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Lyft drivers denied emergency motion seeking to be reclassified as employees entitled to sick pay

May 28th, 2020

By Tulay Turan, J.D.
Regarding the health of Lyft passengers and the general public, although the court agreed that a further purpose of sick time is to help decrease the spread of disease, the potential harm to the public is not the same as harm to the drivers themselves.
Lyft drivers who [Read more...]

Estate of Tyson worker who died of COVID-19 sues for negligence

May 28th, 2020

By Pamela Wolf, J.D.
Tyson is not a subscriber under the Texas Workers’ Compensation Act, which means the company loses certain common-law defenses, according to the complaint.
The husband and children of a Tyson Foods worker who died after contracting COVID-19 is suing the meat processing giant alleging that its negligence and [Read more...]

EEOC advances ADA claim based on manufacturer’s requirement employees disclose prescription meds

May 28th, 2020

By Kathleen Kapusta, J.D.
There were disputed questions of material fact about the intended scope of the disclosure policy, how it was actually applied, whether the policy as applied was overbroad, and whether it was objectively reasonable.
Finding fact issues regarding the scope of a metal fabrication company’s prescription drug policy—it required [Read more...]

Texas man accused of creating fake business, employees to get $5M in PPP funds,

May 27th, 2020

By Wayne D. Garris, Jr.
The Paycheck Protection Program provides small businesses with forgivable loans to use for payroll, mortgage interest, rent, and utilities during the COVID-19 pandemic.
On May 19, 2020, DOJ announced that it has filed criminal charges against a Texas man who allegedly filed fraudulent bank loan applications seeking over [Read more...]

Black employee, fired by Coca Cola for threatening to harm coworkers, advances race bias claim

May 27th, 2020

By Brandi O. Brown, J.D.
Differential treatment of the employee and a nonblack coworker who had been the subject of similar accusations, along with vastly different assessment of video footage of events precipitating the employee’s termination, led the court to deny summary judgment.
Denying in part Coca Cola Refreshment’s motion for summary [Read more...]