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California Supreme Court Dismisses City of South Pasadena Appeal, Upholding Ruling That Termination of Union President Was Retaliatory
The California Supreme Court dismissed the City of South Pasadena’s request for discretionary review in a case in which the California Public Employment Relations Board (PERB) determined that the City dismissed fire fighter Cliff Snider in retaliation for his union activities as president of the South Pasadena Fire Fighters’ Association, International Association of Fire Fighters, Local 3657.
June 25, 2021
Wrongful Termination Claim To Be Pursued Under the Emergency Paid Sick Leave Act
A Texas federal court recently ruled that an employee who was fired after a positive COVID-19 test can pursue a claim under the Emergency Paid Sick Leave Act (“EPSLA”). In Luna v. American National Insurance Company, an insurance agent was terminated two days after notifying his employer that he tested positive for COVID-19.
June 24, 2021
Federal Court Holds that Illinois Correctional Officers’ Claims Are Not Required To Be Arbitrated
A federal court in Illinois refused to dismiss a case against Cook County, IL and its sheriff brought on behalf of union represented correctional officers for Fair Labor Standards Act overtime and minimum wage claims for unpaid time spent sanitizing before and after their shifts due to the COVID-19 pandemic.
June 15, 2021
Missouri Supreme Court Strikes Down Arbitrary Restrictions on Select Public Sector Unions
On June 1, 2021, the Missouri Supreme Court struck down as unconstitutional a 2018 law that established numerous restrictions against certain public sector unions, except “public safety labor organizations.” The law—H.B. 1413—required these unions to obey a strict set of requirements to establish themselves as the exclusive representative for a bargaining unit and then maintain that status over time.
June 09, 2021
Washington-Based Airline Employees Are Protected Under Sick Leave Law
Recently the U.S. Court of Appeals for the Ninth Circuit issued a decision interpreting the applicability and legality of Washington’s paid sick leave law to the airline industry. The paid sick leave law, enacted in 2016, requires employers provide Washington-based employees at least one-hour of paid sick leave for every 40 hours worked.
June 07, 2021
Equal Pay for Equal Work Act Transparency Rules Upheld in Colorado Federal Court
On May 27, 2021, a federal judge denied a business group’s initial attempt to stop enforcement of the Colorado Equal Pay for Equal Work Act, which MSE reported on in December.
June 03, 2021
City to Pay Eaton Fire Captains and EMS Lieutenant in Overtime Pay Lawsuit
On May 17, 2021, the Eaton City Council authorized the City to pay $185,000 to the plaintiff fire captains and EMS lieutenant to settle an overtime lawsuit filed by MSE. The fire captains and lieutenant alleged that the City had wrongly failed to pay them overtime in violation of the Fair Labor Standards Act.
June 01, 2021
Former Employees Sue Enterprise for Violating the Worker Adjustment and Retraining Notification (“WARN”) Act
In Benson et al. v. Enterprise Leasing Company of Florida LLC, two workers sued their former employer, the parent company of car rental firms including Enterprise Rent-A-Car, after being laid off from their jobs without notice in violation of the Worker Adjustment and Retraining Notification (“WARN”) Act.
May 24, 2021
Your State May Offer Big Damages for Emotional Distress in Discrimination and Whistleblower Cases
Your state may offer big damages for emotional distress in discrimination and whistleblower cases. In a recent example, the Oregon Supreme Court held that an Oregon statute limiting emotional distress damages for personal injury does not limit a worker’s recovery for emotional distress damages under the state’s anti-discrimination and whistleblower law.
May 20, 2021
Federal Circuit Judge Reinstates Federal Employee’s Whistleblower Complaint
On May 7, 2021, the U.S. Court of Appeals for the Federal Circuit reinstated part of a federal employee’s whistleblower complaint. The appellate court found that a Merit Systems Protection Board (“MSPB”) administrative judge had wrongly concluded that numerous actions taken by the employee were not protected under the Whistleblower Protection Act (“WPA”).
May 17, 2021
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