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Fired for eating a cookie after 33 years on job; did employer breach CBA?

June 9th, 2017

By Lisa Milam-Perez, J.D.
A supermarket employee who ostensibly was fired for eating a cookie from the store’s inventory may proceed with her hybrid LMRA, Section 301 claim against her employer, a federal district court in New Jersey held. The employee contended that she was actually discharged for complaining of harassment by a coworker, after which [Read more...]


NLRB witness statement turnover requirement enforced with no comment on Board’s new standard

June 8th, 2017

By Lisa Milam-Perez, J.D.
The D.C. Circuit has affirmed a controversial 3-2 NLRB decision finding that an employer violated the NLRA when it refused to provide a union with a witness statement from a charge nurse who had seen a nurse’s aide sleeping on duty. Leaving aside the larger issue, however, the appeals court did not [Read more...]


Workers’ comp law prevents mesothelioma plaintiffs’ ‘nuisance’ claims against former employer

June 8th, 2017

By Marjorie Johnson, J.D.
Employees who developed mesothelioma after being exposed to asbestos over 30 years ago while working at a plant that produced fire doors failed to revive claims against their former employer for “public and private” nuisance. In this consolidated appeal, the Seventh Circuit rejected their bid to escape the exclusive remedy provision of [Read more...]


Nevada law protects wage disclosures, lays out noncompete agreement requirements

June 8th, 2017

By Pamela Wolf, J.D.
On June 3, Nevada Governor Brian Sandoval signed a bill that prohibits employers, employment agencies, and labor organizations with 15 or more employees from discriminating against a person with respect to employment or membership because the person inquired about, discussed, or voluntarily disclosed information about wages. Assembly Bill 276 also permits noncompetition [Read more...]


DOL’s Acosta withdraws informal guidance on independent contractors and joint employers

June 7th, 2017

By Pamela Wolf, J.D.
On June 7, in a move not entirely unexpected, new Labor Secretary Andrew Acosta announced that the DOL’s 2015 and 2016 informal guidance on joint employment and independent contractors has been withdrawn. The removal of the administrator interpretations (which were not specifically named by formal title but easily identifiable to DOL watchers) [Read more...]