Labor & Employment Law Daily Wrap Up
- DISCRIMINATION—SEX—5th Cir.: Constrained by precedent, panel affirms dismissal in suit over gender-based scheduling policy, urges en banc reconsideration
- EXPERT INSIGHTS—Seventh Circuit Decision Highlights the Importance of Designing a Legally Compliant PTO Policy
- EXPERT INSIGHTS—What Should Employers Consider If Conducting Layoffs?
- DISCRIMINATION—DISABILITY—11th Cir.: Restaurant cashier fired because of tracheostomy tube entitled to punitive damages
- DISCRIMINATION—DISABILITY—D. Colo.: Senior medical director fired for performance issues, not hearing impairment
- DISCRIMINATION—DISABILITY—E.D.N.Y.: Action asserting Title VII, ADA claims, and Section 1983 claims arising from COVID-19 vaccination may not proceed
- EMPLOYEE STATUS—7th Cir.: Economic reality showed that commercial truck ‘owner-operator’ was not independent contractor
- EVIDENCE, DISCOVERY—10th Cir.: District manager, though independent contractor, was insurance company’s agent and his ‘brown man’ statement was admissible
- LABOR—ARBITRATION—W.D. Wash.: Unions entitled to enforce CBAs’ ‘movement provision’ following consolidation of distribution facilities
- RETALIATION—E.D. Mich.: Supervisor who stood up for disabled subordinate failed to present evidence that act led to discharge
- WAGE-HOUR—CLASS ACTIONS—8th Cir.: Commercial drivers may resume suit for unpaid breaks during training program
- WHITE-COLLAR CRIME—D. Me.: U.S. case over wage fixing by Maine health care agencies proceeds
- BENEFITS NEWS—Teamsters Local 272 Welfare Fund agrees to reimburse participants for allegedly unlawful cost sharing
- DOJ NEWS—Construction company and its principal criminally charged following worker’s death in wall collapse
- OFCCP NEWS—Digital mapping company will pay 2.3M to resolve alleged gender-based pay discrimination
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