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Justices contemplate whether to retire—or just narrow—Auer deference

March 29th, 2019

By Pamela Wolf, J.D.
The Court heard oral arguments on the Seminole-Auer agency deference doctrine, with both parties pushing back against the current standard and one arguing for its entire demise.
On March 27, the Justices heard oral argument on the question of whether “Auer” deference should be no more. Specifically, the question the Court will determine [Read more...]


Intern’s claimed job-related benefits were not significant enough to satisfy ‘threshold-remuneration’ test for employee status

March 28th, 2019

By Ronald Miller, J.D.
In an internship setting, job-related benefits such as access to professional certification and/or a path to employment were not significant enough to satisfy the Tenth Circuit’s “threshold-remuneration” test because they were too attenuated and speculative.
Based on the facts alleged in an intern’s discrimination complaint, the Tenth Circuit concluded that the benefits she [Read more...]


Teacher diagnosed with mental illness while termination proceedings underway advances ADA claims

March 28th, 2019

By Kathleen Kapusta, J.D.
The fact that an employer learns of an employee’s disability only after deciding to terminate him, or even after taking concrete steps in the termination process, does not, said the court, absolve the employer of liability for discrimination under the ADA.
A second grade teacher who was terminated after a months-long decline in [Read more...]


Hospital may be liable for sexual harassment, but not sexual assault by physician with staff privileges

March 28th, 2019

By Nicole D. Prysby, J.D.
Even though a physician was not directly employed by the hospital, it could be liable for his sexual harassment of a hospital employee, but not his sexual assault of the employee.
A hospital may have exercised sufficient control over a non-employee physician who held staff privileges at the hospital to be liable [Read more...]


Contractor can’t revive FLSA reprisal claim asserting years-old ‘grudge’ due to past lawsuit as employee

March 27th, 2019

By Marjorie Johnson, J.D.
The technician failed to refute the director’s assertion that he was fired because of low productivity, not because he participated in a class action and threatened litigation after a prior termination, which had resulted in his being cleared to return.
A technician who was released as a CenturyLink contractor in 2015 ostensibly due [Read more...]