Archives: Employment Law

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2013

February16-March 15
Cook for religious day school not covered by unemployment comp
Court allows suit for retaliation, claims against individuals
Full Article

January 16-February 15
YWCA may terminate at-will executive director
Full Article

2012

December 15-January 15, 2013
Weekend shelter worker not covered by FLSA
Does “borrowed servant” doctrine protect staffing agency?
Full Article

November 16-December 15
Young artists group need not advance 60-year old
Only African-American loses discrimination suit
Full Article

October 16-November 15
Statement that “same thing happened to mom” enough to avoid summary judgment in age case
Coordinator’s termination not retaliatory
Full Article

September 16-October 15
25% pay cut may justify quit for unemployment comp
Full Article

August 16-September 15
Quality controller fired for hostility
Full Article

July 16-August 15
Court won’t dismiss whistleblower claim based on handbook
Full Article

July 1-15
CFO denied whistleblower protection for fraud claims
Refusal to sign disciplinary memo is misconduct
Full Article

June 1-30
Nonprofit can’t fire organ donor
Court reinstates union-organizing employee
Full Article

May 1-31
Union did not violate duty of fair representation
Full Article

April 1-30
What’s the difference between void ab initio and voidable?
Failure to apply for job is fatal to discrimination complaint
Court allows former employee to pursue retaliation claim
Full Article

March 1-31
Whistleblower policy does not protect employee
Employee at religious group’s resale store eligible for unemployment
Full Article

February 1-29
Hospital thrift shop manager may sue for retaliation
Full Article

January 1-31
Whistleblower rule doesn’t protect on complaint to wrongdoer
How many cases are necessary to determine who is “employer”?
Full Article

2011
December 1-31
Lifetime employment contract is against public policy
Full Article

November 1-30
Catholic home not prevented from claiming exemption
Teacher may sue parochial school for religious discrimination
Full Article

October 1-31
Are volunteer firefighters employees for Title VII?
Full Article

September 16-30
Statements questioning medical leave are basis for suit
Full Article

September 1-15
Statutory allegations state claim under FLSA
Full Article

August 16-31
Founder’s status does not prevent suit for failure to stop harassment
Agency employees "engaged in commerce" covered by FLSA
Full Article

July 16-August 15
Solicitor may sue for retaliatory discharge
Exec may sue for fraudulent inducement of job contract
Full Article

June 16-July 15
Employee, fired after filing recall petition, may sue employer, city and office holder
Full Article

May 16-June 15
Unemployment comp not denied for taking soda
Accountant denied equal pay, retaliation claims
Whistleblower may bring retaliation case
Full Article

April 16-May 15
Not “hostile” to require parking before clocking in
Baby’s exposure to HIV is not a disability
Full Article

March 16-April 15
Pension claimants may seek to pierce corporate veil
Allegations of bad things not sufficient to show discrimination
Full Article

February 16-March 15
School ordered to bargain effects of restructuring
Agency liable for willful violation of Equal Pay Act
Full Article

January 16-February 15
Finance officer may proceed on FCA retaliation claim
Association exec denied whistleblower protection
Full Article

January 1-15
Court allows wrongful discharge claim in FMLA case
Full Article

2010
December 1-31
"White boy” social worker loses bias claims
Scientist doesn’t get injunction to stop office move
Full Article

November 1-30
Contractor’s employee can’t sue client
Investigation by private detective is grounds for constructive termination
Full Article

October 16-31
World Vision may fire staff for religious reasons
Full Article

September 16-October 15
Elder may sue pastor for distress, church for negligent supervision
Common Employee Manual may link employers for Title VII jurisdiction
Full Article

August 16-September 15
Elder may sue pastor for distress, church for negligent supervision
Common Employee Manual may link employers for Title VII jurisdiction
Full Article

July 16-August 15
Employee loses FMLA claim when he didn’t ask for leave
Employee loses FMLA claim when restructured out of a job
Disciplinary warning is not basis for ADEA claim
Full Article

June 16-July 15
Court permits whistleblower, FLSA claims to proceed
Court refuses to dismiss pattern and practice claim
Full Article

May 16-June 15
Museum employees not protected as whistleblowers
Inadequate disclosure voids waiver of judicial remedies
Hospital parent may be single employer with hospital
Full Article

April 16-May 15
Worker fired for unauthorized vacation loses bias claim
Employee may pursue ADEA claim after termination after merger
Full Article

