Recent Posts
Mandatory Bus Rides to Plant Deemed Not Compensable Work Time Under FLSA
An engineering and construction services contractor initially offered its laborers the option of parking at a plant parking lot or participating in a park and ride program which would take the laborers directly to the plant, but then later required all ...
8th Circuit Revives Deaf Lifeguard’s Disability Claim
A deaf individual who could detect noises through the use of a cochlear implant and who used American Sign Language (ASL) to communicate successfully completed two lifeguard training programs through the county. Though he had an ASL interpreter to communicate verbal ...
NLRB Permits Unions to Charge Dues Objectors For Lobbying Expenses, and Seeks Further Briefing on “Germaneness” Standard
A former Union member filed an unfair labor practice charge alleging that the Union, which represents hospital employees, violated the National Labor Relations Act by its treatment of the former Union member and other employees who resigned their Union memberships ...
Employee’s Utter Lack of Evidence Leads to Dismissal of All Claims
MSJs certainly aren't granted as much as they used to be, particularly in the employment context. In this case, however, the employee's failure to produce more than a scintilla of evidence in support of her claims led to a successful ...
Arbitration Agreement Containing Class Waiver Enforceable in FLSA Case
A residential care facility administrator entered into an arbitration agreement at the time she was hired which provided that she would submit any and all claims relating to her employment to arbitration. The agreement also contained a class waiver. Despite ...
NLRB: Unions Can Picket on Private Walkways in California
After a grocery store opened a warehouse grocery store under a different name in Sacramento, California, the store became a target for union picketing. The United Food and Commercial Workers Union Local 8 began picketing the store because the workers were not represented ...
Ohio Court Allows Employee to Pursue Religious Discrimination Claim Based on Veganism
Veganism = religion? Well, it's certainly akin to a religious belief, holds a federal district court in Ohio.
In Chenzira v. Cincinnati Children's Hospital Medical Center (S.D. Ohio, December 27, 2012), the employer moved to dismiss the employee's religious bias claim ...
NLRB Requires Employer to Turn Over Witness Statement
Under Anheuser Busch (237 NLRB 982, (1978)), employers were not required to turn over witness statements to the Union where such statements were obtained during the course of an employer's disciplinary investigation because such statements were confidential. Recently, however, the NLRB ...
Eleventh Circuit Overrules Summary Judgment in ADEA Case Based On Vice-President’s Reputed Statement
The case of Kragor v. Takeda Pharmaceuticals America, Inc., No. 11-16052 (11th Cir. December 20, 2012) reminds employers how easily summary judgment can slip away in a discrimination case based on statements attributed to senior management. The court started its ...
