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Employee fired after refusing to establish MMR immunity or get vaccine can’t revive ADA claims

December 11th, 2018

By Brandi O. Brown, J.D.
A healthcare worker who was discharged when she refused to obtain an MMR vaccination or otherwise establish her disease immunity, which was required as a condition of continued employment after a merger, was unable to revive her ADA and MHRA claims on appeal to the Eighth Circuit. Although the appeals court [Read more...]

Debate over ‘No Hire Agreements’ grows as two more companies sued

December 11th, 2018

By Stephanie K. Mann, J.D.
As the national debate over whether “no-poach” agreements constitute anticompetitive behavior continues to grow, two more companies have been sued by their employees for violations of the Sherman Act. Nationwide pizza chain Papa John’s and automobile repair shop Jiffy Lube were sued for violations of the Sherman Act and Clayton Act [Read more...]

Air traffic controller not required to exhaust CBA’s grievance procedures before bringing Section 301 suit

December 11th, 2018

By Kathleen Kapusta, J.D.
Reversing and remanding a district court’s determination that an employee was required by the governing collective bargaining agreement to exhaust its grievance procedures before filing suit in federal court under LMRA Section 301, and that he failed to do so, the Fourth Circuit found the lower court erred in treating the exhaustion [Read more...]

Denial of class certification for caregivers seeking refund of ‘fair share’ fees affirmed again

December 10th, 2018

By Ronald Miller, J.D.
On remand from the Supreme Court, the Seventh Circuit concluded that the High Court’s decision in Janus v. AFSCME, which barred unions from imposing agency fees on public employees who are not union members, did not require a different result on the narrow question of whether a class action was the proper [Read more...]

Coworker’s racist remarks support cat’s paw claim, but being called ‘fat’ not actionable under ADA

December 10th, 2018

By Lorene D. Park, J.D.
Given that an employee’s coworker, who had made racist remarks, reported to a manager that the employee violated a policy prohibiting cell phone use while driving, and finding that a jury could conclude the coworker’s bias affected the manager’s decision to terminate the employee based on that first violation, a federal [Read more...]