April 1-15
“Reed thin” evidence permits bias case to continue
Full Article

March 1-31
Court dismisses False Claims Act retaliation case
ADEA claim reinstated by 11th Circuit
Church custodian not covered by FLSA
Full Article

February 16-28
Sleep apnea not a disability for ADA
University may be liable under “cat’s paw theory”
Full Article

January 16-February 15
Church Amendment did not create private right of action
Full Article

January 1-15
Discrimination standard stricter under Rehab Act
FMLA permits waiver of right to court hearing
Full Article

2009

December 1-30
Complaint of harassment and retaliation still fails
Full Article

November 1-30
Retaliation claim against director survives motion to dismiss
Title IX claim against National Geographic Society fails
ADEA claim denied for failing to follow internal procedures
Full Article

October 16-31
Imputed knowledge does not make prima facie case
Court won’t question business judgment on bias claim
Full Article

October 1-15
Employees may sue group home under FLSA
May physician with ADHD sue for retaliatory discharge?
Full Article

September 16-30
FLSA retaliation claim dismissed
“Retired” employee loses age bias suit
Full Article

September 1-15
Exec, fired for row over pay approved by Board, has no discrimination claim
CEO may sue for retaliation by Board chair
Meeting with pastor not protected in religious bias case
Full Article

August 16-31
Court need not deem reason for termination “serious”
Full Article

August 1-15
Pay inquiry not basis for FLSA retaliation claim
Is use of volunteer assistants reasonable accommodation under ADA?
Full Article

July 16-31
Breakfast Mission not exempt from unemployment comp
Full Article

July 1-15
Nonprofit restaurant workers not under FLSA
Full Article

June 16-30
Employee wins appeal, may lose case
Court dismisses harassment, retaliation claims
Full Article

March 1-31
Whistleblower may proceed with case
Whistleblower may sue for discrimination
Full Article

February 1-28
Two women denied promotion lose bias claims on terminationWoman wins harassment claim despite failure to report problemsStriking nurses able to collect unemployment comp during strike
Full Article

January 16-31, 2009
“Donor’s Bill of Rights” not key public policy
Full Article

2008

December 16-January 15, 2009
Volunteer” not eligible for workers’ comp
Therapist not protected as whistleblower
Court has jurisdiction in religious discrimination case
Full Article

November 16-December 15
Retaliation for complaining of conflict
is not cause of action under ADA
DOL gives guidance on scope of FLSA
Full Article

October 16-November 15
Court dismisses ADEA and ADA discrimination claims
Nonprofit radio exec may sue for defamation
Full Article

September 16-October 15
Court rejects “collective action” under FLSA
State employee fired for nonprofit work
At-will church pilot loses retaliation claim
Full Article

August 16-September 15
Court rejects “joint employer” claim under FMLA
Nonprofit’s confidentiality policy violates NLRA
Full Article

July 16-August 15
When is “volunteer” entitled to pay under FLSA?
Dismissal for apparent conflict is improper
Full Article

June 16-July 15
Prima facie standard different in work force reduction
Full Article

May 16-June 15
Humanitarian nonprofit qualifies for ministerial exception
Full Article

May 1-15
Finger-biting security officer may be dismissed
Court may hear retaliation claim by physician against hospital
Full Article

April 16-30
Intervening event breaks causation on retaliation
Disability plan is not a “church plan” exempt from ERISA
Full Article

April 1-15
Action based on association with a person of another race may be discriminatory
Board members covered by arbitration provision
Discrimination complaint not constitutionally protected
Full Article

March 16-31
Court won’t review non-renewal of Seminary professor
Unaware of disability, school not liable under ADA
Full Article

March 1-15
Hospital loses NLRB case for “beach balm” solicitation
Salvation Army ministers not protected by FLSA
Self-insured hospital may not fire employee for healthcare claims
Full Article

February 1-29
Title VII does not prohibit discrimination for “familial status”
Bus diver’s black-outs don’t support ADA claim
Full Article

January 1-31
Volunteer directors not employees under ADEA, ADA
Nonprofit broadcaster not excluded from FLSA
Full Article

2007
December 1-31
Court refuses defamation claim in Catholic school’s
request for “understanding” in teacher firing
Court protects whistleblower who warned of killer dog
Full Article

November 1-30
Ski pass constitutes “wages” for unemployment comp
NY court can’t hear harassment case against Grenadian university
Full Article

October 1-31
Pastor personally liable for wages
Religious objector can’t get double relief from union dues
Help for homeless is not wages to offset workers’ comp liability
Full Article

