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County not liable for firing employee in state attorney’s office

November 12th, 2019

By Ronald Miller, J.D.
Local governments are responsible only for “their own illegal acts;” they are not responsible for others’ acts falling outside an official local-government policy.
Because the alleged illegal conduct of firing of an employee from the State’s Attorney Office was directed by an officer of the state, and not the county, the employee failed [Read more...]

ADA regarded-as claim of nurse with degenerative retinal condition but no disability revived

November 8th, 2019

By Kathleen Kapusta, J.D.
Under the ADA, observed the appeals court, “your employer can’t fire you because they think you are disabled, even if, in fact, you are not disabled.”
Not only did the court below “use a sledgehammer, when the law required that it use only a scalpel” in excluding in its entirety an expert witness’s [Read more...]

Employee arguing for equitable remedy for fair-share fee deductions merely sought damages

November 8th, 2019

By Ronald Miller, J.D.
In a companion case to Janus v. AFSCME (Janus III), the Seventh Circuit ruled that an employee who sought the equitable relief of restitution, was also seeking damages. Because the employee’s claim was against the general assets of a union, and held in its treasury, it can only be characterized as legal [Read more...]

Employee who paid fair share fees under protest not entitled to refund of money

November 8th, 2019

By Ronald Miller, J.D.
Even assuming that the Supreme Court’s decision in Janus v. AFSCME, Council 31 was applied retroactively, an employee who paid fair share fees under protest was not entitled to refund of some or all of that money, ruled the Seventh Circuit. In a matter of first impression, the appeals court found that [Read more...]

Are post-shift security screenings non-compensable under Pennsylvania law?

November 7th, 2019

By Ronald Miller, J.D.
In multidistrict litigation involving wage-and-hour statutes from various states, this appeal raised the question whether the Supreme Court’s holding in Busk I that post-shift security screening is not compensable resolves a similar claim under the Pennsylvania Minimum Wage Act.
The Sixth Circuit certified to the Pennsylvania Supreme Court two questions regarding compensation for [Read more...]