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In this case involving the State Correctional Officers’ Bill of Rights and the interplay between Md. Code Ann. 10-910(b)(1) and 10-910(b)(6), the Court of Appeals reversed the judgment of the Court of Special Appeals concluding that an appointing authority may not have the opportunity to hold another penalty-increase meeting after the thirty-day deadline for issuing a final order when recording equipment malfunctioned preventing the substance of the initial meeting from being captured “on the record,” holding that the proper remedy for the unforeseen technological glitch is that the parties must reconvene for another meeting to be held on the record. Section 10-910(b)(1) provides that [w]ithin 30 days after receipt of” the hearing board’s recommended penalty, “the appointing authority shall…issue a final order.” Section 10-910(b)(6) states that “the appointing authority may increase the recommended penalty” if the appointing authority “meets with the [charged] correctional officer and allows” the officer “to be heard on the record.” The Court of Appeals concluded in this case that the appointing authority’s failure to satisfy the “on the record” requirement was incurable after the thirty-day deadline. The Court of Appeals reversed, holding that because the technical failure could be easily cured with a remand and because the appointing authority must protect the due process rights of a charged correctional officer by adhering to all the enumerated procedures, remand was required to cure the procedural defect. View "Baltimore City Detention Center v. Foy" on Justia Law

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Steven Levi appealed a superior court decision affirming a Department of Labor and Workforce Development order requiring him to repay several months of unemployment insurance benefits plus interest and penalties because he under-reported his weekly income while receiving benefits. Based on a Department handbook, Levi argued he was not required to report his wages unless he earned more than $50 per day. The Alaska Supreme Court determined Levi’s reading of the handbook was unreasonable. Nonetheless, the governing statute required a reduction in benefits whenever a claimant’s wages were more than $50 per week. Levi made other arguments, but the Court found no merit to any of them. The Court affirmed the superior court’s decision. View "Levi v. State, Dept. of Labor and Workforce Development" on Justia Law

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The Supreme Court affirmed the finding of the Workers’ Compensation Court that Employee, who was injured during the course and scope of her employment, had reached maximum medical improvement prior to the stroke she suffered approximately three weeks after she filed her petition in the compensation court seeking temporary and permanent disability benefits and the compensation court’s award of permanent total disability, holding that the compensation court did not err. The stroke suffered by Employee was unrelated to her work injury or treatment and left Employee largely incapacitated. The compensation court awarded Employee permanent total disability benefits, thus rejecting Employer’s contention that the occurrence of the stroke relieved Employer of the ongoing responsibility to pay total disability benefits. The Supreme Court affirmed, holding that the compensation court did not err in (1) finding Employee reached maximum medical improvement prior to her stroke; (2) finding Employee was permanently and totally disabled; and (3) finding the stroke had no impact on Employee’s entitlement to ongoing permanent total disability benefits. View "Krause v. Five Star Quality Care, Inc." on Justia Law

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The Supreme Court reversed the judgment of the district court affirming the decision of the workers’ compensation commissioner declining to award benefits to a fast-food employee who suffered serious head injuries when he fell backwards directly to a tile floor after having a seizure while handling a customer order, holding that there is no blanket rule rendering certain categories of workplace idiopathic falls noncompensable. The commissioner reasoned that idiopathic falls from a standing or walking position to a level floor do not arise out of employment under the workers’ compensation law. The district court affirmed. The Supreme Court reversed, holding (1) whether injuries suffered in an idiopathic fall directly to the floor at a workplace arises out of employment is a factual matter, not a legal one, and the factual question to be determined is whether a condition employment increased the risk of injury; and (2) the commissioner in this case incorrectly treated a factual issue as a legal matter. View "Bluml v. Dee Jay's Inc." on Justia Law

