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Trial ahead for coworker spouses allegedly told that only wife should care for their sick kids

September 13th, 2021

By Brandi O. Brown, J.D.
A jail corporal and a warrant secretary for a county sheriff’s office, who were married, will have the opportunity to present their claims of sex discrimination based on their employer’s alleged instruction that only the wife, the warrant secretary, should take leave to care for their sick children, even though the [Read more...]

Employee with COPD, fired upon end of leave taken to avoid unmasked coworkers, advances FMLA claim

September 9th, 2021

By Kathleen Kapusta, J.D.
A county clerk in West Virginia who suffers from COPD, and who took leave in order to avoid contact with unmasked coworkers during the COVID-19 pandemic, plausibly alleged that her termination on the day she was scheduled to return to work was unlawful FMLA retaliation. Denying her employer’s motion to dismiss, the federal [Read more...]

Car dealership’s ‘class waiver’ arbitration provision was enforceable, did not violate civil rights laws

September 8th, 2021

By Thomas K. Lauletta, J.D.
An employer’s mandatory arbitration agreement requiring employees to waive their rights to class-action representation did not violate provisions of Title VII, the ADA, or the ADEA, the Sixth Circuit explained in an unpublished decision upholding a district court’s dismissal of a class action discrimination suit. In so ruling, the court relied [Read more...]

OFCCP rescinds earlier intent not to request or use EEO-1 Component 2 pay data

September 7th, 2021

By Pamela Wolf, J.D.
In a move that may signal an eventual return to collection of government contractor pay data information, the DOL’s Office of Federal Contract Compliance Programs is rescinding its previously issued notice stating that it would not request, accept, or use EEO-1 Component 2 data. The OFCCP and the EEOC collect workforce data through [Read more...]

Board’s revised framework defining when employers can exclude contractor employees from their property is arbitrary

September 2nd, 2021

By Kathleen Kapusta, J.D.
Finding that the NLRB’s new framework, announced in Bexar County Performing Arts Center Foundation, for defining when a property owner can prohibit an onsite contractor’s employees from accessing the property to engage in labor organizing activity was arbitrary, the D.C. Circuit remanded to the Board for reconsideration. On remand, said the court, while the [Read more...]