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DJ’s threat to leave for better paying job arguably part of protected demand for pay equality

June 12th, 2018

By Marjorie Johnson, J.D.
A reasonable jury could find that a female radio DJ’s statement to her employer that she was seeking other employment offers was part of her protected activity of demanding equal pay for equal work, and not a legitimate reason for firing her. Denying summary judgment against her on her gender bias and [Read more...]

NLRB upholds Emanuel’s disqualification from participation in Hy-Brand II

June 11th, 2018

By Ronald Miller, J.D.
Finding that an employer had not identified any material error or extraordinary circumstances warranting reconsideration under Section 102.48(d)(1) of the Board’s Rules and Regulations, a four-member panel of the NLRB denied its motion for reconsideration of Hy-Brand II, 366 NLRB No. 26. The Board rejected challenges by the employer and General Counsel [Read more...]

Corporations have paid out $8.8B as a result of so-called ‘wage theft’ litigation

June 11th, 2018

Many large corporations operating in the United States have boosted their profits by forcing employees to work off the clock, cheating them out of required overtime pay, and engaging in similar practices that together are known as “wage theft,” according to a new report, Grand Theft Paycheck: The Large Corporations Shortchanging Their Workers’ Wages, published [Read more...]

‘Compensation agreement’ did not modify exec’s at-will status

June 8th, 2018

By Robert Margolis, J.D.
A “Compensation Agreement” that outlined a salary and bonus structure until company sales reached $150 million did not modify the status of a power supply product manufacturer’s Executive Vice President from that of an at-will employee, the Eighth Circuit held. It affirmed the summary judgment dismissal of the EVP’s breach of contract, [Read more...]

Doctor notes, request for mask in lieu of vaccine gave notice of disability, accommodation request

June 8th, 2018

By Lorene D. Park, J.D.
Reversing dismissal of a nurse’s ADA failure-to-accommodate claim, the Third Circuit found in an unpublished opinion that she sufficiently alleged that the medical center where she worked was on notice of her disability and request for an accommodation (not getting vaccinated but wearing a face mask instead), and a jury could [Read more...]