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West Virginia income tax exemption for state law enforcement retirees unlawfully discriminated against retired federal marshal

February 22nd, 2019

By Ronald Miller, J.D.
A West Virginia statute that provided a tax exemption for state law enforcement officers when they retired, but did not apply to federal law enforcement personnel, unlawfully discriminated against a retired U.S. marshal.
A state violates the intergovernmental tax immunity doctrine when it treats retired state employees more favorably than retired federal employees [Read more...]

Union members who authorized dues deductions can’t claim First Amendment violations after Janus

February 22nd, 2019

By Harold S. Berman J.D.
Union members who agreed to dues deduction as stipulated by state law and a collective bargaining agreement could not later claim that the state and the union deprived them of their First Amendments rights. They were not coerced into agreeing to the deductions.
Union members who brought a class action against the [Read more...]

No support for allegation employee was fired for reporting ‘assault’ by coworker

February 22nd, 2019

By Kathleen Kapusta, J.D.
The company claimed it fired the employee because of his history of workplace conflict and disrespect for his coworkers and his supervisor, the court observed, noting that when a worker is fired for impugning the company’s integrity, the discharge does not violate public policy.
Affirming summary judgment against an employee’s state-law retaliatory discharge [Read more...]

Pregnant EMT let go after being denied desk job can pursue PDA claim

February 22nd, 2019

By Nicole D. Prysby, J.D.
The employee was denied a position where she would not have to do heavy lifting and was told she was being “let go” but could return after her pregnancy leave.
Given evidence that a pregnant EMT was terminated and did not take leave voluntarily, a federal district court in Illinois permitted her [Read more...]

Only FMLA interference claim is revived for intelligence analyst denied permanent post due to attendance problems

February 21st, 2019

By Lisa Milam, J.D.
In a somewhat narrow FMLA interference win, the appeals court grappled with a number of salient disability and accommodation issues before also affirming summary judgment in the agency’s favor on her Rehabilitation Act claims.
An operations analyst may pursue her FMLA interference claims against the Office of the National Intelligence Director (ODNI), the [Read more...]