Labor & Employment Law

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Labor & Employment Law

LABOR—UNFAIR LABOR PRACTICES—7th Cir.: ULP findings enforced against employer that relied on unsigned ‘decertification petition’

The court observed that the “case presents a disappointing and transparent attempt by an employer to avoid its obligations under the National Labor Relations Act.” The National Labor Relations Board did not err in finding that an employer that instal...

LABOR—UNFAIR LABOR PRACTICES—7th Cir.: ULP findings enforced against employer that relied on unsigned ‘decertification petition’
Law Firms Mentioned:Baker & Hostetler LLP | BakerHostetler | Butler Snow LLP | Cleary Gottlieb Steen & Hamilton LLP | Foley & Lardner | Graff & Associates LPA | Gunster, Yoakley & Stewart | Jaime P. Serrat | Ogletree Deakins | Pennington Law Firm | Quintairos, Prieto, Wood & Boyer, P.A. | The Boatman Law Firm | Zashin & Rich Co.
Organizations Mentioned:ADT, LLC | City of Cleveland | Cleveland Police Patrolmen’s Association | Dallas IVF | Dollar Tree | Dollar Tree Stores, Inc. | Family Dollar | Frisco Fertility Center, PLLC | Moorings Park Community Health, Inc. | Mount Carmel Health System | Norfolk Southern Railway Co. | TJONESIVFMD, PLLC
EXPERT INSIGHTS—Being clear on new laws regarding pay transparency
December 5, 2022
Lauren N. Jones

Employers should be prepared to handle recently enacted or soon-effective pay transparency requirements. As of early November 2022, employers in New York City must disclose salary information in their job postings as part of its recent pay transparen...

EXPERT INSIGHTS—Change is coming! Minimum wage and exempt employee thresholds to increase in 2023
December 5, 2022
Brooke C. Bahlinger

Employers should act quickly and consult counsel to ensure compliance with these changes when they become effective. As with every year, automotive industry employers should take note that on January 1, 2023 several state and local minimum wages (as ...

ARBITRATION—Ohio App.: Confirmation of arbitration award to police officer who fatally shot suspect was affirmed on appeal
December 5, 2022
Nicholas Kaster, J.D.

The court emphasized that judicial review of an arbitrator’s decision is narrow and limited and it was without authority to review the merits of the dispute presented to the arbitrator. A state appellate court in Ohio has affirmed a lower court’s con...

CONTRACT CLAIMS—Tex. App.: Former medical center employee’s petition to dismiss injunction proceeding under Texas Citizens Participation Act denied
December 5, 2022
Kevin M. Finson, J.D.

The medical center’s request for injunctive relief did not constitute a legal action within the meaning of the TCPA. Moreover, the injunction was ancillary to an underlying arbitration proceeding. A medical center’s petition for a preliminary injunct...

DISCHARGE—M.D. Fla.: Employee denied medical and religious exemptions from COVID vaccine requirement, then fired, advances claims
December 5, 2022
Brandi O. Brown, J.D.

The employee has a medical condition that causes potentially fatal reactions to vaccinations and had previously obtained medical exemptions from the employer’s flu shot requirement; she also sought exemption based on her Christian beliefs. In a lawsu...

LABOR—UNFAIR LABOR PRACTICES — Other litigation developments
December 5, 2022
WK Editorial Staff

A roundup of recent labor decisions brought before the NLRB of interest to the labor and employment community. ALJ ruling remanded for calculation of backpay award. On remand from Fifth Circuit, the Board remanded that portion of a backpay award to a...

RETALIATION—6th Cir.: Railroad unlawfully suspended employee for 40 days after he raised concerns about potential violation of Hours of Service Act
December 5, 2022
Ronald Miller, J.D.

The employee’s initial refusal to provide a statement was based on his good faith, reasonable belief that doing so would violate the Hours of Service Act’s requirements. A railroad violated the Federal Railway Safety Act (FRSA) by suspending a locomo...

