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The Eighth Circuit reversed the district court's order vacating an arbitration award originally in favor of the union. The court held that the arbitration award drew its essence from the collective bargaining agreement. In this case, the arbitrator appropriately considered the relevant language of the Recognition Clause, even though it did not quote the Recognition Clause in its entirety. Accordingly, the court remanded for further proceedings. View "National Elevator Bargaining Assoc. v. International Union of Elevator Constructors" on Justia Law

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The Second Circuit affirmed the district court's grant of summary judgment to defendants in an action alleging violations of Section 504 of the Rehabilitation Act, as well as state and city law. Plaintiff claimed that he experienced several adverse employment actions while he was employed at the DOI, because of his hearing disability. The district court held, among other things, that no reasonable jury could conclude that plaintiff had experienced any adverse employment action "solely by reason of" his disability. The court affirmed on different grounds and held that a plaintiff alleging an employment discrimination claim under Section 504 of the Rehabilitation Act must show that the plaintiff's disability was a but‐for cause of the employer's action, not the sole cause. The court agreed with the district court that plaintiff failed to provide sufficient support for his claim that he was retaliated against for making complaints, he was demoted in retaliation for appealing a negative performance review, and that the DOI subjected him to a slew of retaliatory actions. View "Natofsky v. City of New York" on Justia Law

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Claimant Cozmin Gadalean, a commercial truck driver, was sent on a supervised delivery by and for employer as a pre-employment drive test. He was injured when he fell from employer’s truck. The Workers’ Compensation Board denied claimant coverage, concluding that he did not qualify as a worker at the time of the injury. The Court of Appeals reversed, holding that Oregon’s minimum wage laws would have entitled claimant to be paid for the delivery and that, therefore, he was a worker within the meaning of the workers’ compensation statute. The Oregon Supreme Court concluded the Court of Appeals erred, and affirmed the board’s denial of coverage. View "Gadalean v. SAIF" on Justia Law

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The Supreme Court affirmed the opinion of the court of appeals affirming the decision of the Workers' Compensation Board affirming the ALJ's determination that Appellant was not entitled to benefits pursuant to Ky. Rev. Stat. 342 in connection with his injury while working as a bus driver for Transit Authority of River City (TARC), holding that the ALJ's decision denying Appellant benefits was supported by substantial evidence. While operating a TARC bus Appellant was assaulted by a passenger, resulting in injuries. TARC denied Appellant's claim for benefits pursuant to the special defense provided in Ky. Rev. Stat. 342.610(3), asserting that Appellant was the aggressor in the altercation and that he acted outside of the scope of his employment. After reviewing the evidence, the ALJ denied Appellant benefits. The Board and the court of appeals affirmed. The Supreme Court affirmed, holding that there was substantial evidence supporting the ALJ's determination to deny benefits. View "Trevino v. Transit Authority of River City" on Justia Law

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The Supreme Court affirmed the judgment of the circuit court that the agreement furnished to Carol Greissman for signature did not violate Kentucky Rules of the Supreme Court 3.130, Rule 5.6 as a matter of law, holding that an obligatory Rule of Professional Conduct for attorneys carries public policy weight and that the agreement did not violate Rule 5.6. Greissman, an attorney, was terminated by Rawlings & Associates for refusing to sign an agreement providing for non-solicitation of Rawlings & Associates' customers or clients following the end of her employment. Greissman subsequently brought a wrongful termination claim. The circuit court granted summary judgment for Rawlings & Associates. The court of appeals upheld the circuit court's ultimate decision dismissing Greissman's complaint but concluded that Greissman's complaint should have been dismissed for failure to state a claim because the Rules of the Kentucky Supreme Court did not provide the public policy to support Greissman's wrongful termination claim. The Supreme Court affirmed on other grounds, holding (1) for purposes of wrongful termination actions, an obligatory Rule of Professional Conduct for attorneys carries equal public policy weight as any public policy set forth in statute or the Constitution; and (2) the agreement in this case did not violate Rule 5.6. View "Greissman v. Rawlings & Associates, PLLC" on Justia Law

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The Supreme Court denied Petitioner's petition for a writ of quo warranto, which Petitioner filed after the Governor suspended her as Superintendent of Schools for Okaloosa County, holding that the Governor did not exceed his suspension authority. In an executive order, Governor Ron DeSantis invoked his authority under Fla. Const. art. IV, 7(a) to suspend Petitioner. In her petition for writ of quo warranto, Petitioner asserted that the misconduct alleged in the executive order was limited to conduct that occurred "exclusively" in Petitioner's prior term in office, and therefore, the Governor exceeded his suspension power. The Supreme Court disagreed, holding that the executive order alleged misconduct occurring in Petitioner's current term and satisfied the standard set forth in State ex rel. Hardie v. Coleman, 155 So. 129, 133 (Fla. 1933). View "Jackson v. DeSantis" on Justia Law

