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The Supreme Court affirmed the decision of the labor and industrial relations commission affirming the award of the administrative law judge (ALJ) determining that Douglas Cosby was not entitled to permanent total disability (PTD) or permanent partial disability (PPD) benefits from the second injury fund pursuant to Mo. Rev. Stat. 287.220.3, holding that the commission did not err and that section 287.220.3, as applied to Cosby, does not violate the open courts provision or Cosby's due process and equal protection rights. Cosby injured his knee during the course of his employment. Cosby filed a workers' compensation claim against his employer and the second injury fund alleging that he was disabled as a result of his knee injury combined with his preexisting disabilities. An ALJ denied benefits, and the commission affirmed. The Supreme Court affirmed, holding (1) the commission properly interpreted section 287.220 to find that Cosby was not entitled to PPD benefits from the fund because his knee injury occurred after January 1, 2014; and (2) interpreting section 287.220.3(2) to not provide PPD benefits from the fund does not violate the Missouri open courts provision or Defendant's due process or equal protection rights. View "Cosby v. Treasurer of the State" on Justia Law

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Baloga, a school district custodian since 1999 and vice president of the custodial union since 2010, claimed that the Pittston District and its maintenance director, Serino, violated his First Amendment rights by retaliating against him based on his union association and related speech. The relationship between the union and the District—and, in particular, Serino—was strained. Baloga had filed a grievance about a scheduling change and was subsequently transferred. The district court rejected the claims on summary judgment, concluding that Baloga’s activity was not constitutionally protected because it did not implicate a matter of public concern. The Third Circuit reversed in part. Where a public employee asserts retaliation in violation of the First Amendment as a free speech claim and a pure union association claim, those claims must be analyzed separately. Consistent with longstanding Supreme Court precedent, there is no need to make a separate showing of public concern for a pure union association claim because membership in a public union is “always a matter of public concern.” Baloga raised a triable issue about whether he was retaliated against based solely on his union association. View "Baloga v. Pittston Area School District" on Justia Law

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The State of Delaware appealed a superior court order that affirmed a determination by the Industrial Accident Board (the Board) that Nicholas Gates was working within the course and scope of his employment when he was injured in a motor vehicle collision. At the time of the collision, Gates was employed by the State as a road-maintenance equipment operator for the Department of Transportation (DelDOT). The collision occurred while he was responding to a “call-back” after his normal work hours. He was called back to attend to a roadside accident. Gates sought workers’ compensation benefits from the State for his injury. At the hearing before the Board, the State argued that State of Delaware Merit Rule 4.16 1 and a document titled “Call-Back Pay Guidelines and Recommended Procedure” (the Call-Back Pay Guidelines) were part of Gates’s employment contract. According to these provisions, Gates was not to be paid for a call-back until he arrived at the DelDOT yard. Because Gates’s collision occurred before he arrived at the yard, the State argued, his injury occurred outside the course and scope of his employment and was, therefore, not compensable under Delaware’s Workers’ Compensation Act (the Act).3 The Board looked to the parties’ prior course of conduct to determine the terms of the employment contract and found that Gates’s injury was compensable under the Act because, based on the parties’ prior course of conduct, he “was working within the course and scope of his employment contract when the motor vehicle accident occurred.” The Superior Court affirmed the Board’s decision. The Delaware Supreme Court affirmed the Superior Court, and therefore the Board. Specifically, the Court determined the Board applied the correct legal standard and acted within its discretion in finding, based on Gates’s unrebutted testimony as to the parties’ course of conduct prior to the collision, that the terms of Gates’s employment contract established he was to be paid for a callback from the time he received the call and that, at the time of the collision, he was working within the course and scope of this contract. These factual findings were supported by substantial evidence; the Board did not err in determining that Gates’s injury was compensable under the Act. View "Delaware v. Gates" on Justia Law

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Pneuma sued a former employee, a competitor that employee went to work for, and a Pneuma investor, alleging several business torts including claims under the Comprehensive Computer Data Access and Fraud Act (Pen. Code section 502); for conversion; and for trespass to chattel relating to an internet domain. The investor filed a cross-complaint against Pneuma and its owner alleging they breached their investor agreement. The trial court ruled against Pneuma except on a single cause of action for trespass to chattel and ruled in favor of the investor on his cross-complaint. The court of appeal affirmed. A determination that a party engaged in trespass to chattel in a business context does not, without more, establish that the party engaged in an unlawful business practice under California’s Unfair Competition Law. (Bus. & Prof. Code section 17200). View "Pneuma International, Inc. v. Cho" on Justia Law

