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Former CIA agent’s disability bias, retaliation claims dismissed under state secrets doctrine

February 10th, 2017

By Kathleen Kapusta, J.D.
Acknowledging the unfortunate burden its decision in this disability discrimination lawsuit places on a former CIA employee—who “suffered dismissal of his claim ‘not through any fault of his own, but because his personal interest in pursuing his civil claim is subordinated to the collective interest in national security’”—the Fourth Circuit affirmed the [Read more...]

Trump Administration sued over regulatory ‘one-in-two-out’ executive order

February 10th, 2017

By Pamela Wolf, J.D.
The Trump Administration is facing a lawsuit aimed at blocking the president’s controversial executive order requiring that two regulations be repealed for every new regulation issued. Public Citizen, the Natural Resources Defense Council, and the Communications Workers of America filed the lawsuit on February 8 in a federal court in the District [Read more...]

Restaurant’s FLSA violations willful, and jury unreasonable in finding otherwise

February 10th, 2017

By Dave Strausfeld, J.D.
A restaurant operator’s failure to pay proper wages was willful, held the Tenth Circuit, affirming judgment as a matter of law in favor of the U.S. Department of Labor on this question in an enforcement action. Although a jury found that the restaurants’ violations were not willful, this finding was unreasonable. The [Read more...]

Absent allegations of control, McDonald’s not liable for franchisee rejecting older job applicant

February 10th, 2017

By Lorene D. Park, J.D.
Because a plaintiff did not plead that McDonald’s USA was involved in or had authority over her alleged employment relationship with a franchisee that allegedly discriminated against her based on age and race in rejecting her job application, a federal district court in Alabama dismissed the franchisor from her suit. The [Read more...]

NLRB finds Facebook posting critical of union leadership was protected, concerted activity

February 10th, 2017

By Ronald Miller, J.D.
Because a union member engaged in protected, concerted activity by posting criticisms of a union and its business manager on Facebook, the union violated NLRA Section 8(b)(1)(A) by removing him from a hiring hall’s out-of-work list, ruled a three-member panel of the NLRB. Finding that the Facebook posts raised issues concerning the [Read more...]