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Trump clarifies federal agency collective bargaining obligations under previously enjoined executive orders

October 17th, 2019

By Pamela Wolf, J.D.
Trump’s new memorandum clarifies that CBAs executed while the EOs were enjoined must be honored; new terms agreed upon during that period may be incorporated into a new CBA.
On October 11, President Trump issued a “Memorandum for the Heads of Executive Departments and Agencies” clarifying collective bargaining obligations in the aftermath of [Read more...]

FedEx driver who attempted suicide during psychotic break can’t advance ADA regarded-as claim

October 17th, 2019

By Kathleen Kapusta, J.D.
The driver failed to show that FedEx’s reasons for disqualifying him as a road driver for a year following his suicide attempt were based on pretext.
FedEx did not unreasonably rely on the one-year waiting period in the FMCSA’s medical guidelines when it disqualified a driver from driving for one year after he [Read more...]

NLRB: Confidentiality and media contact rules clearly did not interfere with Section 7 rights

October 16th, 2019

By Ronald Miller, J.D.
Confidentiality and media contact rules are now generally categorized as Category 1(a) rules under Boeing, so there was no need for the Board to take the step of addressing any general or specific legitimate interests justifying the rules.
An employer’s confidentiality and media contact rules would not be interpreted by an objectively reasonable [Read more...]

Dispute over who ‘clicked through’ training containing arbitration agreement precludes dismissal

October 16th, 2019

By Joy P. Waltemath, J.D.
Could it have been possible for Family Dollar employees to have skipped over training containing the arbitration agreement? The court couldn’t say.
Because of conflicting evidence as to whether a fired Family Dollar employee had actually read and electronically assented to an arbitration provision contained in the company’s “Family Dollar University” policy [Read more...]

Sanctions appropriate for fired marketing director’s bad faith media campaign after failed mediation

October 16th, 2019

By Kathleen Kapusta, J.D.
The timing of the marketing director’s media interviews and distribution of those interviews and articles via her Facebook page demonstrated her intention to influence this action in her favor, the court stated.
Citing its inherent power to sanction litigants and their attorneys to ensure that parties receive a fair trial, a federal court [Read more...]