September 1-30
Wal-Mart not liable for termination of gay employee
Jewish Center is “religious organization”
Full Article

August 1-31
Employee not protected for exercising free speech
Who can be defendant in discrimination case?
Full Article

July 1-31
May striking workers collect unemployment comp?
Full Article

June 1-30
Agency not liable for harassment, retaliation
Paramedic loses discrimination suit, not retaliation claim
Schizophrenic does not prove disability discrimination
Full Article

May 16-31
State law compliance does not preclude NLRB action
Employee with HIV fired for failure to report
Full Article

May 1-15
Club not bound by house rules in employment
Worker physically unable to do job is not “qualified” for ADA protection
Full Article

April 16-30
Employee may pursue FMLA and retaliation claims
Full Article

April 1-15
Family service employees not covered by FLSA
Full Article

March 16-31
Red Cross CEO fired, denied funds for counsel in investigations
Full Article

March 1-15
Michael Jordan: employee or contractor?
Title VII does not cover claims on sexual orientation
Whistleblower reinstated and awarded attorneys’ fees
Fired founder may collect unemployment comp
Full Article

February 16-28
When is an independent contractor an employee?
Full Article

February 1-15
Foundation and hospital not “joint employer” / It doesn’t pay to misspell client’s name
Full Article

January 1-31
ADA claim stayed for arbitration / Is overly high expectation a form of discrimination? / Nonprofit may fire employee for baseless report to FBI / Same-sex harassment suit dismissed, retaliation claim remanded
Full Article

2006

December 1-31
Calling director “la bete noire” is not discrimination
Full Article

November 16-30
Workers’ comp exclusive remedy within health system
Full Article

November 1-15
Supervisor’s making life miserable may be constructive discharge
Full Article

October 16-31
Catholic Hospital may discriminate against Wiccan, but should it? / Nurse, allergic to latex gloves, can’t sue employer for battery
Full Article

October 1-15
Court enjoins outsourcing before union arbitration / What education is “relevant” for developmental disability worker?
Full Article

September 16-30
Did agency discriminate in creating new post to accommodate sub for returning veteran? / Threat of boycott is not interference with job
Full Article

September 1-15
CEO wins disability claim after knee replacement / E.D. may pursue privacy, tortious interference claims against directors
Full Article

August 1-31
National’s jobs not counted for Tit. VII claim against local affiliate
Full Article

July 16-31
Nonprofit exec not totally unemployed if volunteering for organization / Court dismisses retaliation claim under ERISA
Full Article

July 1-15
Nonprofit employee may be fired for vote as member of organization
Religious school exempt from unemployment comp
Full Article

June 16-30
Whistleblower has no case for negligent supervision
Full Article

June 1-15
Employee may sue for retaliation, not discrimination
Whistleblower unprotected when terminated
Full Article

May 16-31
Employer can’t reduce wage after termination
FLSA Waiver for Dept. of Labor does not help employee
Full Article

May 1-15
Texas Supreme Court refuses
to create new whistleblower protection
Full Article

April 16-30
Denial of pay raise not sufficient reason to quit
Rehab patient must repay unemployment compensation
Full Article

April 1-15
Court dismisses FMLA claim despite wrong advice
Full Article

March 16-31
Concern that employee might “speak God” to clients may show discrimination in failure to hire / When do prevailing wage requirements apply to nonprofit projects?
Full Article

March 1-15
Divided Court permits employee to sue for retaliation
Full Article

February 16-28
Hospital must discharge nurses who don’t pay union dues / Court enjoins hospital from enforcing policy against economic interest in competitors
Full Article

February 1-15
Is bank liable for manager’s fatal accident
while delivering material for charity?
Full Article

January 16-31
Complaints about unsanitary food trigger whistleblower protection / Court dismisses late objection to arbitration award
Full Article

2005
December 16, 2005 - January 15, 2006
Three-week delay of investigation is not excessive
Full Article

December 1-15
Legion Post ordered to pay for harassment by bar patrons
Full Article

November 16-30
Anxious employee not entitled to FMLA protection
Lifting requirement for camp counselors not discriminatory
Full Article

November 1-15
County may impose minimum wage requirements
Full Article

October 16-31
Employee may sue for retaliation for taking FLMA leave
Full Article

