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Labor & Employment Law

TOP STORY—3d Cir.: No showing surplus selections of 60-year-old AT&T employee with epilepsy and cancer were due to age and disability

November 29, 2021 | By Kathleen Kapusta, J.D.

Agreeing with every other circuit to have considered the issue, the court held that “a notice of termination, like the selection for surplus status here, is an adverse employment action even if an employee is given a window of time—small or large—bef...

Labor & Employment Law

TOP STORY—1st Cir.: No injunction pending appeal for Mass General Brigham employees denied COVID vaccine exemption requests

November 19, 2021 | By Kathleen Kapusta, J.D.

The employees acknowledged that Mass General Brigham granted religious or medical exemptions to at least 234 employees. Mass General Brigham employees failed to convince the First Circuit to issue an injunction pending appeal of a district court’s de...

TOP STORY—1st Cir.: No injunction pending appeal for Mass General Brigham employees denied COVID vaccine exemption requests

Labor & Employment Law

TOP STORY—3d Cir.: District court order denying joint arbitration of dispute involving separate companies upheld on appeal

November 18, 2021 | By Ronald Miller, J.D.

The Third Circuit observed that six Courts of Appeal that have addressed the issue have concluded unanimously that joint arbitration is enforceable under the LMRA. While joint arbitration is available under the LMRA as a general matter, either before...

TOP STORY—3d Cir.: District court order denying joint arbitration of dispute involving separate companies upheld on appeal

Labor & Employment Law

TOP STORY—Sixth Circuit designated to rule on consolidated challenges to OSHA’s vaccinate or test mandate

November 17, 2021 | By Pamela Wolf, J.D.

The Sixth Circuit, randomly selected by lottery, will review the petitions filed in federal appeals courts within 10 days of the issuance of OSHA’s ETS. Twenty-seven lawsuits filed in 12 different federal circuit courts of appeals seeking review of O...

TOP STORY—Sixth Circuit designated to rule on consolidated challenges to OSHA’s vaccinate or test mandate

Labor & Employment Law

TOP STORY—Ark. Sup. Ct.: Hospital employee fired after refusing influenza vaccination gets second chance at state-law bias claim

November 16, 2021 | By Kathleen Kapusta, J.D.

The lower court erred in finding that the employee was estopped from alleging the hospital was not a religious organization and thus was not entitled to the ACRA’s religious-organization exemption. Despite characterizing her hospital employer as a re...

TOP STORY—Ark. Sup. Ct.: Hospital employee fired after refusing influenza vaccination gets second chance at state-law bias claim