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School officials not immune after firing employee who disclosed superintendent’s misconduct

November 26th, 2014

By Cynthia L. Hackerott, J.D.
Top administrators of the School District of Philadelphia were not entitled to qualified immunity against the First Amendment and Pennsylvania Whistleblower Law claims of a former employee, who was terminated after publicly disclosing the alleged misconduct of the school district’s superintendent in steering a lucrative, no-bid contract to a minority-owned business. [Read more...]

2-1 NLRB finds discipline for seconds-long shop-floor exchange unlawful

November 26th, 2014

By Lisa Milam-Perez, J.D.
Conagra Foods unlawfully issued a verbal warning to a union supporter for a production-floor conversation that took mere seconds, and during which no union authorization cards changed hands, a divided NLRB panel ruled. The employer also imposed an overly broad work rule by posting a letter reminding employees that its (lawful) nonsolicitation [Read more...]

Could transfer to job requiring no overtime be reasonable accommodation?

November 25th, 2014

By Lorene D. Park, J.D.
An employee who could not safely work in a seated position without moving around every 50 minutes, and who could work no more than eight hours a day, was substantially limited in the major life activities of sitting and working as compared to the general population, concluded a federal district court [Read more...]

Massage school can’t force arbitration of student FLSA wage claims

November 25th, 2014

By Ronald Miller, J.D.
A school of massage therapy could not compel arbitration of individual claims of students who alleged that their performance of services to the general public established an employment relationship under the FLSA and state labor laws, ruled a federal district court in Colorado. Although the court rejected the plaintiff’s contention that the [Read more...]

SOX amendment invalidated arbitration clause for both SOX and state wrongful discharge claims

November 25th, 2014

By Dan Selcke, J.D.
Because an employee’s state law claim was based on the same facts as the claim she brought under the Sarbanes-Oxley Act, an amendment to that Act invalidated an arbitration agreement she signed as applied to both claims, a federal district court in Arkansas held. Doing anything else would go against the amendment’s [Read more...]