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McDonald’s franchise to pay $82K penalty, back pay to those unlawfully excluded from employment

August 8th, 2019

By Pamela Wolf, J.D.
The settlement resolves allegations that the franchise violated the INA’s antidiscrimination provision by discriminating against work-authorized non-U.S. citizens at 30 restaurants when verifying their work authorization.
R.E.E. Inc., which owns and operates McDonald’s restaurants in the Texas Rio Grande Valley, has agreed to pay $82,800 in civil penalties to the United States and [Read more...]

Sex bias and retaliation verdict for FedEx employee upheld; punitive damages reduced to $300K

August 7th, 2019

By Kathleen Kapusta, J.D.
She claimed that after she filed an EEOC charge complaining of her manager’s discriminatory remarks, she was watched more closely by management, her daily actions and work routine were scrutinized, and she experienced write-up after write-up after write-up.
Sufficient evidence, said the Sixth Circuit, supported a jury verdict in favor of a discharged [Read more...]

NLRB: GC didn’t prove union activity motivated discharge, even though insubordination was possibly pretext

August 7th, 2019

By Ronald Miller, J.D.
The GC did not prove union animus motivated her discharge, even though the Board found that the employer’s stated reason for her termination—insubordination—was pretextual in that other employees were disciplined more leniently.
An employee who failed to comply with a superior’s directive to deliver microwaves to an assembly line was lawfully discharged, even [Read more...]

Employer’s anti-union letter and PowerPoint presentation not illegal threats

August 6th, 2019

By Wayne Garris Jr., J.D.
The appeals court found the employer initiated a strategy to inform its employees of the potential disadvantages of union representation but was not coercive; the dissent suggested the majority had substituted its judgment for that of the NLRB.
A letter stating contract negotiations would begin “from scratch” and a PowerPoint presentation suggesting [Read more...]

Police officer’s ostracism from bomb squad wasn’t adverse action under USERRA

August 6th, 2019

By Kathleen Kapusta, J.D.
While the treatment he received from fellow officers was unwarranted and inappropriate, it didn’t cost him pay, rank, or job duties.
Although a police officer was embarrassed, humiliated, and frustrated at the treatment he received from fellow officers when he was placed on the bomb squad after complaining to federal agencies that his [Read more...]