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California governor signs pay data bill, nixes state emergency call-back after layoff measures

October 7th, 2020

By Pamela Wolf, J.D.
An annual pay data report will be required for private employers with 100 or more employees that are required to file an annual Employer Information Report under federal law.
On September 30, California Governor Gavin Newsome put his signature on a bill that will require private employers with [Read more...]

Employee could not rely on federal whistleblower statute to escape arbitration agreement

October 7th, 2020

By Kathleen Kapusta, J.D.
The party opposing arbitration, and urging a congressional command contrary to the FAA, faces a high bar, said the court, and the employee could not hurdle that bar with the whistleblower statute.
A federal whistleblower statute did not render unenforceable an arbitration agreement between an employee and his [Read more...]

Hospital employee failed to show reaction to flu vaccine was disability at time of accommodation request

October 5th, 2020

By Kathleen Kapusta, J.D.
“Courts have been careful to distinguish impairments which merely affect major life activities from those that substantially limit those activities.”
A hospital senior project manager could not show her reactions to the flu vaccine—shortness of breath and heart palpitations—constituted a disability at the time she requested an accommodation to her [Read more...]

Teacher fired for seeking union involvement in district’s COVID-19 distance learning planning advances retaliation claims

October 5th, 2020

By Robert Margolis, J.D.
The court finds speech on behalf of a union was not preclusive of finding the teacher spoke as a private citizen.
A federal district court in Rhode Island has denied the Tiverton School District’s motion to dismiss claims by a teacher and president of the local teachers’ union alleging she [Read more...]

Persistent rumors of female trooper’s alleged promiscuity, affairs, support revival of hostile environment claim

October 2nd, 2020

By Kathleen Kapusta, J.D.
Disagreeing with the court below, the appeals court observed that a reasonable jury could find the trooper raised triable fact issues as to the severity and pervasiveness of the alleged conduct.
Reversing summary judgment against the Title VII sex-based hostile work environment claim of a female highway patrol [Read more...]