TORT CLAIMS—S.D. Ohio: Claims brought against Ohio hospital by former employees tossed
December 5, 2022
E. Darius Sturmer, J.D.

Nurses and pharmacist alleging that the hospital, its CEO, and its parent entity wrecked their professional reputations and employment prospects through a smear campaign tying them to a doctor accused of killing dozens of patients failed to show that...

WAGE-HOUR—CLASS ACTIONS—Fed. Cl.: Nationwide collective action conditionally certified in case brought by VA assistant canteen chief
December 5, 2022
Todd Harrison, J.D.

Declarations from 13 other assistant canteen chiefs who worked at 22 canteens representing all 15 nationwide regions was a sufficient showing for conditional certification and notice of a nationwide collective action. An assistant canteen chief (ACC)...

EEOC NEWS—EEOC, AFGE settle unfair labor practice charge, agree on return-to-work terms
December 5, 2022
WK Editorial Staff

In May, the EEOC Chair had ordered employees to return to physical offices without first completing a reentry agreement with the union. The American Federation of Government Employees (AFGE) council and the EEOC have reached a settlement that maps ou...

OSHA NEWS—Dollar Tree, Family Dollar cited for repeat violations; $730K in penalties proposed
December 5, 2022
Patricia K. Ruiz, J.D.

OSHA accused the discount retailer of putting employees at risk for the sake of profits. OSHA cited Dollar Tree Stores Inc. and proposed total penalties of $729,306 after federal workplace safety investigations found repeat safety violations in store...

SENATE NEWS—Judiciary Committee leaders press DHS on reforms for handling sexual harassment, misconduct allegations
December 5, 2022
Pamela Wolf, J.D.

According to a survey, more than 10,000 DHS employees said they had experienced sexual harassment or misconduct but 8,148 of the alleged victims did not file reports. Senate Judiciary Committee leaders are pressing the Department of Homeland Security...

Labor & Employment Law

FEDERAL LEGISLATION—President signs measure implementing national railway agreement, ending labor dispute, avoiding strike

“I will sign the bill into law as soon as Congress sends it to my desk.” On December 1, the Senate overwhelming voted to approve H.J.Res.100 , taking action to avert the impending national railway strike expected to begin December 9 by implementing t...

FEDERAL LEGISLATION—President signs measure implementing national railway agreement, ending labor dispute, avoiding strike
Law Firms Mentioned:Altshuler Berzon | Cohen Weiss and Simon | Console Mattiaci Law | Fisher Phillips | Ice Miller | Jackson Lewis | Lathrop GPM | Law Office of Joseph W. Diemert | Lenzo & Reis | Luther Oneal Sutter, Sutter & Gillham | The Fairness Center | Thompson Hine LLP | Williams Dirks Dameron
Organizations Mentioned:Alliance RV LLC | Board of Trustees of the University of Arkansas | Bruton Farms Partnership | Bulldog Farms LLC | Carter Plantation Ltd. | City University of New York | City of New York | Clark & Co. | Collar Jobs, LLC | Contra Costa Health Services | Custom Ag Services LLC | Durst Farms | Egremont Baconia Farms | Ennis Business Forms of Kansas, Inc. | Franklin Center OPCO LLC | Harris Russel Farm | Heaven on Earth Network Inc. | Krispy Kreme Doughnut Corp. | Laurel Lakes Rehab and Wellness Center | Murrell Farms | Pension Benefit Guaranty Corporation | Professional Staff Congress/CUNY | Public Consulting Group, Inc. | Puerto Rico Department of Education | Spring Creek Rehab and Nursing Center | Spring Creek SNF LLC | Teamsters Local 966 Pension Plan | Van Buren Farms II | White Farms AJV
EXPERT INSIGHTS—6 wage and hour compliance tips for healthcare employers
December 2, 2022
Kathleen McLeod Caminiti & Lisa Nagele-Piazza

You should understand that the DOL’s investigators have the legal authority to investigate your wage and hour practices. No employer wants to be embroiled in litigation alleging wage and hour violations or find themselves the subject of an investigat...

