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Lifetime medical benefits for Honeywell retirees survived expiration of agreement

August 9th, 2019

By Ronald Miller, J.D.
Because the EBA contained plain, affirmative language tying benefits to the lifetime of the recipient, the contracts’ general durational clauses did not prevent those benefits from vesting.
Given that an effects bargaining agreement (EBA) unambiguously vested medical coverage for retirees who retired prior to the expiration of the agreement, the Second Circuit affirmed [Read more...]

No-fault absence point reduction scheme may have interfered with employee’s right to take FMLA leave

August 9th, 2019

By Kathleen Kapusta, J.D.
Resetting the employee’s perfect attendance clock every time he took FMLA leave effectively denied him the flexibility of the no-fault attendance policy that every other employee not taking FMLA leave enjoyed, said the court.
A jury could find that an employer’s “Attendance Point Reduction Schedule,” which treated paid time off for vacation, bereavement, [Read more...]

$14M settlement would counter damage done by ‘predator’s club’ professors

August 9th, 2019

By Pamela Wolf, J.D.
Little is known about the other proposed settlement terms, but the alleged sexual harassers are no longer employed, and there will be funded initiatives to identify and rectify current problems and prevent future issues.
In what the parties are calling “a historic partnership seeking to enact meaningful change,” Dartmouth College and the nine [Read more...]

As modified, injunction against enforcement of EEOC criminal background check guidance in Texas affirmed

August 8th, 2019

By Kathleen Kapusta, J.D.
The EEOC overstepped its statutory authority in issuing the guidance, said the appeals court, notice and comment rulemaking can’t save it, and the EEOC and Attorney General may not treat it as binding in any respect.
Affirming as modified a district court’s injunction barring the EEOC from enforcing its 2012 guidance on employers’ [Read more...]

No new trial for employer that fired two employees after they assisted OSHA investigation into plant accident

August 8th, 2019

By Tulay Turan, J.D.
After a five-day trial, the jury had found the employer violated the OSH Act, and the court found sufficient evidence from which the jury could determine the employer retaliated against the discharged employees, one of whom was fired five days after an OSHA inspection.
Denying an employer’s motion for judgment as a matter [Read more...]