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DOJ will drop Fifth Circuit appeal of Obama-era white-collar overtime rule

September 8th, 2017

By Joy P. Waltemath, J.D.
On September 5, 2017, attorneys for the Justice Department asked the Fifth Circuit to voluntarily dismiss as moot the interlocutory appeal of the preliminary injunction granted in State of Nevada v. U.S. Department of Labor . That injunction had blocked the Department of Labor’s controversial final overtime rule, which would have [Read more...]

10th Circuit revives EEOC claim that nondisparagement clause interfered with statutory rights

September 7th, 2017

By Lorene D. Park, J.D.
Though an employer’s general counsel—in response to the EEOC’s claim that its settlement agreement with a nondisparagement clause interfered with statutory rights—disavowed legal positions that were troubling to the agency, the employer subsequently asserted the theory that an employee breached the agreement by reporting adverse information to the EEOC. In the [Read more...]

OK to fire HR manager who refused to disclose romantic relationship with subordinate

September 7th, 2017

By Marjorie Johnson, J.D.
An employer did not violate Title VII or the FLSA by firing its HR manager for violating company policy when she helped hire a store manager without disclosing their romantic connection and then refused to answer questions about their relationship once employees complained. Affirming dismissal of her gender bias and retaliation claims [Read more...]

Firing employee who refused to sign unlawful confidentiality agreement violates NLRA

September 7th, 2017

By Marjorie Johnson, J.D.
An employer that promulgated an unlawful confidentiality agreement and terminated an employee for refusing to sign it violated the NLRA, irrespective of whether the employee engaged in concerted activity. The Second Circuit found “no reason to judge the effect of an unlawful requirement on an employee’s termination based solely on whether the [Read more...]

Staying grievance when employee filed EEOC charge was adverse action; CBA was facially retaliatory

September 7th, 2017

By Kathleen Kapusta, J.D.
Title VII and the ADEA protect employees from employers and labor organizations that would restrict their ability to file EEOC charges, a divided Sixth Circuit explained in reversing summary judgment against the retaliation claim of an employee whose grievance proceedings were held in abeyance pursuant to a collective bargaining agreement after she [Read more...]