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Papa John’s entitled to stay of delivery drivers’ minimum wage putative class claims under first-to-file rule

November 22nd, 2019

By Kathleen Kapusta, J.D.
The court rejected the plaintiffs’ claims that when applying the rule, the first court is not the court in which the claims were first filed but rather the court in which jurisdiction first attaches to the claims.
Granting Papa John’s motion to stay under the first-to-file rule of a class action alleging it [Read more...]


Abnormal cell growth in benign tumor causing ocular symptoms was a disability

November 22nd, 2019

By Jeffrey H. Brochin, J.D.
There was also evidence suggesting that the employee’s supervisor—and decisionmakers in his termination—knew of his tumor, knew he would start treatment soon, and terminated him as a result.
Denying summary judgment to a technology company on a former IT administrator’s ADA claims based on the company’s argument that the employee was not [Read more...]


MetLife exec, fired during RIF at age 64, again advances age bias claim

November 21st, 2019

By Kathleen Kapusta, J.D.
The repeated mention of the employee’s retirement timeline made in the context of discussions of whether to terminate him created a fact issue as to whether the company was engaged in succession planning, as it claimed, or unlawful discrimination.
In its renewed motion for summary judgment on the ADEA claim of a VP [Read more...]


$231K jury verdict upheld in favor of employee who was fired for grand jury service

November 21st, 2019

By Marjorie Johnson, J.D.
The employee claimed an HR rep told her she needed to choose between her job and jury duty and that while serving on the grand jury, her supervisor documented alleged performance deficiencies that purportedly led to her discharge.
A federal court in Missouri declined to disturb a $231,500 jury verdict in favor of [Read more...]


NLRB recusal program `fully compliant’ with ethics requirements, Ring says

November 21st, 2019

By WK Editorial Staff
A comprehensive review showed the agency’s ethics program complies with all applicable ethics requirements, but the report did call for gaps in the Board’s recusal protocol to be filled, among other recommendations.
The NLRB released the result of its 18-month review of its own ethics recusal program, the Board announced on Tuesday, November [Read more...]