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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...]


Manager’s angry ‘get back to work’ order to employees on heat breaks wasn’t implicit threat

December 7th, 2018

In a case involving California workers who worked in steel shipping containers and began jointly taking heat breaks when the weather became too hot, the NLRB affirmed an administrative law judge’s determination that a manager coercively interrogated an employee and told him to bring his work-related concerns directly to management. The Board also agreed with [Read more...]


Title VII didn’t preempt Title IX retaliation claim by lecturer fired after being cleared of harassment

December 7th, 2018

By Lorene D. Park, J.D.
Explaining that Title VII would preempt a Title IX claim involving employment discrimination, but would not preempt a Title IX claim of retaliation for participating in Title IX proceedings, even if the alleged retaliation results in termination of employment, a federal court in Texas denied a university’s motion for summary judgment [Read more...]