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Employee advances OT claims even though facial recognition system reflected 40 hours weekly

December 12th, 2018

By Marjorie Johnson, J.D.
Although an adult medical daycare center’s facial recognition system reflected that an employee did not work more than his standard 40-hour week and he admittedly never asked to work overtime, triable issues existed as to whether he actually worked the overtime hours he claimed and whether the employer actually or constructively knew [Read more...]

Are drivers giving Uber an ‘Aha!’ moment?

December 12th, 2018

By Pamela Wolf, J.D.
In what could turn out to be one of those “Aha!” moments for Uber (and other employers), 12,501 drivers have filed a motion in federal district court in California to compel the ride-share giant to arbitrate their claims that it misclassified them as independent contractors. The drivers are intent upon making Uber [Read more...]

Employee fired after refusing to establish MMR immunity or get vaccine can’t revive ADA claims

December 11th, 2018

By Brandi O. Brown, J.D.
A healthcare worker who was discharged when she refused to obtain an MMR vaccination or otherwise establish her disease immunity, which was required as a condition of continued employment after a merger, was unable to revive her ADA and MHRA claims on appeal to the Eighth Circuit. Although the appeals court [Read more...]

Debate over ‘No Hire Agreements’ grows as two more companies sued

December 11th, 2018

By Stephanie K. Mann, J.D.
As the national debate over whether “no-poach” agreements constitute anticompetitive behavior continues to grow, two more companies have been sued by their employees for violations of the Sherman Act. Nationwide pizza chain Papa John’s and automobile repair shop Jiffy Lube were sued for violations of the Sherman Act and Clayton Act [Read more...]

Air traffic controller not required to exhaust CBA’s grievance procedures before bringing Section 301 suit

December 11th, 2018

By Kathleen Kapusta, J.D.
Reversing and remanding a district court’s determination that an employee was required by the governing collective bargaining agreement to exhaust its grievance procedures before filing suit in federal court under LMRA Section 301, and that he failed to do so, the Fourth Circuit found the lower court erred in treating the exhaustion [Read more...]