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News

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Wolters Kluwer

Employee fired after refusing to establish MMR immunity or get vaccine can’t revive ADA claims

News Source: Wolters Kluwer
Post Date: Tuesday - December 11, 2018 - 9:52am
By Brandi O. Brown, J.D. A healthcare worker who was discharged when she refused to obtain an MMR vaccination or otherwise establish her disease immunity, which was required as a condition of continued employment after a merger, was unable to revive her ADA and MHRA claims on appeal to the Eighth Circuit. Although the appeals court ...
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Debate over ‘No Hire Agreements’ grows as two more companies sued

News Source: Wolters Kluwer
Post Date: Tuesday - December 11, 2018 - 9:49am
By Stephanie K. Mann, J.D. As the national debate over whether “no-poach” agreements constitute anticompetitive behavior continues to grow, two more companies have been sued by their employees for violations of the Sherman Act. Nationwide pizza chain Papa John’s and automobile repair shop Jiffy Lube were sued for violations of the Sherman Act and Clayton Act ...
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Air traffic controller not required to exhaust CBA’s grievance procedures before bringing Section 301 suit

News Source: Wolters Kluwer
Post Date: Tuesday - December 11, 2018 - 9:43am
By Kathleen Kapusta, J.D. Reversing and remanding a district court’s determination that an employee was required by the governing collective bargaining agreement to exhaust its grievance procedures before filing suit in federal court under LMRA Section 301, and that he failed to do so, the Fourth Circuit found the lower court erred in treating the exhaustion ...
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Denial of class certification for caregivers seeking refund of ‘fair share’ fees affirmed again

News Source: Wolters Kluwer
Post Date: Monday - December 10, 2018 - 9:46am
By Ronald Miller, J.D. On remand from the Supreme Court, the Seventh Circuit concluded that the High Court’s decision in Janus v. AFSCME, which barred unions from imposing agency fees on public employees who are not union members, did not require a different result on the narrow question of whether a class action was the proper ...
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Kusserow on Compliance: Meeting long term care compliance program legal mandates

News Source: Wolters Kluwer
Post Date: Monday - December 10, 2018 - 9:30am
The Patient Protection and Affordable Care Act (ACA) included a mandate that long term care (LTC) skilled nursing facilities (SNFs) and nursing homes adopt and implement an effective compliance and ethics program as a condition of participation in the Medicare and Medicaid programs. Facilities have until November 28, 2019 to meet the compliance program requirements. ...
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Coworker’s racist remarks support cat’s paw claim, but being called ‘fat’ not actionable under ADA

News Source: Wolters Kluwer
Post Date: Monday - December 10, 2018 - 9:21am
By Lorene D. Park, J.D. Given that an employee’s coworker, who had made racist remarks, reported to a manager that the employee violated a policy prohibiting cell phone use while driving, and finding that a jury could conclude the coworker’s bias affected the manager’s decision to terminate the employee based on that first violation, a federal ...
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Manager’s angry ‘get back to work’ order to employees on heat breaks wasn’t implicit threat

News Source: Wolters Kluwer
Post Date: Friday - December 7, 2018 - 9:51am
In a case involving California workers who worked in steel shipping containers and began jointly taking heat breaks when the weather became too hot, the NLRB affirmed an administrative law judge’s determination that a manager coercively interrogated an employee and told him to bring his work-related concerns directly to management. The Board also agreed with ...
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Title VII didn’t preempt Title IX retaliation claim by lecturer fired after being cleared of harassment

News Source: Wolters Kluwer
Post Date: Friday - December 7, 2018 - 9:49am
By Lorene D. Park, J.D. Explaining that Title VII would preempt a Title IX claim involving employment discrimination, but would not preempt a Title IX claim of retaliation for participating in Title IX proceedings, even if the alleged retaliation results in termination of employment, a federal court in Texas denied a university’s motion for summary judgment ...
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Trustee retaliated against employee for reporting interference with fund contributions, but permanent injunction against him vacated

News Source: Wolters Kluwer
Post Date: Thursday - December 6, 2018 - 9:12am
By Ronald Miller, J.D. A trustee of union trust funds violated ERISA by retaliating against a whistleblower who reported the trustee’s interference with fund contributions, ruled the Ninth Circuit, but the retaliatory act of placing the employee on administrative leave was not a breach of the trustee’s fiduciary duty. Accordingly, the appeals court vacated a district ...
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Employer’s month-long delay in returning employee to work following FMLA leave was unlawful interference

News Source: Wolters Kluwer
Post Date: Thursday - December 6, 2018 - 9:10am
By Marjorie Johnson, J.D. An employer undisputedly interfered with an employee’s FMLA rights by delaying his reinstatement after he provided a medical release, but triable issues existed as to whether its actions were retaliatory, a federal district court in Utah ruled in granting in part the employee’s partial motion for summary judgment. Though there may have ...
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Steak ‘n Shake worker restricted to sedentary job can’t perform essential functions of fountain operator

News Source: Wolters Kluwer
Post Date: Wednesday - December 5, 2018 - 8:50am
By Kathleen Kapusta, J.D. Affirming summary judgment against the ADA claims of a Steak ‘n Shake fountain operator who had been restricted to clerical or sedentary work with no lifting as a result of a prior hip replacement surgery, and who was removed from the work schedule for a safety evaluation after falling twice and then ...
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SCOTUS sends mandatory bar association dues case back to Eighth Circuit for consideration under Janus

News Source: Wolters Kluwer
Post Date: Wednesday - December 5, 2018 - 8:46am
By Pamela Wolf, J.D. The Supreme Court has granted certiorari, vacated the appeals court judgment, and returned to the Eighth Circuit a case that challenges the constitutionality of North Dakota’s mandatory bar association laws under the First Amendment. On December 3, the High Court returned the case with instructions for further consideration in light of its ...
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Acquiring company’s offer of continued employment sufficient consideration to create valid arbitration agreement

News Source: Wolters Kluwer
Post Date: Wednesday - December 5, 2018 - 8:44am
By Marjorie Johnson, J.D. Two employees who were fired by a company months after it acquired their former employer were required to arbitrate their employment-related claims since they had signed enforceable mandatory arbitration agreements. In a pair of companion cases that had reached opposite results at the district court level on the company’s motion to dismiss ...
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No disability claim for UPS sorter who had lifting restrictions removed, voluntarily ended interactive process

News Source: Wolters Kluwer
Post Date: Tuesday - December 4, 2018 - 11:47am
By Lorene D. Park, J.D. Affirming summary judgment against an ADA failure-to-accommodate claim by a UPS employee who sought damages for the interactive process period during which she was off work, the Sixth Circuit agreed with a lower court that UPS had no legal obligation to put her back in a position that violated her lifting ...
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Washington state employees can’t recoup pre-Janus agency fees

News Source: Wolters Kluwer
Post Date: Tuesday - December 4, 2018 - 10:57am
By Lisa Milam, J.D. A group of Washington state workers who objected to paying compulsory agency fees to AFSCME were unable to recoup the forced payments made to the public employee union during the pendency of the Supreme Court’s landmark decision in Janus v. AFSCME Council 31. A federal court concluded that AFSCME had continued to ...
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