LexisNexis Overview: Judgment
in favor of a discharged employee under USERRA was reversed because there was
insufficient evidence to support a verdict against the employer under the
"cat's paw" theory. Based on the evidence, a reasonable...
LexisNexis Overview: Terminated
employee who was fired three weeks after his fiancee filed a sex discrimination
charge against their employer was well within the zone of interests sought to
be protected by Title VII. Therefore, he was a person aggrieved...
LexisNexis Overview: Employees'
Title VII sex discrimination class action claims against a nationwide employer
could not be certified under Fed. R. Civ. P. 23(a)(2) due to lack of
commonality; the employees did not offer adequate proof that the...
LexisNexis Overview: In
affirming the partial dismissal of a putative class claim against an airline,
the court concluded, on an issue of first impression, that service members
could not bring a freestanding cause of action for hostile work environment...
LexisNexis Overview: District
court did not abuse its discretion in denying former employee's motion for the
award of attorney's fees and costs, under 29 U.S.C.S. § 216(b), because
employee was not a prevailing party because, in granting...
LexisNexis Overview: Employer was not entitled to summary
judgment on age discrimination claim under ADEA, 29 U.S.C.S. § 623, and Haw.
Rev. Stat. § 378-2; tangible adverse employment claim survived because employee
claimed she was told to...
WASHINGTON, D.C. - Both written and verbal complaints are
allowed under the Fair Labor Standards Act (FLSA), the attorney representing a
former plastics company employee argued before the U.S. Supreme Court on October
13 ( Kevin Kasten v. Saint-Gobain...
LexisNexis Overview: Limiting
29 U.S.C.S. § 215(a)(3)'s anti-retaliation provision to written complaints
would undermine the FLSA's basic objectives, and the phrase "any
complaint" suggested a broad interpretation that would...
LexisNexisOverview: Former employee's claim that an arbitration
agreement was unconscionable did not specifically challenge a provision that
delegated to the arbitrator the authority to decide whether the agreement was
enforceable; the delegation...
LexisNexis Overview: Where a vice president fired an employee who was a
member of the United States Army Reserve, the employer was not entitled to
judgment as a matter of law regarding the "cat's paw" discrimination
claim under USERRA...
Overview: Petitioners did not
violate employee's Fourth Amendment rights by obtaining and reviewing
transcript of text messages sent to him on pager provided by city because
search was justified because there were reasonable grounds...
LexisNexis Overview: Arbitration of when a CBA was ratified was not
warranted since judicial resolution was required concerning when the CBA was
formed and whether its arbitration clause covered the legality of a strike, and
there was no cognizable...
Overview: Agreements among a football league, its teams, and a licensor formed by
the teams to license their intellectual property constituted concerted
action that was subject to antitrust scrutiny under 15 U.S.C.S. § 1. The
LexisNexis Overview: Where
the NLRB delegated all of its powers to a three-member group before the NLRB
was left with only two members due to expired appointments, remand was
warranted because the delegation clause of 29 U.S.C.S. § 153(b) required...