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In EEOC suit, supervisor’s comment about employee’s health provided direct evidence of disability bias

April 16th, 2019

By Kathleen Kapusta, J.D.
A comment about an employee’s health, said the court, was a far cry from a stray remark as it was made during the meeting in which the employee was fired, it was made by her supervisor, and it related directly to the termination decision.
Not only could a reasonable jury find an employee [Read more...]

Arbitration provision so unconscionable that Portuguese-speaking driver need not arbitrate administrative wage-hour claims

April 16th, 2019

By Marjorie Johnson, J.D.
In addition to at least a “moderate level” of procedural unconscionability, the central purpose of an arbitration agreement was to “evade the statutory protections” and limit the available remedies to a driver through numerous substantively unconscionable provisions.
An arbitration provision contained in an owner-operator employment agreement provided in English to a Portuguese-speaking driver [Read more...]

NLRB: Cursing about clients in company restroom not protected concerted activity

April 15th, 2019

By Ronald Miller, J.D.
The General Counsel failed to establish that an employee was unlawfully discharged for his restroom conversation with a coworker that included profanity about clients.
A brief restroom conversation between two mortgage bankers which involved complaints about clients, including swearing about clients, was not protected concerted activity, ruled a three-member panel of the NLRB. [Read more...]

School district sued again for allegedly violating reservist’s USERRA rights, this time by demoting him

April 15th, 2019

By Pamela Wolf, J.D.
The school district allegedly demoted the reservist instead of reinstating him into a comparable position when his Dean of Students job was eliminated during his active duty.
The Department of Justice has filed another lawsuit against the Warren County, North Carolina, Board of Education to protect the Uniformed Services Employment and Reemployment Rights [Read more...]

Public employee challenge to agency fees moot because collection of fees ended voluntarily

April 12th, 2019

By Harold S. Berman J.D.
A First Amendment constitutional challenge to public sector unions’ collection of agency fees was moot after unions voluntarily ceased collections in compliance with U.S. Supreme Court’s ruling in Janus v. AFSCME, Council 31 .
Challenges by four public sector employees in Massachusetts alleging that mandatory agency fee provided under state law, G.L. [Read more...]