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Pay disparity, discharge not based on race; manager believed performance deficient

May 17th, 2017

By Kathleen Kapusta, J.D.
Affirming summary judgment in favor publisher McGraw-Hill against an African-American employee’s Title VII and state-law race bias claims, the Eighth Circuit found he failed to show that two white employees who received higher pay were similarly situated. Nor was one purported race-related comment by his supervisor enough to support his hostile work [Read more...]

CBA did not waive employee’s right to pursue minimum wage claim in judicial forum

May 17th, 2017

By Ronald Miller, J.D.
Finding that a collective bargaining agreement did not clearly and unmistakably waive an employee’s right to pursue an FLSA claim in a judicial forum, the Seventh Circuit reversed the judgment of a district court. Although the CBA addressed the minimum rate of pay owed to seasonal employees, and set out a mandatory [Read more...]

EEOC charge sufficient to exhaust both quid pro quo and hostile work environment claims

May 16th, 2017

By Kathleen Kapusta, J.D.
Reversing the dismissal of an employee’s Title VII sexual harassment claim, the Tenth Circuit found that his EEOC charge, in which he alleged that he was subjected to sexual remarks and his female supervisor terminated him without reason, was sufficient to alert his employer to the sexual harassment allegations and to trigger [Read more...]

FAA ‘transportation-worker’ contract exemption applied to independent contractor agreement; arbitration not compelled

May 16th, 2017

By Kathleen Kapusta, J.D. and Lisa Milam-Perez, J.D.
In a case raising two questions of first impression before it, the First Circuit held that when confronted with a motion to compel arbitration under Section 4 of the Federal Arbitration Act, the district court—and not the arbitrator—must decide whether the FAA’s Section 1 exemption, which exempts contracts [Read more...]

Lawmakers seek clarification on NLRB joint employer standard as applied to franchise industry

May 15th, 2017

By Pamela Wolf, J.D.
Thirteen Members of Congress signed a letter asking the National Labor Relations Board to clarify the extent to which an Advice Memorandum, issued after the Board took up consideration of a new joint employer standard but before it was established in Browning Ferris, can be relied upon by the franchise industry. The [Read more...]