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Vulgar-talking judge’s attempt to rehash facts of assistant’s hostile environment, retaliation claims doomed qualified immunity denial appeal

July 13th, 2018

By Marjorie Johnson, J.D.
In a case by a judicial administrative assistant against a county judge who purportedly created a hostile work environment with his explicit sexual banter and retaliated against her for complaining, a divided Sixth Circuit rejected the judge’s appeal of the district court’s denial of summary judgment on qualified immunity grounds, finding it [Read more...]

Employees in different city divisions, with different skills, not proper comparators

July 13th, 2018

By Nicole D. Prysby, J.D.
Given the differences in job duties and skills of an African-American employee and the two white individuals he named, the individuals were not proper comparators for the purpose of the employee’s Section 1983 race discrimination claim. Therefore, the mayors the employee had sued individually were entitled to qualified immunity, the Fifth [Read more...]

California limitations period no bar to claim of prenatal exposure to toxic chemicals at mother’s workplace

July 13th, 2018

By Kathleen Bianco, J.D.
The California Supreme Court reversed a decision granting summary judgment to Sony Electronics in a suit claiming it was liable for a minor’s birth defects and permanent injuries caused by prenatal exposure to toxic substances during her mother’s employment. In reaching this conclusion, the state high court rejected the lower courts’ findings [Read more...]

Hospital can’t lawfully withdraw recognition from nurses’ union it resisted for eight years

July 12th, 2018

By Ronald Miller, J.D.
In view of a hospital’s repeated violations of the rights of its nurses after they selected a union as bargaining representative, and its eight years of avoiding bargaining with the union, it could not lawfully withdraw recognition from the union in the midst of challenges to NLRB orders, with the union on [Read more...]

DOL’s 80/20 provision, ‘dual jobs’ rules for tip credit are challenged

July 12th, 2018

By Pamela Wolf, J.D.
The Restaurant Law Center (RLC) and the Texas Restaurant Association (TRA) have filed a lawsuit against the Department of Labor challenging the so-called “80/20″ rule on the availability of the tip credit based on tipped and non-tipped duties. According to their complaint, not only was the provision quietly slipped into an internal [Read more...]