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Lawsuit accuses FedEx of avoiding overtime obligations to drivers in New Mexico

October 16th, 2020

By Wayne D. Garris Jr., J.D.
The complaint accuses the delivery company of shifting from an independent contractor model to an “Independent Service Provider” model in order to continue to avoid its obligation under the state’s wage law.
On October 12, 2020, a New Mexico-based driver for FedEx filed a lawsuit accusing the delivery [Read more...]


Although supervisor used the ‘N-word,’ employer gets summary judgment on HWE claim; retaliation claim advances

October 16th, 2020

By Brandi O. Brown, J.D.
While the court agreed that use of the “N-word” is “severe,” it was not persuaded that the conduct rose to the level of an objectively hostile work environment.
A federal district court in Alabama granted an employer’s motion for summary judgment with respect to a hostile work [Read more...]


Fill-in supervisor couldn’t prove denial of promotion to permanent position was race discrimination

October 15th, 2020

By Wayne D. Garris Jr., J.D.
Both the district court and circuit court acknowledged that the eventual selectee may have been hired due to cronyism, but the employee couldn’t prove that his nonselection was discriminatory.
Affirming a district court’s grant of summary judgment in favor of the Massachusetts Bay Transportation Authority, the [Read more...]


OSHA’s COVID-19 response update points to 25 more establishments cited, with additional $429K in penalties

October 15th, 2020

By Pamela Wolf, J.D.
The great bulk of citations were issued in September, with few issued before then.
In what seems an ongoing campaign to highlight its efforts following criticism for being “missing in action,” OSHA is once again touting its response to the COVID-19 crisis, noting that since the beginning of the pandemic through October [Read more...]


University facilities director’s email warning of potential COVID-19 exposure constitutionally protected conduct

October 14th, 2020

By Ronald Miller, J.D.
The employee sent an email to fellow workers them that “one of our colleagues is self-quarantined due to exposure to COVID-19,” and advising them to seek medical advice to determine their risk and course of action.
A university president was denied a motion to dismiss a suit brought [Read more...]