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Accessing employee files to help employer defend EEOC charges was not protected activity

September 14th, 2017

A manager who accessed the files of other employees without permission—allegedly in an effort to defend against allegations lodged by two of those employees in EEOC charges—had his Title VII retaliation claims tossed out because he had not engaged in protected activity. Even if he had engaged in a protected activity, his breach of the [Read more...]

Firing employee who failed, adulterated, and dodged drug tests did not violate FMLA

September 13th, 2017

An employee who failed two drug tests, adulterated another, and failed to show for a fourth could not establish that his employer violated his FMLA rights by firing him, a federal district court in Connecticut has held. The court granted the employer’s motion for summary judgment against the employee’s claims that his termination constituted FMLA [Read more...]

House bill would make E-Verify mandatory

September 13th, 2017

By Pamela Wolf, J.D.
On September 8, Representatives Lamar Smith (R-Texas), Bob Goodlatte (R-Va.), and Ken Calvert (R-Calif.) introduced the Legal Workforce Act, which they say is aimed at preserving jobs for citizens and legal workers by requiring U.S. employers to check the work eligibility of all future hires through the E-Verify system.
E-Verify checks the Social [Read more...]

Court certifies class of McDonald’s franchisee employees suing over unpaid orientation

September 13th, 2017

In a wage suit against the owner of three separate franchise entities operating a total of 19 McDonald’s restaurants, a restaurant employee overcame the initial hurdle for conditional certification of an FLSA collective alleging that he and similarly situated employees should have been compensated for the time spent attending a mandatory orientation session [Read more...]

Plaintiff sanctioned for dumping cell phone that was key evidence in suit over sexting

September 13th, 2017

By Lorene D. Park, J.D.
Imposing monetary sanctions against a Title VII plaintiff who sued a university over sexually explicit text messages she exchanged with a department director in the hopes of getting a job, a federal district court in Mississippi pointed to evidence that she engaged in a pattern of deception and purposefully spoliated key [Read more...]