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Time Warner sales reps can’t reasonably rely on promise of continued employment and better pay

October 8th, 2019

By Ronald Miller, J.D.
“As a matter of law, a party may not rely on oral representations that conflict with written disclaimers to the contrary which the complaining party earlier specifically acknowledged in writing.”
Former sales representatives for Time Warner could not pursue claims of fraud, negligent misrepresentation, and promissory estoppel based on alleged promises by the [Read more...]

Boeing to face trial over claims it revoked job offer to applicant with back pain

October 8th, 2019

By Wayne D. Garris Jr., J.D.
After the applicant was offered a job as a firefighter, Boeing learned during a pre-employment medical screening that she received regular treatment for back pain, but her physician said she could work without restrictions.
Denying Boeing’s motion for summary judgment, a federal district court in Pennsylvania determined that a jury must [Read more...]

Dollar General employee who quit may pursue claim she was denied accommodation under ADA

October 7th, 2019

By Ronald Miller, J.D.
Once the employee made the request for a leave of absence, the retailer had an obligation to “take some initiative” and identify a reasonable accommodation.
A Dollar General employee who quit her job after the employer refused her request to take time off to deal with her medical problems may pursue a failure [Read more...]

Final DOL rule gives states more flexibility in unemployment applicant drug testing

October 7th, 2019

By Pamela Wolf, J.D.
State unemployment agencies will be permitted to conduct drug testing on applicants for whom suitable work is available only in an occupation that regularly conducts drug testing as determined under DOL regulations.
The Labor Department has issued a final rule permitting states to require unemployment compensation (UC) applicants to take drug tests and [Read more...]

Little Sisters of the Poor seeks high court review of contraception coverage injunction

October 7th, 2019

By Patricia K. Ruiz, J.D.
The religious nonprofit corporation wants review of a Third Circuit decision enjoining the implementation of a final rule exempting employers with religious or moral objections from ACA contraception coverage requirements.
The Little Sisters of the Poor Saints Peter and Paul Home (Little Sisters), a nonprofit corporation operated by an order of Catholic [Read more...]