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DOL opinion letters address varying average hourly rates, ministerial exception

December 27th, 2018

By Pamela Wolf, J.D.
The Labor Department’s Wage and Hour Division (WHD) has released two new opinion letters—a move its says “demonstrates the agency’s continued commitment to providing meaningful compliance assistance to help employees understand their rights and ensure that employers have the information they need to comply with federal labor laws.”
Employees with varying average hourly [Read more...]

Decertification petition reinstated by NLRB despite evidence of employer unfair labor practices

December 26th, 2018

By Ronald Miller, J.D.
An NLRB regional director erred in dismissing a petition for a decertification election on the basis of unfair labor practice charges that were settled after administrative law judges had found them meritorious but before they had been resolved by the Board, ruled a divided four-member panel of the NLRB. The Board concluded [Read more...]

Individual executives were not signatories to arbitration agreement, but they can compel arbitration

December 26th, 2018

By Nicole D. Prysby, J.D.
An executive must arbitrate her disability discrimination claims against individual executives of the partnership she worked for, even though they were not signatories to her arbitration agreement, held a federal district court in New York. She alleged that the conduct of the individual defendants was part of a strategy developed by [Read more...]

195 days of unplanned absences disqualified employee from ADA protection

December 21st, 2018

By Lorene D. Park, J.D.
Affirming summary judgment against ADA discrimination and failure-to-accommodate claims of an employee who suffered from a lung disease, the Eighth Circuit found that she could not make a prima facie showing that she was a qualified individual because attendance was essential to her job and she had accumulated 195 days of [Read more...]

EEOC ADA claims on behalf of disabled Wal-Mart cart pusher head to trial

December 21st, 2018

By Brandi O. Brown, J.D.
In the EEOC’s suit alleging that Wal-Mart refused to accommodate a deaf, visually impaired, and intellectually disabled cart pusher by allowing him to work with a job aide as he had done for many years, a federal district court denied Wal-Mart’s motion for summary judgment against ADA failure-to-accommodate and constructive discharge [Read more...]