EXPERT INSIGHTS—When an employee falls while fa-la-la'ing: Company sponsored ‘fun’ can be considered work!
December 2, 2022
Germaine Winnick Willett

Worker's compensation in Ohio may also cover injuries that happen at company-sponsored parties, outings, travel, and sporting events despite the absence of any actual work activity. 'Tis the season for holiday parties and other work group activities ...

COVERAGE, LIABILITY—E.D. Ark.: State university hiring official entitled to qualified immunity on FMLA claim
December 2, 2022
Nicholas Kaster, J.D.

The employee’s claim was “simply too novel to skirt qualified immunity,” the court concluded. A hiring official was entitled to qualified immunity on a claim by a former employee that he refused to hire her because he thought she might take FMLA leav...

DISCRIMINATION—AGE—D. Kan.: Printing company faces trial on ADEA claims of press worker laid off at age 67
December 2, 2022
Kathleen Kapusta, J.D.

Not only was the employee the oldest press worker at the plant when she was laid off, she was the only laid-off press worker whom the company offered to rehire for a different job. An employee, who was the oldest press worker at the commercial printi...

DISCRIMINATION—DISABILITY—D.N.J.: Port Authority officer, not cleared for duty following 52-day absence, fails to advance claim
December 2, 2022
Todd Harrison, J.D.

A note from the officer’s primary physician stating she could return to work was not enough when the officer refused to tell a Port Authority doctor why she had taken an extended leave. Finding that the Port Authority had three objective reasons to d...

DISCRIMINATION—DISABILITY—N.D. Cal.: Public health nurse fired for refusing COVID-19 vaccine can’t advance ADA claims
December 2, 2022
Kathleen Kapusta, J.D.

At a disciplinary hearing before her termination, the employee argued that she should not be fired because she was “being regarded as having an infectious disease without having an individualized assessment.” Dismissing the ADA claims of a public hea...

DISCRIMINATION—RELIGIOUS—D.N.J.: Hindu employee claiming harassment, discriminatory termination by proselytizing supervisor, advances claims
December 2, 2022
Brandi O. Brown, J.D.

According to the employee, following an email from her supervisor that had religious content the court described as “detailed and concerning” and of a severity that could not be understated, the supervisor’s treatment of her changed. A Hindu employee...

LABOR—UNIONS, UNION MEMBERS—S.D.N.Y.: Jewish professors fail in challenge to union’s exclusive representation status
December 2, 2022
Ronald Miller, J.D.

The professors denounced the union’s political advocacy as abhorrent, particularly on issues relating to Israel and Palestine, which expressed anti-Semitic and anti-Zionist views on non-employment matters. A union and the City University of New York ...

REMEDIES, DAMAGES—N.D. Ohio: Preliminary injunction denied in recruiting agency’s trade secrets dispute
December 2, 2022
Kevin M. Finson, J.D.

A preliminary injunction was denied because the plaintiffs were unable to define a protectable trade secret to establish a likelihood of success on its misappropriation claims. One member of a joint venture failed to show a likelihood of success on t...

WORTH NOTING—Cases of note dealing with disability discrimination
December 2, 2022
WK Editorial Staff

A roundup of recent disability discrimination decisions of interest to the labor and employment community. D.D.C.: School coordinator fired for unprofessional conduct. A school coordinator for a family support organization was fired after making unpr...

BENEFITS NEWS—New Jersey pension plan to receive $54.1M in special financial assistance
December 2, 2022
Patricia K. Ruiz, J.D.

Without the SFA, the plan would have become insolvent in 2023. The Pension Benefit Guaranty Corporation (PBGC) approved a Special Financial Assistance (SFA) Program application by Teamsters Local 966 Pension Plan, based in Cresskill, New Jersey. The ...

DOJ NEWS—PR Education Department will promote guardsman, provide back pay to resolve alleged USERRA violations
December 2, 2022
Pamela Wolf, J.D.

