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Chattanooga Volkswagen employees age 50-plus granted conditional certification of age discrimination claim

June 14th, 2019

By Nicole D. Prysby, J.D.
Volkswagen’s “Pact for the Future” program could be considered a single unified policy under which Volkswagen employees over age 50 are potentially victims of age discrimination, but only as to employees in Volkswagen’s Chattanooga facility.
A federal district court in Tennessee has conditionally certified a collective action on behalf of Volkswagen employees [Read more...]

Maryland did not waive immunity from FEPA suits brought in federal court

June 13th, 2019

By Lisa Milam, J.D.
While the state waived sovereign immunity from FEPA claims in state court, it did not agree to defend such claims in federal court.
The state of Maryland never waived Eleventh Amendment immunity from Fair Employment Practices Act (FEPA) suits brought in federal court, the Fourth Circuit held, reversing and remanding a federal district [Read more...]

House Education and Labor Committee approves three bills designed to help workers

June 13th, 2019

By Pamela Wolf, J.D.
The bills would protect worker retirement benefits, loosen the burden of proof in age discrimination claims, and take action to protect healthcare and social service workers from workplace violence.
On June 11, the House Committee on Education and Labor gave its approval to a triad of bills that proponents say would improve the [Read more...]

California wage laws don’t apply—FLSA does—to employee working on drilling platform affixed to Outer Continental Shelf

June 12th, 2019

By Ronald Miller, J.D.
Under the Outer Continental Shelf Lands Act (OCSLA), state law is adopted as surrogate federal law only if federal law does not address the relevant issue. The FLSA already addresses wage-hour issues, so California law is not adopted.
To the extent that an employee’s Outer Continental Shelf-based (OCS) claims relied on the adoption [Read more...]

Work restrictions alone not enough to show employee suffered a disability under ADA

June 12th, 2019

By Marjorie Johnson, J.D.
Though the Nissan employee was undisputedly denied a desired transfer because of work restrictions resulting from a neck injury, he had been able to perform his assembly line job for over a decade after the restrictions had been placed upon him by his physician.
Just because an automotive factory employee had work restrictions [Read more...]