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Claims made by employees victimized when W-2s exposed in phishing attack tossed by court

January 24th, 2020

By Brandi O. Brown, J.D.
The employees sought to add a handful of new claims to their breach-related lawsuit, including trade secret misappropriation and conversion, but were left with only their original negligence and breach claims after the employer’s motion to dismiss.
A federal district court in Kentucky, faced with an amended complaint adding novel claims of [Read more...]

HHS’s contraceptive care exemption, Notre Dame settlement, violated APA

January 24th, 2020

By Jeffrey H. Brochin, J.D.
HHS was without legal authority to enter into the settlement agreement with Notre Dame University that bound future administrations, faculty, staff, and students.
A federal district court in Indiana has denied the motions to dismiss filed by HHS and Notre Dame University in a case brought by an Indiana women’s health organization [Read more...]

Barstool Sports settles NLRB charges prompted by threatening tweets about union activity

January 24th, 2020

By Pamela Wolf, J.D.
As part of the settlement agreement, the tweets and a purportedly fake twitter account about union activity inside Barstool Sports must be removed.
In a case that attracted widespread attention when David Portnoy, the founder of Barstool Sports, Inc., a sports and pop culture blog, tweeted threats to fire workers who engaged in [Read more...]

Deaf job applicant may pursue disability discrimination claim against Cracker Barrel

January 23rd, 2020

By Ronald Miller, J.D.
Cracker Barrel may be correct that a mere delay in hiring or promotion is not an adverse employment action; however, a reasonable juror could conclude that the employer took him completely out of the running for a job.
A federal district court in Maryland denied Cracker Barrel’s motion for summary judgment against an [Read more...]

Pilot’s class action against American Airlines for benefits accrual while on military leave fails to take off

January 23rd, 2020

By Tulay Turan, J.D.
Pilots’ sick time and vacation accrual are tied to work requirements rather than the fact of simply being employed, so they are neither seniority based nor USERRA protected.
An Army Reservist who was a pilot for American Airlines cannot proceed with his USERRA class action where three types of benefits – sick leave, [Read more...]