The PRDE will also use the guardsman’s retroactive promotion date for all purposes for which seniority is used. The Puerto Rico Department of Education (PRDE) will promote a National Guardsman Sergeant and pay him $2,840 in back wages for his lost sa...

DOL NEWS—Employers pay $3.1M in back wages, damages for FLSA, H-2A violations
December 2, 2022
Jonathan Anderson

The infractions resulted from practices such as incorrectly calculating overtime wages, paying straight time for overtime hours, excluding bonuses from pay rates, and illegally deducting pay. The DOL’s Wage and Hour Division has separately announced ...

Labor & Employment Law

FEDERAL LEGISLATION—Resolution to avert railway strike clears House with tagalong paid sick leave measure

The separate joint resolution that would implement seven days of paid sick leave for the railway workers will face heavy headwinds in the Senate. The House on November 30 passed two joint resolutions aimed at preventing a national railway strike like...

FEDERAL LEGISLATION—Resolution to avert railway strike clears House with tagalong paid sick leave measure
Law Firms Mentioned:Alan Lescht & Associates | Alan Lescht and Associates | Bredhoff & Kaiser | Buchanan Ingersoll & Rooney | Campbell Woods | Duane Morris | Florin Gray Bouzas Owens | Jackson Lewis | Kalijarvi, Chuzi, Newman & Fitch | Kaufman Dolowich & Voluck | Mason | Morgan, Lewis & Bockius | OAPSE Director of Legal Services | Ogletree Deakins | Roark & Korus | Schall & Barasch | Swick & Shapiro | Walter & Haverfield | Zarwin Baum DeVito Kaplan Schaer & Toddy
Organizations Mentioned:/AFSCME Local 4, AFL-CIO. | A. Lamp Concrete Contractors | Altice USA | C.R.H. Roofing LLC | Danmike Corp. | DolGen Midwest LLC | Dollar General | Emunahahavah Corp. | HomeGoods | Marshalls | McDonough Bolyard Peck Inc. | OAPSE] | Shine N Brite | Shine N Brite Car Wash | Shoemaker Construction Co. | Shoemaker Synterra JV | Stryker Corp. | T.J. Maxx | TJX Companies Inc. | Town City Construction | U.S. Department of Health and Human Services | United Automobile, Aerospace & Agricultural Implement Workers of America | University of California | Vanceburg Police Department | Willoughby-Eastlake City School District Ohio Association of Public School Employees [
EXPERT INSIGHTS—If there is a constitutional right to earn a living, what happens to OSHA?
December 1, 2022
John D. Surma & Brandon Strey

If the right to earn a living is an unenumerated constitutional right and that right extends to the operation of a business, where would the government be allowed to regulate that right and where would it not? Like virtually every other governmental ...

EXPERT INSIGHTS—Important takeaways from the December 2022 Visa Bulletin affecting employment-based green card waiting times
December 1, 2022
Yova Borovska

The estimated employment-based annual limit will be 197,000 for Fiscal Year 2023. The U.S. Department of State publishes the monthly Visa Bulletin , which is used to determine when beneficiaries of immigrant petitions can take steps to complete the p...

ARBITRATION—N.J. App.: Female employee must arbitrate sexual harassment claim that arose before EFAA’s enactment
December 1, 2022
Marjorie Johnson, J.D.

The language and the notes of the new federal law—which invalidates pre-dispute arbitration agreements precluding a party from filing a lawsuit involving sexual assault or sexual harassment—made clear it did not apply retroactively. A female sales re...

DISCRIMINATION—AGE—E.D. Ky.: 53-year-old officer told ‘we need younger help’ gets trial on hiring, discharge claims
December 1, 2022
Brandi O. Brown, J.D.

The alleged comment by the mayor did not unambiguously lead to the conclusion the employer fired the officer because of his age, but a jury question nevertheless existed regarding the reason actually provided. A 53-year-old officer applicant, who was...

DISCRIMINATION—D.D.C.: Decisionmaker’s prior offensive remarks bolster Black female employee’s discriminatory termination claims
December 1, 2022
Marjorie Johnson, J.D.

