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Abusive treatment of subordinates, not employee’s PTSD, was cause of firing

September 20th, 2017

By Kathleen Kapusta, J.D.
An employee fired shortly after telling his supervisor he had PTSD could not establish pretext for disability discrimination by pointing to, among other things, his recent positive performance evaluations or a relatively minor misstatement in the employer’s EEOC position statement. Nor did the fact that the decisionmakers questioned the veracity of his [Read more...]


5-minute pre-shift ‘briefing’ of 911 dispatcher compensable, not de minimis

September 20th, 2017

By Joy P. Waltemath, J.D.
Reversing summary judgment to a county employer on only one of several FLSA claims for unpaid pre- and post-shift work, the Tenth Circuit found that a 911 dispatcher presented sufficient evidence for a jury to find that the county had to compensate her for the undisputedly integral and indispensable activity of [Read more...]


Picketing store owned by sons of former, now-defunct employer not unlawful secondary boycott

September 19th, 2017

By Lorene D. Park, J.D.
Affirming the dismissal of an unfair labor practice suit against UFCW Local 653, a divided Eighth Circuit found that the NLRA provision at issue did not cover the picketing of grocery stores owned in part by sons of an individual who owned a now-defunct store (Fresh Seasons) that had employed union [Read more...]


City manager fired while she was on leave—behind her back—not because she was on leave

September 19th, 2017

By Joy P. Waltemath, J.D.
Even assuming that a city manager had notified the city council that she was going on FMLA leave when she told them she was having foot surgery and would be able to work from home while recovering, her employer could fire her without unlawfully interfering with the FMLA as long as [Read more...]


California parental leave bill for workers at small employers heads to governor’s desk

September 19th, 2017

By Pamela Wolf, J.D.
Legislation that would provide 12 weeks of unpaid, job-protected maternity and paternity leave for Californians who work for smaller employers passed the California Senate on September 13 and is now headed to Governor Jerry Brown’s desk. An amended version of the bill, authored by Senator Hannah-Beth Jackson (D-Santa Barbara), cleared the Senate [Read more...]