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Plaintiff was hired as an Assistant Principal at Grosse Pointe South High School in 2012. In 2014, Hamka became principal of GPSHS. Plaintiff had difficulties with changes instituted by Hamka and complained about Hamka’s comments and conduct toward her. After a series of incidents, Plaintiff received a “minimally effective” rating for the 2014–2015 school year in her personnel file, but an “effective” rating was sent to the State of Michigan as a “placeholder” pending Plaintiff’s job search. Plaintiff received only a one-year contract instead of a two-year rolling contract. She became ineligible for any merit pay or step increases and was placed on an Individualized Development Plan (IDP). In 2015, the district’s superintendent transferred Plaintiff to Parcells Middle School because of her complaint against Hamka and the other incidents. Plaintiff took Family and Medical Leave Act (FMLA) leave from November 2015 to March 2016 due to stress but nonetheless received an “effective” rating and was given a two-year contract and taken off the IDP. Plaintiff filed an EEOC charge in December 2015 alleging gender discrimination and retaliation for her earlier complaint of gender discrimination and harassment, then filed suit under Title VII of the Civil Rights Act, 42 U.S.C. 2000e, the FMLA, 29 U.S.C. 2601, and state law. The district court granted the school district summary judgment. The Sixth Circuit reversed with respect to the gender discrimination and retaliation claims but affirmed with regard to the FMLA retaliation claim. View "Redlin v. Grosse Pointe Public School System" on Justia Law

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To be "final" for purposes of 33 U.S.C. 921(d), an order must at a minimum specify the amount of compensation due or provide a means of calculating the correct amount without resort to extra-record facts. The Ninth Circuit affirmed the district court's dismissal of plaintiff's action against Vortex, seeking enforcement of a Department of Labor order requiring payment of plaintiff's future medical expenses under the Longshore and Harbor Workers' Compensation Act. The panel held that the district court correctly found that it lacked jurisdiction over plaintiff's section 921(d) enforcement claim. In this case, the ALJ's order stated that Vortex must pay or reimburse plaintiff, but did not list an amount to be paid or a means of calculating what Vortex owed. The panel also held that the district court correctly rejected plaintiff's Medicare Secondary Payer Act claim as premature. View "Grimm v. Vortex Marine Construction" on Justia Law

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In this case brought under the Wage Act, Mass. Gen. Laws ch. 149, 150, the Supreme Judicial Court reversed the denial of Plaintiff's motion for class certification, holding that Mass. R. Civ. P. 23, as amended, provides the correct standard for determining class certification in a claim under the wage laws and that Plaintiff met his burden of demonstrating numerosity under that rule. Plaintiff alleged on behalf of himself and a putative class of similarly situated employees that Defendant had a practice of violating the "reporting pay" or "three hour" requirement of 454 Code Mass. Regs. 27.04(1). At issue was whether either the Wage Act or the minimum fair wage law, Mass. Gen. Laws ch. 151, 20, specify a different standard for class certification from that set forth in Rule 23 and whether the numerosity requirement was satisfied in this case. The motion judge denied Plaintiff's motion for class certification, concluding that the class was insufficiently numerous to satisfy the certification requirements of Rule 23. The Supreme Judicial Court reversed and remanded for further proceedings, holding that the motion judge correctly used the Rule 23 factors to analyze Plaintiff's claim but that the judge abused his discretion in denying class certification. View "Gammella v. P.F. Chang's China Bistro, Inc." on Justia Law

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The Washington South Education Association was the representative of all licensed teachers within the Northfield schools. The Northfield School Board and the Association negotiated and entered into the CBA, which was in effect from July 1, 2017 to June 30, 2018. Paul Clayton was a middle-school physical-education teacher at the Northfield Middle High School (the School) and was a member of the Association. Therefore, Clayton’s employment was subject to the CBA. In late fall 2017, administrators at the School received complaints about Clayton’s workplace conduct. The complaints alleged that Clayton created a hostile work environment by intimidating his colleagues and advised a student (his daughter) to punch another student in the face. In response to the allegations, Clayton was placed on paid leave while the administrators investigated the complaints and interviewed a number of the School’s staff. Upon the conclusion of their investigation, the administrators wrote a letter to the School’s superintendent describing their findings and noting that while they gave Clayton the opportunity to respond, Clayton declined to respond in a follow-up meeting and then a second meeting scheduled to receive his rebuttal a few days later. After receiving the administrators’ letter, the superintendent wrote a letter to Clayton offering him an opportunity to meet with her to discuss the matter, and attached to the letter a summary of the allegations against Clayton. About a week later, the superintendent met with Clayton and his Association representation. Clayton did not file a notice of appeal of his ultimate suspension. Shortly thereafter, Clayton and the Association, now represented by the Vermont affiliate of the National Education Association (Vermont-NEA), submitted a grievance alleging a violation the CBA. The Board declined to accept the grievance, noting Clayton did not follow the prescribed termination procedures outlined in the CBA. Vermont-NEA thereafter invoked the CBA's arbitration procedures. A trial court agreed with the Board, and Clayton and the Association appealed. The Vermont Supreme Court determined Clayton and the Association failed to exhaust statutory remedies as required by 16 V.S.A. 1752, thus the trial court properly enjoined arbitration. View "Northfield School Board v. Washington South Education Association" on Justia Law