Other evidence of pretext included the deciding official’s threat to “performance [her] out” and the fact that she did not properly process the employee’s reassignment to the position that ultimately led to her termination. A Black female employee wh...

EMPLOYEE LEAVE—M.D. Fla.: Medical company employee fired day after daughter’s birth can’t advance FMLA claims
December 1, 2022
Kathleen Kapusta, J.D.

The employee, who traveled to another state for his child’s birth, unsuccessfully argued the FMLA prohibited his employer from firing him for absences he incurred prior to the birth of his daughter. Rejecting the contention of a medical technology co...

LABOR—ARBITRATION—Ohio App.: Collective bargaining agreement arbitration provision provides exclusive grievance procedure for unions challenging pandemic-related reduction in force
December 1, 2022
Robert Margolis, J.D.

Appellate court reverses and remands trial court’s order enjoining reduction in force, holding that trial court lacked subject matter jurisdiction over the dispute. Where a collective bargaining agreement tracks statutory language, and the statute at...

WAGE-HOUR—Fed. Cir.: Withholding wages from federal employees during government shutdown didn’t violate FLSA
December 1, 2022
Ronald Miller, J.D.

The government does not violate the FLSA when it pays excepted employees for work performed during a government shutdown at the earliest date possible after a lapse in appropriations ends. In three related cases, a divided Federal Circuit, in a 2-1 d...

WHISTLEBLOWERS—3d Cir.: Compliance officer sufficiently pled FCA retaliation under new standard
December 1, 2022
Tulay Turan, J.D.

To plead retaliation, it is no longer solely required that an employer be on notice that a plaintiff is contemplating FCA litigation; in this case, his employer had notice he tried to stop violations. Vacating and remanding a district court’s denial ...

AGENCY NEWS—Car wash cited $900K for California wage and hour violations
December 1, 2022
WK Editorial Staff

“These workers were paid as low as $7 an hour, which is unconscionable.” The California Labor Commissioner’s Office has cited Shine N Brite Car Wash $908,998 for wage theft violations affecting 15 workers. The Los Angeles-based employer was cited for...

LABOR NEWS—UC and unions reach tentative agreement for academic researchers, postdoctoral scholars
December 1, 2022
Pamela Wolf, J.D.

The bargaining now focuses on proposed contracts for student researchers and academic student employees. On November 29, 15 days after University of California (UC) academic workers represented by United Auto Workers (UAW) Local 5810 and Local 2865, ...

OSHA NEWS—$1.4M in penalties proposed for employers, including Dollar General and T.J. Maxx
December 1, 2022
Patricia K. Ruiz, J.D.

Cited employers include Dollar General, which racked up more than $15 million in proposed penalties since 2017. OSHA cited five employers after federal inspectors observed violations of federal workplace safety standards. OSHA proposed total penaltie...

Labor & Employment Law

ARBITRATION—1st Cir.: Postmates couriers didn’t fall within FAA exemption, ordered to individual arbitration

Although the couriers transported goods, they did so as part of separate intrastate transactions that were not themselves within interstate commerce. Couriers for Postmates did not belong to a class of workers exempt from the Federal Arbitration Act ...

