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Archives:
Employment
Law
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2008
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
Musicians
may be paid over 12 months,
need not be paid balance at end of season
Physician
may not be discharged
for refusing to violate ethical duty - November 16-30, 2004
Full
Article
Husband not
guilty of facilitating wife’s theft;
Board fails to implement rudimentary internal controls
Religious
association may fire
mail room supervisor for sexual orientation - November 1-15,
2004
Full
Article
Court dismisses
discrimination, harassment and retaliation claims - October
16-31, 2004
Full Article
Whistleblower
protected under False Claims Act - October 1-15, 2004
Full
Text
Houseparent
may be religious worker - September 16-30, 2004
Full
Text
How broad
is “ministerial exemption” for church employment?
-
August 16-September 15, 2004
Full
Text
Off-duty remarks
not grounds for denying unemployment comp
Small contribution leads to employee dismissal - August 1-15,
2004
Full Text
Shelter director
limited to workers' comp for accident during trip to TV station;
Fransiscan Brother E.D. is not volunteer
Where does telecommuter sue for employment claim? - July 16-31,
2004
Full
Text
Fourth
Circuit refuses to reconsider "landmark" FLSA case
AmeriCorps "volunteer eligible for worker's comp - June
16-31, 2004
Full
Text
Employer may
compel arbitration of claim that employees obtained improper terminations
- June 1-15, 2004
Full Text
Worker
in Salvation Army alcoholism program entitled to recover under Workers’
Comp - May 16-31, 2004
Full
Text
Court dismisses
discrimination complaint of sales rep told to "drink and
flirt" with prospects - May 1-16, 2004
Full
Text
Soccer club
members not liable for defamation in seeking to get park director
fired
Harassment of married couple not based on sex, Court says
Courts dismiss cases by religious employees
April 16-30, 2004
Full Text
Ranting
employee denied unemployment comp - March 16-31, 2004
Full Text
Courts
enforce covenants not to compete - March 1-16, 2004
Full
Text
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
Preview
| Full
Text
- 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
Full Text
- Court upholds
awards for age discrimination / Waitress may pursue claim for
harassment at parties - May/June 2002
Full Text
- Employee
may sue for hostile work environment after reinstatement / Campus
police need not be paid for time spent in EMT training - April
2002
Full Text
- 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
Full Text
- 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
Full Text
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