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Employee can’t recover unpaid wages from ADP, employer’s third-party payroll processing provider

February 21st, 2019

By Ronald Miller, J.D.
Under California’s third-party beneficiary doctrine, an employee may not bring a breach of contract suit for unpaid wages against an independent payroll service contracted to handle an employer’s payroll functions.
Allegations in an amended complaint were not sufficient, under California’s third party beneficiary doctrine, to support a cause of action by an employee [Read more...]

Sealy workers’ California Labor Code claims withstand LMRA preemption challenge

February 20th, 2019

By Lisa Milam, J.D.
The employees’ state-law wage claims were not preempted, but federal labor law barred their retaliation and wrongful termination claims under California law.
Federal labor law did not preempt California Labor Code wage claims brought by employees of a Sealy mattress manufacturing facility who claimed that the company didn’t pay them the proper (higher) [Read more...]

Transgender employee at Iowa DOC wins $120K on discrimination claims

February 20th, 2019

By Pamela Wolf, J.D.
An Iowa jury sided with a transgender male nurse on claims that his employer discriminated against him by denying access to the male locker and restroom, and insurance coverage for a medically necessary surgery.
The American Civil Liberties Union scored a victory on February 13 when a Polk County, Iowa, jury awarded a [Read more...]

Tenured professor had property interest in job, not his base salary

February 19th, 2019

By Ronald Miller, J.D.
A tenured professor had a property interest in his job, but no legitimate expectation in a set salary. Therefore, the university did not violate the Due Process Clause by reducing his base pay.
A long-tenured professor’s challenge to the University of Pittsburgh’s decision to reduce his salary as a violation of the Due [Read more...]

Ordinance banning ‘Scabby the Rat’ balloon didn’t violate First Amendment

February 19th, 2019

By Lorene D. Park, J.D.
A 2014 town sign ordinance that had the effect of banning a giant inflatable rat used for symbolic purposes during union protests did not discriminate based on content in violation of the First Amendment.
The Seventh Circuit found no reason to question a district court’s findings that a town’s code enforcement officer, [Read more...]