October 1-15
Whistleblower not protected by Nebraska law
Full Article

September 16-30
Improper transfer of funds justifies dismissal
Full Article

August 16-September 15
Court invalidates covenant not to compete signed by home health agency field workers
Full Article

August 1-15
Tennessee voids physician covenant not to compete
Full Article

July 16-31
Executive director personally liable for FLSA violations / "Touchy feely” agency may be sued under Title VII / Public policy exception to termination of at will employee does not protect objector to false information for donors
Full Article

July 1-15
Court enjoins former employee from filing claims
Full Article

June 16-30
Whistleblower law does not displace common law
Full Article

June 1-15
Part time pastor denied total disability / Postal worker fired for donating trash to charity
Full Article

May 16-31
Unincorporated chapter of national organization is not subject to local state corporation law
Full Article

May 1-15
Employer may fire employee who fails stringent drug test
Full Article

April 16-30
Court affirms validity of non–compete clauses but denies enforcement of “unreasonable” limit
Full Article

April 1-15
Aide may sue United Way for pregnancy discrimination and violation of Fair Credit Reporting Act in termination
Full Article

March 16-31
Funding source not critical in finding organization “religious” / Court partially rejects physician non-compete clause
Full Article

March 1-15
Agency owes unemployment comp fees for art teachers
Full Article

February 16-28
Employee harassed by Board Co-Chair did not show hostile work environment
Trooper injured in charity softball game is eligible for workers’ compensation
Full Article

February 1-15
Employee may sue for wrongful termination if fired for defending minorities, refusing to inflate costs
Full Article

January 16-31
Age difference of less than 5 years does not create inference of bias in hiring
Full Article

2004
Employee may sue for retaliatory discharge
for complaining of Director’s “theft” of mailing list - December 16-January 15, 2005
Full Article

Court affirms dismissal of employee-at-will
despite claim of public policy exception - December 1-15, 2004
Full Article

2003

• Court refuses summary judgment against claimant in age bias case / Court dismisses discrimination case, but not retaliation claim - Oct 2003
  Preview | Full Text
• Community clean-up project is not part of employment /
  Agency not liable for retaliation when complainant not employed /
  Qualified privilege to notify hospital that doctor is "militant" - Sept 2003
  Preview | Full Text
• Whistleblower may proceed with claim of retaliatory discharge / No whistleblower protection for claim that public funds mismanaged - Aug 2003
  Preview | Full Text
• Small agency "engaged in commerce" for Title VII discrimination claim /   Fired employee eligible for unemployment comp - July 2003
  Preview | Full Text
• Aide may be fired for statement she intended to consult lawyer / Asking if disabled worker is OK does not constitute discrimination / Employee fails to show retaliation in dismissal after policy dispute - June 2003
  Preview | Full Text
• Contract musicians are not employees subject to Title VII or ADA / Employee entitled to workers' comp despite marijuana use on job - March 2003
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• Employer may not retaliate against group home worker who files good faith report of abuse  / Calling employee a "typical man" is not evidence of gender bias - Jan 2003
  Preview | Full Text

2002

• Talk of 'scrumptious and delicious' job applicants could be evidence of gender discrimination / 'Volunteer' construction worker not eligible for workers' comp / Employee leaving job at the end of funding is not entitled to unemployment comp - Dec 2002
  Full Text
• Manager who quit to avoid damage to reputation denied unemployment comp / Employer not required to permit union to solicit because it allows charities / Foundation did not violate FMLA when it fired employee on leave to adopt a child - Oct 2002
  Full Text
• Cancer Center may fire "whistleblowing" employee / Court approves single facility bargaining unit / INS was arbitrary in saying music director is not religious worker - Sept 2002
  Full Text
• "Auxiliary Choristers" of opera company are employees within bargaining unit / Inexperience is no excuse for violating labor laws / Heterosexual fails to show evidence of discrimination by supervisor - July/ Aug 2002
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• Court upholds awards for age discrimination / Waitress may pursue claim for harassment at parties - May/June 2002
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• Employee may sue for hostile work environment after reinstatement / Campus police need not be paid for time spent in EMT training - April 2002
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• Nurses union did not waive right to go on sympathy strike / Group home manager not paid for sleep time / Mother, daughter may pursue claims for retaliation under ADA - March 2002
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• School survives most claims for racial discrimination - Feb 2002
  Full Text
• Shifting shifts in mini-RIF is not adverse employment action / Failure to post job opening supports prima facie case of bias / Paraplegic coach entitled to fees after settlement of ADA suit - Jan 2002
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