On the Alert - Archives

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