ARBITRATION—1st Cir.: Postmates couriers didn’t fall within FAA exemption, ordered to individual arbitration
Law Firms Mentioned:Association of Flight Attendants | Chris Wiest, Attorney At Law | First Liberty Institute | Foley & Lardner | Gibson, Dunn & Crutcher | Keating, Meuthing & Klekamp | Killmer, Lane & Newman, LLP | Law Office of Paula M. Potoczak | Law Office of Ruth Ann Azeredo | Law Offices of Charley M. Stoll | Law Offices of Mallison & Martinez | Law Offices of Timothy W. Romberger | Lichten & Liss-Riordan | McGillivary Steel Elkin | Mullen & Henzell | Seyfarth Shaw | Sherman & Howard L.L.C.
Organizations Mentioned:5 Caring Hearts LLC | Ace Primary Homecare, Inc. | Advantix Logistics Corp. | Alaska Airlines Inc. | Armada Nutrition LLC | Association for the Advancement of Mexican Americans | Association of Flight Attendants-CWA AFL-CIO | Circle K Stores Inc. | Fernandez Care Assistance LLC | Fresh Venture Foods, LLC | Guardian Angels Care Services, Inc. | Lady M Confections Co. Ltd. | Nagase & Co. Ltd. | Postmates, Inc. | Transport Workers Union Local 2017 | Union Tank Car Company | United States Olympic & Paralympic Committee | Urgent Home Care Inc. | West Coast affiliate, Lady M West Third
EXPERT INSIGHTS—‘No-Fault’ attendance policies now unlawful in New York: What should employers do?
November 30, 2022
Scott Allen

This development may come as a surprise to employers in industries where no-fault attendance policies are common, including in union settings. Last week, New York State enacted legislation that bans "no-fault" attendance policies. The new law, which ...

EXPERT INSIGHTS—Why mediation offers advantages over litigation when it comes to employment disputes
November 30, 2022
Mark Chumley

In the past 20 years, mediation has steadily gained popularity in the civil litigation arena, which includes employment litigation. Mediation is a process that falls under the umbrella of so-called "alternative dispute resolution," along with arbitra...

ARBITRATION—Cal. App.: Trial court correctly deemed ‘one-sided’ arbitration agreement unenforceable
November 30, 2022
Marjorie Johnson, J.D.

Amongst other things, the agreement created a “one-sided” shield exclusively for the employer’s benefit by stating it did not “excuse” the employee from utilizing the company’s internal complaint procedures but not describing those procedures. In a d...

CLASS ACTIONS—6th Cir.: Individual and class injunctions against Air Force’s COVID-19 mandate affirmed
November 30, 2022
Todd Harrison, J.D.

The court declined the Air Force’s “inconsistent invitation” asking it to deny that common questions exist for class certification but to accept that common answers exist for purposes of rejecting claims on their merits. In a ruling by the Sixth Circ...

DISCRIMINATION—RACE—4th Cir.: Civilian army employee’s race-based and retaliatory hostile work environment claims revived
November 30, 2022
Kathleen Kapusta, J.D.

The African-American employee of Haitian descent alleged she was subjected to race-based harassment by a coworker and supervisor and to retaliation when she complained. Vacating in large part a district court’s dismissal of the Title VII claims of a ...

LABOR—ARBITRATION—Employee violated safety rules, properly terminated under last chance agreement
November 30, 2022
WK Editorial Staff

The last chance agreement had only been in place 4.5 months prior to the conduct in question, and expressly prohibited any violation of the company’s shop rules, including insubordination, and clearly specified termination as the disciplinary consequ...

LABOR—UNIONS, UNION MEMBERS—Union wins dismissal of flight attendants’ state-law claims of religious discrimination on preemption grounds
November 30, 2022
Marjorie Johnson, J.D.

The flight attendants, who were fired after criticizing their employer’s support for the federal Equality Act, claimed the union didn’t fight hard enough for them because of their Christian faith. Two flight attendants who were fired over their criti...

STATE-LAW CLAIMS—D. Colo.: U.S. Olympic Committee can pursue trade secrets counterclaims in suit brought by former doctor
November 30, 2022
Ursula Furi-Perry, J.D., MBA

Applying Colorado’s anti-SLAPP statute, the court held that Olympic Committee met its burden to establish a reasonable likelihood of prevailing on its counterclaims. Former doctor and leader of the U.S. Olympic & Paralympic Committee’s sports medicin...

WAGE-HOUR—WORKING TIME—Fed. Cir.: Correctional officers not entitled to pay for travel between back-to-back prison and voluntary hospital shifts
November 30, 2022
Brandi O. Brown, J.D.

The federal prison officers unsuccessfully argued that this time was either for a “principal activity,” travel during a “continuous workday,” or other “hours of work,” for which the FLSA requires compensation. The Federal Circuit declined to revive t...

