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Texas jury award for school bus monitor fired after ‘wetting self’ reinstated; incontinence was disability

May 19th, 2017

By Marjorie Johnson, J.D.
The Texas Supreme Court reinstated a jury verdict in favor of a school bus monitor who suffered from congestive heart failure and incontinence, and who was fired after he involuntarily urinated in his pants following a bus driver’s refusal to stop at a gas station so he could use the restroom. In [Read more...]


NLRB says casino can’t bar former employee from premises after she filed wage suit

May 19th, 2017

By Ronald Miller, J.D.
An employer acted unlawfully by denying a former employee access to its hotel/casino facility, contrary to its longstanding practice of granting such access, after she and another employee filed an FLSA collective action for unpaid wages, ruled a divided three-member panel of the NLRB. Finding that the employer routinely granted former employees [Read more...]


Union policy requiring written request for anniversary date not arbitrary

May 18th, 2017

By Matt Pavich, J.D.
A union’s policy that required members to request their anniversary date in writing was neither arbitrary nor in bad faith, ruled the D.C. Circuit. Applying the accepted duty of fair representation standard for determining whether internal union policies are unlawfully arbitrary, the NLRB reasonably found that the union’s policy was not so [Read more...]


More FY 2017 OFCCP settlements not publicized via agency press releases

May 18th, 2017

By Cynthia L. Hackerott, J.D.
The OFCCP’s practice of posting online (via its Class Member Locator webpage and FOIA Reading Room) some conciliation agreements and consent decrees for which the agency did not issue a corresponding press release continues. The following is a listing of such agreements not previously reported by Wolters Kluwer. In all of [Read more...]


Return to different but equivalent job, layoff weeks later not FMLA violations

May 18th, 2017

By Kathleen Kapusta, J.D.
Observing that the plain language of the FMLA does not require an employer to restore an employee returning from leave to his previous position no matter what, the Fourth Circuit, in agreement with the court below, rejected the contention of an employee—who was restored to a different position after leave and then [Read more...]