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Avon’s claim for costs following settlement of employment dispute moot

October 13th, 2020

By Ronald Miller, J.D.
A case becomes moot on appeal “when the issues presented are no longer live or when the parties lack a legally cognizable interest in the outcome.”
The First Circuit dismissed an employer’s request for an award of costs in an underlying employment discrimination lawsuit, finding that a settlement [Read more...]

Targeting dealership employees for discharge or layoff was intended to punish entire unit for pro-union vote

October 8th, 2020

By Ronald Miller, J.D.
Section 8(a)(3) outlaws punishing the workforce as a whole for its union activity just as strongly as it outlaws punishing particular union supporters.
Substantial record evidence supported the NLRB’s ruling that an automobile dealership violated Sections 8(a)(3) and 8(a)(1) of the NLRA by terminating one employee and [Read more...]

Remote employee can’t advance claim that employer’s counterclaim amounted to retaliation under FLSA

October 8th, 2020

By Ronald Miller, J.D.
The employee failed to sufficiently allege that the filing of counterclaims by her employer amounted to an “adverse action” required to prove a retaliation claim under the FLSA.
An employee in an FLSA overtime suit could not persuade the court to dismiss the counterclaims of her employer for [Read more...]

Restaurant fails to decertify class claim related to sidework of its servers

October 7th, 2020

By Ronald Miller, J.D.
The servers had evidence they were expected to perform sidework tasks for most, if not all, of the time before customers arrived, and that this opening sidework alone exceeded 20 percent of a given workweek.
Finding that the common threshold question remained whether an employer’s sidework policy was [Read more...]

OSHA touts 37 COVID-19 citations without detail of how employees were affected

October 7th, 2020

By Pamela Wolf, J.D.
A single employer was cited for violations at three establishments in July, and one establishment was cited in August; the other 33 citations were issued in September.
Late Friday evening, October 2, OSHA announced that since the start of the COVID-19 pandemic, the agency has cited 37 establishments (although [Read more...]