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Wolters Kluwer

Eleventh Circuit announces standard for voluntariness of an employee’s resignation

News Source: Wolters Kluwer
Post Date: Thursday - July 20, 2017 - 3:54pm
In a case where a police officer alleged that he was “targeted” by a city’s mayor because of his political association with a city councilwoman, who was a “political enemy” of the mayor, the Eleventh Circuit identified the appropriate standard for determining the voluntariness of an employee’s resignation. Applying the new standard in Rodriguez v. ...
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Staffing agency client sued for harassment can’t compel arbitration under agency’s arbitration agreement

News Source: Wolters Kluwer
Post Date: Thursday - July 20, 2017 - 9:19am
By Lisa Milam-Perez, J.D. A staffing agency employee who was sexually harassed while working for a client company, and then sued that company for directing the staffing agency to terminate her assignment after she complained, could not be compelled to arbitrate her sexual harassment and retaliation claims against the company based on her arbitration agreement with ...
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Employee’s failure to complain about mocking of his stutter dooms ADA claims

News Source: Wolters Kluwer
Post Date: Thursday - July 20, 2017 - 9:15am
By Brandi O. Brown, J.D. Parting ways with a lower court by finding that an employee with an anxiety-related stutter who was mocked at work could convince a jury he was subjected to a hostile work environment, the Fifth Circuit nonetheless affirmed summary judgment against his ADA claims because he failed to present evidence that he ...
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Revised Form I-9 released for use

News Source: Wolters Kluwer
Post Date: Thursday - July 20, 2017 - 9:12am
U.S. Citizenship and Immigration Services has released its new version of Form I-9, Employment Eligibility Verification. Employers may begin using this revised version or continue using Form I-9 with the revision date 11/14/16 N through September 17, according to a USCIS release. As of September 18, employers must use the revised form, however, which has ...
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Fired medical marijuana user can sue for disability bias under Massachusetts law

News Source: Wolters Kluwer
Post Date: Thursday - July 20, 2017 - 8:52am
By Joy P. Waltemath, J.D. An employee who suffered from Crohn’s disease, a debilitating medical condition for which she had been allowed to use medical marijuana under Massachusetts law, and who was fired after she tested positive for marijuana under her employer’s policy, could advance state-law claims of handicap discrimination, the Massachusetts Supreme Judicial Court ruled. ...
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Per CBA, Teamsters had sole right to integrate pilot seniority lists post-merger

News Source: Wolters Kluwer
Post Date: Wednesday - July 19, 2017 - 8:49am
By Lisa Milam-Perez, J.D. The Teamsters union had the exclusive right to integrate pilot seniority lists following the merger of two airlines, the Sixth Circuit held, affirming a district court’s holding in a Railway Labor Act case. The union was the bargaining representative for both groups of pilots, so under the applicable collective bargaining agreement between ...
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Macy’s ‘offer’ to decline ‘benefits of arbitration’ was no offer; employee’s silence was no acceptance

News Source: Wolters Kluwer
Post Date: Wednesday - July 19, 2017 - 8:45am
By Lisa Milam-Perez, J.D. A Macy’s employee who claimed he was harassed and ultimately discharged due to his learning disability can’t be forced to arbitrate his ADA suit against the retailer, a federal district court in New York held. Macy’s contended that the employee had agreed to arbitrate employment-related disputes because he did not affirmatively decline ...
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No individual liability for retaliation under the FCA

News Source: Wolters Kluwer
Post Date: Wednesday - July 19, 2017 - 8:41am
By Robert B. Barnett Jr., J.D. A medical billing clerk’s False Claim Act complaint against an ophthalmologist for retaliation was dismissed because the FCA provides liability only against the employer, not against the individual who owns the corporation, a federal district court in New York ruled. By enacting a 2009 FCA amendment which removed the phrase ...
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What is a ‘close family relationship?’ Trump Administration asks Justices to clarify for travel ban

News Source: Wolters Kluwer
Post Date: Wednesday - July 19, 2017 - 8:39am
By Pamela Wolf, J.D. The Trump Administration has returned to the Supreme Court for relief that would allow further implementation of the president’s revised travel ban. On July 13, a district court in Hawaii entered an injunction preventing application of Sections 2(c), 6(a) and 6(b) of the revised travel ban (Executive Order 13,780) to exclude entry ...
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FDA user fees reauthorized by House vote

News Source: Wolters Kluwer
Post Date: Wednesday - July 19, 2017 - 6:56am
In a bipartisan action, the House of Representatives today passed H.R. 2430, the FDA Reauthorization Act (FDARA) of 2017, by voice vote. FDARA reauthorizes the FDA’s user fee programs for prescription drug, medical device, generic drug, and biosimilar biological products. The current user fee programs are set to expire in September 2017 and account for ...
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Fired medical marijuana user can sue Massachusetts employer for disability discrimination

News Source: Wolters Kluwer
Post Date: Tuesday - July 18, 2017 - 4:23pm
By Joy P. Waltemath, J.D. Massachusetts employees who are “qualified handicapped persons” under the state’s disability discrimination law and who legally consume marijuana under the state’s medical marijuana act may now bring a claim against an employer that denies them “the right or privilege” of a reasonable accommodation for their disability. The Massachusetts Supreme Court ruled ...
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Severe or pervasive standard clarified in case involving single use of n-word

News Source: Wolters Kluwer
Post Date: Tuesday - July 18, 2017 - 8:51am
By Lorene D. Park, J.D. Reversing the dismissal of a Section 1981 racial harassment claim by two African-American laborers against their staffing company employer and the company to which they were assigned to work, the Third Circuit acknowledged that its precedent has been inconsistent as to the proper standard to use in analyzing a hostile work ...
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Bill gives EEOC flat funding; not to be used to implement new EEO-1 Report

News Source: Wolters Kluwer
Post Date: Tuesday - July 18, 2017 - 8:50am
By Pamela Wolf, J.D. The House Appropriations Committee has approved by a vote of 31-21 its fiscal year 2018 Commerce, Justice, and Science Appropriations bill, which funds the Departments of Commerce and Justice, the National Aeronautics and Space Administration, the National Science Foundation, and other related agencies, including the EEOC, which would get $363,807,000—about the same ...
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Restaurant settlement with DOL didn’t bar suit by workers who didn’t sign WH-60 form

News Source: Wolters Kluwer
Post Date: Tuesday - July 18, 2017 - 8:40am
By Lorene D. Park, J.D. Despite the Department of Labor’s reassurance to a restaurant employer that it had the authority to settle minimum wage and overtime claims on behalf of 19 employees, a subset of those employees (and one additional plaintiff) was not precluded from subsequently filing suit under the FLSA, ruled a federal district court ...
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Compliance programs should keep a sharp eye on all communications

News Source: Wolters Kluwer
Post Date: Tuesday - July 18, 2017 - 6:56am
Every word written or spoken in connection with a health care practice presents the potential for risk. At a Wolters Kluwer webinar entitled, Health Care Communication Risks—From a Compliance Perspective, two presenters pointed out various areas of concern and ways for compliance professionals to approach them. Robert Liles, managing partner at Liles Parker PLLC, and ...
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