DOL NEWS—WHD recovers $1.8M in back wages, damages for FLSA, FMLA violations
November 30, 2022
Jonathan Anderson

The infractions resulted from practices such as misclassifying workers as independent contractors, paying straight time for all hours, denying FMLA accommodations, retaliation, and failing to pay travel time. The DOL’s Wage and Hour Division has sepa...

EEOC NEWS—Circle K settles pregnancy, disability discrimination charges in $8M agreement
November 30, 2022
Patricia K. Ruiz, J.D.

The agreement stems from multiple charges of pregnancy, disability discrimination spanning 13 years. Circle K Stores Inc. entered into a nationwide pre-litigation agreement with the EEOC to resolve charges of disability, pregnancy, and retaliation di...

FEDERAL REGULATIONS—NLRB extends initial comment deadline to February 2 on blocking charge, voluntary recognition proposal
November 30, 2022
Pamela Wolf, J.D.

The initial deadline for comments was January 3, 2023, with comments in reply to be received by January 17. The National Labor Relations Board has extended the deadline for submitting comments on its proposed rule addressing blocking charges, volunta...

IMMIGRATION NEWS—Confections company resolves work authorization discrimination allegations, pays civil fine
November 30, 2022
Pamela Wolf, J.D.

The employer will also train staff on the INA’s antidiscrimination provision, change its policies, and be subject to DOJ monitoring for two years, among other things. New York-based Lady M Confections Co. Ltd. and its West Coast affiliate, Lady M Wes...

SENATE NEWS—HELP Committee approves EEOC General Counsel, WHD Administrator nominees
November 30, 2022
Pamela Wolf, J.D.

“Today, we voted on highly qualified nominees who are ready to hit the ground running to protect workers’ rights and build a better, fairer economy for everyone.” On November 29, the Senate Committee on Health, Education, Labor, and Pensions (HELP) a...

Labor & Employment Law

LABOR NEWS—President Biden calls on Congress to take action to avert national railway strike

“As a proud pro-labor President, I am reluctant to override the ratification procedures and the views of those who voted against the agreement,” Biden said while still urging Congress to adopt the tentative railway agreement. On November 28, Presiden...

LABOR NEWS—President Biden calls on Congress to take action to avert national railway strike
Law Firms Mentioned:Akin Gump Strauss Hauer & Feld | Fisher Phillips | Gibbons Law Group | Haneline Pryatel Law | Kopka Pinkus Dolin | Levine Eisberner | Morgan Lewis & Bokius | Nixon, Peabody | Office of Douglas W. Drazen | Ogletree Deakins | Rose Kallor | Scanlon & Elliott | Wilson Law
Organizations Mentioned:Aero Precision LLC | Amazon.com Services LLC | American One Source | Grady Memorial Hospital Corporation | Keystone Foods, LLC | Ledyard Board of Education | Monro, Inc. | Novant Health, Inc. | Outwest Express | Packaging Corporation of America Central California Corrugated, LLC | Pneuline Supply | Rocky Knoll Health Care Center | Safety Controls Technology, Inc. | Schwarz Partners LP | Superior Dairy, Inc.
ON THE LABOR FRONT—Will Connecticut law banning workplace captive audience meetings survive legal challenge?
November 29, 2022
Michael J. Soltis

If the Connecticut law survives this challenge, it may be a harbinger of more legislation restricting speech, leading to the further dilution of rights afforded by both the First Amendment and Section 8(c) of the NLRA. A cadre of national and Connect...

EXPERT INSIGHTS—5 ways to embrace neurodiversity in your workplace
November 29, 2022
Sheila M. Willis

Many neurodivergent job seekers say they’ve faced barriers in the hiring process despite offering many positive attributes that can help employers thrive, such as creativity, accuracy, loyalty, and other strengths. The COVID-19 pandemic put a spotlig...

