Appellate Court Rules that Trial Court Failed to Consider City Ordinance Prohibiting Workplace Discrimination

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Expert Guest Entry by Alex Kipp, Originally Published on ralawemployment.blogspot.com In October 2011, James Hoover, assistant superintendent in charge of operations at the City of Elyria’s water pumping plant, made several racially discriminatory comments toward Lamont Jackson, an African-American, part-time employee; calling him “Black Buck,” “Big Black Buck,” and “BBB” throughout the work day. These…

Fifth Circuit Rules That Employer’s Overly Broad Confidentiality Policy Unlawfully Restricts Employees’ Right to Discuss Wages

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Expert Guest Entry by Shawn Romer Originally published on http://ralawemployment.blogspot.com/  In Flex Frac Logistics, LLC v. NLRB (March 24, 2014), the Fifth Circuit Court of Appeals upheld a National Labor Relations Board (“NLRB”) ruling that struck down an overly broad employer confidentiality policy. The court held that this overly broad policy could be interpreted as prohibiting an employee from…

Third Circuit Affirms Department of Labor’s Ability to Set Foreign Worker Wages

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Expert Guest Entry by Marcus Pringle, Article originally published on ralawemployment.blogspot.com The Third Circuit Court of Appeals in Louisiana Forestry Association Inc., et al v. Oates, et al affirmed the Department of Labor’s ability to set wages for foreign guest workers. The ruling allows the Department of Labor (“DOL”) to regulate the minimum wage a U.S. employer can offer…

Voluntary Abandonment – Ohio Supreme Court Re-Affirms Louisiana-Pacific Test

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Expert Guest Entry by Alex Kipp, Originally Published on ralawemployment.blogspot.com Under Ohio Workers’ Compensation law, an employee who voluntarily abandons his or her employment for reasons not related to the industrial injury cannot receive temporary total disability compensation. Although being fired is generally considered an involuntary separation from employment, when the discharge arises from the employee’s…

Weekly Industry News: Employment Law

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Employment Law – the latest on employment retaliation claims, employer’s social media policies and more. What You Don’t Know Can’t Hurt You: The Lack of Knowledge Defense in Employment Retaliation Claims by Ivo Becica Published on jdsupra When it comes to minimizing the risk of employment retaliation claims, can ignorance be bliss? In today’s competitive business environment, “what you…

Waitresses’ Assignment to Areas with Lower Tip Potential Is Sufficiently Adverse to Support Discrimination and Retaliation Claims

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Expert Guest Article by  Emily Wilcheck The United States Court of Appeals for the Seventh Circuit recently revived discrimination and retaliation claims asserted by two African-American cocktail waitresses under Title VII of the 1964 Civil Rights Act in Alexander v. Casino Queen, Inc., 7th Cir. Case No. 12-3696, 2014 WL 57947. The United States District Court for…

Sixth Circuit Clarifies Use of Joint-Employer Doctrine in Title VII Cases

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Expert Guest Entry by Marcus Pringle The Sixth Circuit Court of Appeals in Maurice Knox v. Skanska USA Building, Inc., 6th Cir Nos. 12-5967; 12-6236 (Dec 10, 2013), held that a defendant can be liable under the Joint-Employer Doctrine in a Title VII case. In Knox, a general contractor, Skanska USA Building (“Skanska”), subcontracted with C-1, Inc. (“C-1”). C-1…

Weekly Industry News – Employment Law

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Employment Law – the latest on Bright Petroleum’s violation, Kentucky Friend Chicke’s EEOC Religious Discrimination Lawsuit and more.   Kentucky Fried Chicken Franchise Pays $40,000 to Settle EEOC Religious Discrimination Lawsuit by U.S. Equal Employment Opportunity Commission (EEOC) Published on jdsupra.com Scottish Food Systems,  Inc. and Laurinburg KFC Take Home, Inc. will pay $40,000 and furnish other  relief…