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VISTA worker, canned for phone-sex memoir, has First Amendment retaliation claim revived

December 6th, 2019

By Joy P. Waltemath, J.D.
There was no evidence the National Guard’s family programs were impaired because the author of a phone-sex memoir was allowed to collect and enter organizations’ contact information into a database on the Guard’s behalf.
A VISTA worker’s previous pseudonymous publication of a memoir reflecting her experience as a phone-sex operator was constitutionally [Read more...]

Navy reservist revives ‘cat’s paw’ claim that anti-military animus influenced HR recruiter’s adverse decision

December 5th, 2019

By Marjorie Johnson, J.D.
The employee claimed that a superior who had made disparaging comments about her military status and need for time off for reservist training influenced the recruiter’s decision to reject her for an interview for a promotion.
Triable issues existed as to whether an art museum director harbored anti-military animus against an employee who [Read more...]

Denying employee leave to care for adult daughter might be willful FMLA violation

December 5th, 2019

By Marjorie Johnson, J.D.
A jury will decide whether a personnel administrator, in denying the FMLA leave request, solely relied on the daughter’s older age without considering whether she was incapable of self-care following her surgery, and if so, whether the two-year or three-year statute of limitations applied.
Triable issues existed as to whether an employer improperly [Read more...]

Oracle challenges OFCCP’s administrative enforcement ‘power grab’

December 5th, 2019

By Pamela Wolf, J.D.
The “coercive administrative-enforcement and adjudicative regime” is unlawful under constitutional separation of powers, the Administrative Procedure Act, and Executive Order 11246, according to the complaint.
Oracle America, Inc., is suing the U.S. Department of Labor and its Office of Federal Contract Compliance Programs, asking a federal district court in Washington, D.C., to declare [Read more...]

McDonald’s would pay $26M to end wage-hour class action against corporate-owned California restaurants

December 3rd, 2019

By Pamela Wolf, J.D.
The proposed settlement would give workers back wages, statutory penalties, and interest for alleged missed, late, or shortened meal and rest breaks; unpaid overnight overtime; waiting time penalties; wage statement penalties; and unreimbursed uniform maintenance time and expenses.
Long-running California wage and hour litigation against McDonald’s corporate (non-franchised) restaurants in that state would [Read more...]