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Drug use or diabetes? Jury will decide after CNA’s ADA claims survive summary judgment

June 19th, 2018

By Victoria Moran, J.D.
A federal district court in Indiana concluded that a diabetic certified nursing assistant (CNA) can move forward with her ADA claims; she provided sufficient evidence that she was terminated because she was diabetic and her employer did not want to accommodate her need for time off due to her diabetes, and not [Read more...]


Union unlawfully coerced employees in demanding full dues from ‘core’ members

June 19th, 2018

By Lorene D. Park, J.D.
A union’s letters demanding payment of full membership dues from employees it knew had opted for “core” membership instead, and simultaneously initiating the wage-garnishment process to collect full dues, would reasonably tend to “coerce or restrain” the employees in the exercise of their NLRA Section 7 right to limit their association [Read more...]


Substantial evidence that unionized manufacturer created non-union shop to evade union obligations sustains alter ego status

June 19th, 2018

By Ronald Miller, J.D.
Substantial evidence supported the NLRB’s findings that a unionized manufacturer and a non-union shop that it created were alter egos, ruled a divided D.C. Circuit. The 2-1 appeals court looked to the Board’s findings on three critical factors—identity of business purpose, operations, and equipment; substantial control; and anti-union motive. Island created Verde [Read more...]


Claim that supervisor used unsubstantiated drug charge to oust employee who sought FMLA leave advances

June 18th, 2018

By Lorene D. Park, J.D.
Refusing to dismiss an employee’s FMLA retaliation claims against his employer and two supervisors individually, a federal district court in Illinois found that he plausibly alleged that his supervisors used unsubstantiated drug charges as an opportunity to suspend him indefinitely and effectively discharge him in retaliation for his request for intermittent [Read more...]


NLRB: Discipline unlawfully motivated by ULP charges, not driver’s failure to secure gas cylinders

June 18th, 2018

By Ronald Miller, J.D.
An employer issued a written warning to an employee for having filed unfair labor practice charges with the Board, not because he drove his truck with improperly secured gas cylinders in the trailer, ruled the NLRB in a 2-1 decision. The Board agreed with an administrative law judge that the evidence as [Read more...]