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Labor & Employment Law Daily Wrap Up
    • TOP STORY—1st Cir.: Wrongly excluded documents support revival of ‘tall black’ sales rep’s race bias claim
    • CONTRACT CLAIMS—D. Or.: Employer obtains TRO preventing employee from working for competitor
    • DISCRIMINATION—AGE—D.N.J.: Jury may decide whether sales exec terminated for failure to meet performance goals or due to age bias?
    • DISCRIMINATION—DISABILITY—3d Cir.: Police applicant advances claim that psychological test was discriminatory
    • DISCRIMINATION—DISABILITY—D. Md.: Architect’s firing not due to disability, but possibly retaliatory
    • EMPLOYEE LEAVE—1st Cir.: Production tech fired week after leave expired can’t revive ADA, FMLA claims
    • LABOR—ARBITRATION—Employee improperly used work computer for private business, but termination was too harsh a penalty
    • PRIVACY—S.D. Ill.: Union employee’s claim that biometric timekeeping violated BIPA preempted by LMRA
    • PROCEDURE—M.D. Pa.: Blackberry fails to prove that former sales employee left for a competitor
    • RETALIATION—W.D. Wash.: Sales manager advances claim he was fired after reporting race bias in capping of Black sales rep’s commission
    • DOJ NEWS—Tallahatchie County to provide back pay to Black deputy sheriffs to remedy unequal pay rates
    • FEDERAL REGULATIONS—Effective date of DOL’s final independent contractor rule is delayed to May 7, 2021
    • LITIGATION NEWS, TRENDS—County manager in New Mexico sued over mandated COVID-19 vaccinations for first responders
    • OFCCP NEWS—Agency removes focused reviews, compliance checks from Supply and Service Scheduling List
    • OSHA NEWS—Company ordered to reinstate whistleblowers who refused to drive unsafe vehicles, and pay back wages, punitive damages
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