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Lacrosse officials are independent contractors; NLRB’s contrary finding reversed

June 18th, 2019

By Lisa Milam, J.D.
When it deemed them employees and allowed them to unionize, the Board failed to sufficiently account for the fact that the athletic association paid the officials, on average, for only three games per year, for two-hour stints.
Lacrosse officials who are hired by an interscholastic athletic association to officiate playoff games are independent [Read more...]

Without evidence of an underlying physiological disorder, obesity is not a physical impairment

June 17th, 2019

By Kathleen Kapusta, J.D.

The bus driver failed to show that his extreme obesity was an actual impairment or that his employer perceived it as such.
Addressing for the first time whether extreme obesity, even without evidence of an underlying physiological condition, meets the definition of physical impairment and is thus an actual disability for ADA [Read more...]

Hazing complaint not the but-for cause of employee’s constructive discharge

June 17th, 2019

By Ronald Miller, J.D.
In this Title VII retaliation claim, the question was not whether an employee’s complaint about a racially charged hazing incident was a but-for cause of his constructive discharge, but rather whether the protected activity was the but-for cause of the adverse action.
The Seventh Circuit agreed with a district court’s finding that no [Read more...]

Treble damages under Texas Sales Representative Act based on only commission remaining unpaid at time of judgment

June 14th, 2019

By Brandi O. Brown, J.D.
Although JCB, the sales representative whose nearly $300,000 in commission was not paid when due and was only completely paid after it filed suit will not receive treble damages on either the whole or partially unpaid amounts, but is entitled to a reasonable attorneys’ fees.
Taking the approach most in sync with [Read more...]

Additional random drug and alcohol testing not adverse action under ADA

June 14th, 2019

By Kathleen Kapusta, J.D.
The disruption employees experienced when they were pulled from their job assignments, without advance notice, to go to a testing facility was not a materially significant disadvantage with respect to the terms of their employment.
Dismissing with prejudice the ADA disability discrimination claims of seven current and former utility company employees who were [Read more...]