EXPERT INSIGHTS—Effectively managing workforce contraction in turbulent times
November 29, 2022
Brian Glenn Patterson & Robert G. Lian Jr., Desiree Busching, Stacey Eisenstein, Gregory Knopp, Esther Lander, Lauren Helen Leyden, Donna Mezias, Daniel Nash, Nathan Oleson & Richard Rabin

Rising inflation, increased costs of capital and the anticipation of a downturn in the economy have caused companies in many industries to begin to implement workforce reorganizations and reductions. Key Points: In response to rising inflation, climb...

COVERAGE, LIABILITY—D. Conn.: Supervisor’s comment about teacher being ‘branded’ as gigolo could help establish knowledge of harassment
November 29, 2022
Brandi O. Brown, J.D.

The male substitute teacher alleged he was subjected to widespread harassment that included coworkers and supervisors referring to him as a “gigolo,” a “slut,” and a “whore,” as well as statements that he “likes an old lady.” A federal court in Conne...

DISCRIMINATION—RELIGIOUS—E.D. Wis.: LPN fired for refusing nursing home’s COVID testing requirement can’t advance accommodation claim
November 29, 2022
Kathleen Kapusta, J.D.

She had requested that she not be tested based on religious as well as philosophical understandings. Although an LPN who was fired after refusing to be regularly tested for COVID-19 pursuant to her employer’s policy established fact issues as to whet...

LABOR—ARBITRATION—Ohio Sup. Ct.: Employee can’t be compelled to arbitrate tort claims arising from employment under terms of CBA
November 29, 2022
Ronald Miller, J.D.

The Ohio Supreme Court formally adopted the premise in Wright and held that a waiver of a judicial forum to resolve state-law claims arising outside a collective-bargaining agreement must be clear and unmistakable. An employee, who was injured in a w...

LABOR—UNFAIR LABOR PRACTICES—E.D.N.Y.: COVID-19 safety protests by Amazon worker constituted concerted protected activity
November 29, 2022
Ursula Furi-Perry, J.D., MBA

Protest regarding the company’s health and safety measures and demands for protective equipment constituted protected activity; cease-and-desist order against Amazon was warranted, but reinstatement of the employee was not. An Amazon employee who org...

RETALIATION—N.D.N.Y.: Manager complained of age bias during investigation into his misconduct, jury could find his firing retaliatory
November 29, 2022
Marjorie Johnson, J.D.

A reasonable juror could view his complaints “as an insincere attempt to salvage a job that seemed to be slipping away,” but it could also reasonably infer that his discrimination complaints led to his firing. A 54-year-old district manager who two d...

RETALIATION—W.D.N.C.: Nurse anesthetist fired for tardiness and dishonesty failed to advance FLSA retaliation claim based on PTO policy complaints
November 29, 2022
Tulay Turan, J.D.

The employee was exempt under the FLSA when she made her complaints and, thus, had no substantive rights to assert under the statute. A certified registered nurse anesthetist, who was terminated after complaining about her employer’s pandemic-era PTO...

EEOC NEWS—Employees to receive $634K in discrimination, retaliation settlements
November 29, 2022
Patricia K. Ruiz, J.D.

The EEOC entered into settlements stemming from complaints of sex, race, and disability discrimination and retaliation. The EEOC recently entered into agreements with five employers to resolve lawsuits and complaints of discrimination in violation of...

EEOC NEWS—Evangeline Hawthorne named director of the Miami District Office
November 29, 2022
WK Editorial Staff

Hawthorne began her EEOC career in 1999; since 2016, she has served as director of the EEOC’s Tampa Field Office and was recently named acting director of the Miami District Office. The EEOC has named Evangeline Hawthorne as director of the agency’s ...

IMMIGRATION NEWS—Firearm manufacturer resolves citizenship status discrimination allegations
November 29, 2022
Pamela Wolf, J.D.

From at least April 2020 until September 2020, the company reportedly implemented a hiring policy that screened out eligible candidates who were not U.S. citizens or lawful permanent residents. The Department of Justice announced a settlement agreeme...