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Dollar General discriminated against diabetic employee fired for violating ‘anti-grazing’ policy

August 9th, 2018

By Kathleen Kapusta, J.D.
In a case brought by the EEOC on behalf of a diabetic Dollar General sales associate, the Sixth Circuit found a jury permissibly determined that the discount retailer discriminated on the basis of disability when it fired the employee after discovering she drank orange juice from the store’s cooler during hypoglycemic episodes. [Read more...]


NLRB: Hospital wrongly barred off-duty workers in its public cafeteria from soliciting others on nonworking time

August 9th, 2018

By Ronald Miller, J.D.
An employer’s solicitation and distribution policy was overbroad because it prohibited off-duty employees, who were permissibly on the employer’s property, from engaging in Section 7 activities, ruled a three-member panel of the NLRB. Having granted off-duty employees access to its cafeteria, the employer could not at the same time prohibit them from [Read more...]


NY AG sues US DOL to compel production of records on PAID Program

August 9th, 2018

By Pamela Wolf, J.D.
New York Attorney General Barbara D. Underwood has filed a lawsuit against the U.S. Department of Labor for neglecting to respond to records requests about its Payroll Audit Independent Determination (PAID) Program, which she said permits employers who violate labor laws to avoid prosecution and penalties. The complaint seeks to compel the [Read more...]


NLRB: ALJs are validly appointed; Board is ‘Department,’ Members collectively are ‘Head of Department’

August 8th, 2018

By Joy P. Waltemath, J.D.
Unified, for once, on a significant issue of Board law or procedure, the five Members of the NLRB agreed that the Board’s appointment of administrative law judges is constitutionally valid under the Appointments Clause because the Board itself is a “Department” and the Board’s Members collectively are a “Head of Department,” [Read more...]


Replaced opinion relies on ‘tickets’ (not uniforms) used by valets as ‘materials’ to find FLSA enterprise coverage

August 8th, 2018

By Ronald Miller, J.D.
In a supplemental opinion on rehearing, the Eleventh Circuit withdrew its earlier opinion of June 29, 2018, and replaced it with a new opinion. Still, the appeals court concluded that an employer was not entitled to summary judgment on the issue of “enterprise” coverage. Rather, based on the evidence, it concluded that [Read more...]