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The Supreme Court reversed the decision of the Court of Special Appeals reversing the decision of the circuit court affirming the decision of the Workers' Compensation Commission modifying an order that provided Officer Peter Gang, who was injured working as a correctional officer for Montgomery County, a compensation award for a permanent partial disability resulting from his injury, holding that the Commission was authorized to retroactively modify the compensation award. Specifically, the Commission retroactively adjusted the rate of compensation because, as a public safety employee, Officer Gang had been entitled to a higher rate of compensation than that which he initially received. The Court of Appeals concluded that the Commission was not statutorily authorized to retroactively modify Officer Gang's rate of compensation. The Supreme Court affirmed, holding (1) under section 9-736(b) of the Workers' Compensation Act, the Commission may modify the compensation award within five years from the date of the last compensation payment; and (2) because Officer Gang applied for the correction before the statutory five-year period expired the Commission properly exercised its continuing jurisdiction to retroactively correct the rate of compensation in Officer Gang's award for permanent partial disability based on an error of law. View "Gang v. Montgomery County" on Justia Law

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The United States District Court for the District of Colorado certified a question of law to the Colorado Supreme Court. The question centered on proof of equitable estoppel. In 2017, a group of current and former exotic dancers sued the owners of clubs where they performed and the club owners’ corporate parent companies alleging the defendants acted in concert to wrongfully deprive the dancers of basic protections provided by law to employees. The plaintiffs contended they were misclassified as nonemployee “independent contractors” or “lessees” pursuant to “Entertainment Lease” agreements that identified the club-owner defendants as “landlords” rather than employers. According to the plaintiffs’ pleadings, the club-owner and corporate-parent defendants were jointly and severally liable for denying the dancers earned minimum wages and overtime pay, confiscating or otherwise misallocating their gratuities, charging them fees to work, and subjecting them to onerous fines. The club-owner defendants have successfully compelled arbitration of the plaintiffs’ claims based on the arbitration clause included in the agreements the dancers signed with the club owners. The corporate-parent defendants sought to do the same, but because they were not parties to the agreements or to any other written contract with the dancers, they had to find a different hook to compel the dancers into arbitration: that the dancers should be equitably estopped from litigating their claims against one set of defendants because they were in compelled arbitration of the same claims against the other set of defendants. The Colorado Supreme Court held Colorado’s law of equitable estoppel applied in the same manner when a dispute involves an arbitration agreement as it did in other contexts. Thus, a nonsignatory to an arbitration agreement could only assert equitable estoppel against a signatory in an effort to compel arbitration if the nonsignatory can demonstrate each of the elements of equitable estoppel, including detrimental reliance. View "Santich v. VCG Holding Corp." on Justia Law

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Employer petitioned for review of the Board's holdings that it engaged in unfair labor practices in violation of the National Labor Relations Act. The Second Circuit granted the petition to the extent it challenged the Board's rulings and orders with regard to "interrogation" and the discharge of an employee for insubordination, and the order that the Board's remedial notice be read aloud at a meeting of employees. The court denied the petition for review in all other respects and granted the cross-petition for enforcement in part, denying in part. View "Bozzuto's Inc. v. NLRB" on Justia Law

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Plaintiff, a former deputy constable, filed suit under 42 U.S.C. 1983 against defendants, alleging that they violated his First Amendment rights when he was terminated for reporting the illegal acts of the then-Constable and others to law enforcement authorities. Applying Texas law, the Fifth Circuit affirmed the district court's dismissal of plaintiff's claims against the county and the Constable in his official capacity as barred by res judicata where plaintiff had previously filed a state court action against the county. The court also affirmed the district court's dismissal of plaintiff's claims against the Constable in his individual capacity based on qualified immunity, because it was not clearly established at the time whether a law enforcement officer's involvement in an investigation with outside law enforcement enjoyed protection under the First Amendment. Furthermore, the Constable was entitled to qualified immunity on the First Amendment's Petition Clause claim where plaintiff's grievance from his termination did not constitute a matter of public concern and plaintiff did not allege that he was treated differently than similarly situated deputy constables. View "Harmon v. Dallas County" on Justia Law

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John Buckley started working for Labor Ready, Inc., a temporary employment service, in 2009. He was injured on assignment for a shipping company. At the time of injury he was performing a task prohibited by the contract between the temporary employment service and the shipping company. The injury resulted in loss of the worker’s hand and part of his arm. After getting workers’ compensation benefits from the temporary employment service, the worker brought a negligence action against the shipping company and one shipping company employee. The superior court decided on cross-motions for summary judgment that the exclusive liability provision of the Alaska Workers’ Compensation Act (Act) barred the action. The Alaska Supreme Court reverse, finding material issues of fact precluded disposition by summary judgment. View "Buckley v. American Fast Freight, Inc." on Justia Law

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The union petitioned for review of the Authority's decision that the union's unfair labor practice charge was untimely. The DC Circuit held that the charge was timely and therefore granted the union's petition for review in part. In this case, the Authority's finding that the Agency had openly refused to make certain changes as of 2010 was not supported by substantial evidence. However, the court denied the petition insofar as it asked the court to retain jurisdiction. The court held that retaining jurisdiction was unwarranted because it was up to the Authority to consider in the first instance the Agency's exceptions to the ALJ's holding that the Agency had committed an unfair labor practice. View "Federal Education Association v. Federal Labor Relations Authority" on Justia Law