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Staffing agency lacked standing to sue client company for discrimination

September 11th, 2017

By Kathleen Kennedy-Luczak, J.D.
A staffing agency that was engaged in contract negotiations to provide food service workers to a hospital lacked standing to bring employment discrimination and retaliation claims against the hospital, a federal district court in Texas held. In dismissing the staffing agency’s claims, the court concluded that, as an independent contractor, the agency [Read more...]

Group deposition prep did not waive attorney-client privilege

September 11th, 2017

By Linda Panszczyk, J.D.
Boeing Co. did not waive attorney-client privilege by holding group deposition preparation meetings between company counsel and current employees and a former employee, a federal district court in Washington has ruled, denying an employee’s motion to compel discovery (Pallies v. The Boeing Co., September 6, 2017).
The plaintiff, who had worked as a [Read more...]

Did supervisor call police on subordinate because he feared for his safety—or because she complained of harassment?

September 11th, 2017

By Marjorie Johnson, J.D.
A jury will decide if a male supervisor known for being aggressive toward women filed a police report against a female subordinate in retaliation for her harassment complaints and threats to get him fired, or if he and two other managers sincerely feared for the physical safety of themselves and the staff [Read more...]

DOL ‘80/20′ interpretation of dual jobs reg invalid for tipped employees doing sidework

September 8th, 2017

By Ronald Miller, J.D.
The Department of Labor’s interpretation, in its Field Operations Handbook (FOH), of 29 C.F.R. § 531.56(e), addressing application of the FLSA’s tip credit provision to the situation in which an employee works for an employer in two different jobs, did not merit controlling deference, ruled the Ninth Circuit. The appeals court found [Read more...]

Ability to assign hours enough for ‘supervisor’ status under Vance

September 8th, 2017

By Lorene D. Park, J.D.
Vacating summary judgment, the Third Circuit found triable issues on whether a custodial foreman was a “supervisor” such that the Atlantic City Board of Education could be liable under Title VII and state law for his alleged sexual harassment of a substitute custodian. The appeals court noted that he was empowered [Read more...]