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Seeking confirmation of arbitration awards didn’t allow union to bypass grievance procedure

July 11th, 2017

By Ronald Miller, J.D.
The Hyatt Regency Chicago was unable to convince the Seventh Circuit that a district court’s decision to confirm two arbitration awards undermined the parties’ agreement to resolve their disputes through arbitration. Hyatt argued that confirmation of the two awards gave the union the means to bypass the grievance procedure by enabling it [Read more...]


ADA, GINA claims fail: No accommodation sought, no link between discharge and family cancer

July 10th, 2017

By Lorene D. Park, J.D.
Affirming summary judgment against a temp agency employee’s ADA failure-to-accommodate claim, the Tenth Circuit explained that regular attendance was essential to her temp assignment as a receptionist and her vague requests for absences for cancer treatment, with no information on expected duration, was unreasonable on its face. Summary judgment was also [Read more...]


No strict liability, but Wash. employees can show prima facie case with missed timely meal break

July 10th, 2017

By Ronald Miller, J.D.
In answer to two certified questions from a federal district court concerning a regulation addressing how meal breaks should be applied, the Washington Supreme court held: (1) that an employer is not automatically liable if a meal break is missed because an employee may waive the meal break; and (2) that an [Read more...]


DOL will defend fiduciary rule, but not ban on class arbitration waivers

July 10th, 2017

By Pamela Wolf, J.D.
The Trump Administration’s Labor Department, headed by Alexander Acosta, is backing off only one part of the controversial “fiduciary rule” under scrutiny in the Fifth Circuit Court of Appeals—a prohibition against contract clauses that would waive an investor’s right to participate in class litigation. Given the change in administration and what increasingly [Read more...]


NLRA didn’t protect sick leave protest posters implying Jimmy John’s sandwiches were contaminated

July 7th, 2017

By Ronald Miller, J.D.
In an en banc decision, the Eighth Circuit declined to enforce the NLRB’s determination that a Jimmy John’s franchisee acted unlawfully by disciplining and firing employees who used posters to attack the employer’s sandwiches and by soliciting removal of the unprotected posters. The appeals court found that the poster, suggesting sandwiches posed [Read more...]