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LawMemo - First in Employment Law

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On the Alert - Archives
11/01/2022 - Time spent booting up computers is compensable under the FLSA

10/25/2022 - Individual managing employees are not personally liable for unpaid wages
10/18/2022 - California's ABC test does not violate the First Amendment
10/11/2022 - "Cat's paw" liability cannot be based on merely "affecting" an ultimate decision
10/04/2022 - Settlement negotiations are admissible to show breakdown of interactive process

09/27/2022 - Time off to attend religious festival might not cause "undue hardship"
09/20/2022 - Owner and manager can be liable for aiding and abetting wage violations
09/14/2022 - Employee had no right to have private attorney representation at arbitration
09/06/2022 - "Local delivery drivers" are not exempt from the Federal Arbitration Act

08/30/2022 - Federal contractor vaccine mandate: Court reduces scope of nationwide injunction
08/23/2022 - Denying light duty to pregnant workers did not violate Title VII
08/16/2022 - NLRB can require employer to reimburse union's attorney fees
08/09/2022 - Freight driver probably an employee, not an independent contractor
08/02/2022 - "Cat's paw" theory allows discrimination plaintiffs to get to a jury

07/26/2022 - No intolerable working conditions? No constructive discharge.
07/19/2022 - App-based drivers: Jury will decide whether employees or contractors
07/12/2022 - Banning "Black Lives Matter" masks violated the 1st amendment
07/05/2022 - SCOTUS: States have no sovereign immunity in USERRA suits (5-4)

06/28/2022 - 1st amendment bars termination of coach for post-game prayers
06/21/2022 - FAA requires PAGA plaintiff to arbitrate her individual claim
06/14/2022 - Defamation: belief that fired employees "were jerks" won't prove actual malice
06/07/2022 - Unanimous SCOTUS: Airline ramp supervisor is exempt from the FAA

05/31/2022 - SCOTUS: Waiver of right to arbitrate does not require proof of prejudice
05/24/2022 - "First one of you tries to unionize … I’ll send you back to the salt mine."
05/17/2022 - Severely disabled janitors are employees
05/10/2022 - ADA impairment need not be permanent or have long-term effects
05/03/2022 - Arbitration agreement in employee handbook is unenforceable

04/26/2022 - NLRB-McDonald's settlement ducks joint employer issue
04/19/2022 - State Wage Act remedies are not available for FLSA violations
04/12/2022 - ENDED: Nationwide injunction of federal employee vaccine mandate
04/05/2022 - SCOTUS: Federal court cannot "look through" arbitration award for jurisdiction to vacate or confirm

03/29/2022 - Single racial epithet can establish a hostile work environment claim
03/23/2022 - FLSA: Mandatory "service charge" is not a "tip," so can offset wages
03/15/2022 - Forum-selection and choice-of-law clauses declared void
03/08/2022 - "Convincing mosaic" of discrimination overcomes summary judgment
03/01/2022 - No more "blue pencil rule" to reform unreasonable noncompete agreement

02/22/2022 - Arbitration agreement unconscionable. Offending provisions not severable.
02/15/2022 - PAGA settlement before class certification carries a heightened standard of review
02/08/2022 - Biometric privacy claims are not barred by workers' compensation act
02/01/2022 - California whistleblower claims are not subject to McDonnell Douglas

01/25/2022 - SCOTUS sides with ERISA participants claiming fiduciary duty breach
01/18/2022 - Therapeutic cannabis might be a reasonable accommodation for PTSD
01/11/2022 - Court denies stay of injunction of federal contractor vaccination mandate (2-1)
01/04/2022 - Unions' actions did not violate Racketeer Influenced and Corrupt Organizations Act (RICO) (2-1)

12/28/2021 - "Last leg" Domino's drivers who deliver to franchisees are exempt from the Federal Arbitration Act
12/21/2021 - US Supreme Court will decide whether FAA requires individual arbitration of Private Attorney General Act claims
12/14/2021 - No injunction pending appeal challenging mandatory vaccination of health care workers
12/07/2021 - Simple paid suspension is not an adverse employment action

11/30/2021 - Gay teacher's complaint against Catholic school should not be dismissed
11/23/2021 - Employer's response to third party's sexual advances can independently create a hostile work environment
11/16/2021 - 5th Circuit to OSHA: Do not implement or enforce the vaccine mandate until further court order



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