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Plaintiffs were class representatives of current and former employees of defendant Pacific Bell Telephone Company who installed and repaired video and internet services in customers’ homes. They appealed a judgment in favor of defendant following cross-motions for summary judgment or summary judgment. Plaintiffs sought compensation for the time they spent traveling in an employer-provided vehicle--loaded with equipment and tools--between their homes and a customer’s residence (the worksite) under an optional and voluntary Home Dispatch Program. The trial court, like federal courts that have considered the question under California law, concluded the travel time was not compensable. The Court of Appeal agree and affirmed, finding: (1) the Home Dispatch Program was not compulsory; and (2) simply transporting tools and equipment during commute time was not compensable work where no effort or extra time is required to effectuate the transport. View "Hernandez v. Pacific Bell Telephone Co." on Justia Law

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When Tammy Webster completed her National Guard training, she requested the Mississippi Department of Wildlife, Fisheries, and Parks (MDWFP) renew her contract as a part-time dispatcher. When MDWFP refused to rehire her, Webster filed a Uniformed Services Employment and Remployment Rights Act (USERRA) claim in state court, successfully proving MDWFP violated her federal statutory right to reemployment. Though the prevailing party, Webster appealed, challenging both her compensation award of one year’s worth of lost part-time wages, and her attorney-fee award. The Mississippi Supreme Court held the trial court did not err in limiting Webster’s compensation to one year of lost wages: Webster had been employed under yearly contracts that were not automatically renewable, and MDWFP was under no statutory obligation to employ her indefinitely. The Supreme Court reversed and remanded the remainder of the judgment because: (1) the trial court failed to rule on Webster’s liquidated-damages claim, even though Webster presented evidence MDWFP’s USERRA violation was “willful,” as that term is used in the statute; (2) the trial court arbitrarily assigned $2,800 as a reasonable attorney fee, without considering the time spent by or hourly rate of Webster’s counsel or any other relevant factor; and (3) the trial court taxed Webster her respective court costs, even though USERRA prohibits claimants from being taxed with costs. View "Webster v. Mississippi Department of Wildlife, Fisheries & Parks" on Justia Law

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The Fourth Circuit affirmed the district court's grant of summary judgment to the employer in an action alleging that the unauthorized review and disclosure of plaintiff's confidential personnel files to support her racial and religious discrimination claims constituted protected activity under Title VII. The court held that, under the opposition clause, unauthorized disclosures of confidential information to third parties are generally unreasonable. In this case, plaintiff's unauthorized review and duplication of confidential personnel files did not constitute protected opposition or participation activity. The court also held that section 704(a) of Title VII of the Civil Rights Act does not protect a violation of valid state law that poses no conflict with Title VII. The court explained that, like in plaintiff's opposition claim, she failed to meet her burden of proving that the sheriff terminated her employment because she engaged in protected activity. View "Netter v. Barnes" on Justia Law

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Kerr was employed by the federal agency since 1980. Following adverse personnel actions, Kerr alleged sex and religious discrimination and retaliation before the agency’s Equal Employment Opportunity office. Kerr subsequently challenged her 2006 removal and the earlier adverse personnel actions before the Merit Systems Protection Board (MSPB), citing Title VII and retaliation under the Whistleblower Protection Act (WPA), 5 U.S.C. 1201. The MSPB indicated that it lacked jurisdiction over the less-serious personnel decisions and gave Kerr the opportunity to present her removal-related claims to the agency’s EEO office or have the MSPB decide them. Kerr chose the EEO office. The MSPB dismissed Kerr’s appeal without prejudice. The EEO office rejected Kerr’s discrimination claims and concluded that the WPA claim was not within its jurisdiction, telling Kerr that she could not appeal the constructive discharge claim to the EEOC, but could either appeal to the MSPB or file suit. Kerr filed suit. On remand from the Ninth Circuit, the government first argued that the court lacked jurisdiction over Kerr’s WPA claim because she failed to exhaust her administrative remedies by MSPB review. The district court dismissed the WPA claim. A jury returned a defense verdict on the discrimination claim. The Ninth Circuit affirmed. The Supreme Court denied certiorari. The MSPB rejected Kerr’s request to reopen, concluding that there was neither good cause nor equitable tolling for the untimely filing. The Federal Circuit reversed. Kerr did have a reasonable basis for thinking that the district court was an appropriate forum for all of her claims. The court noted the language of 5 U.S.C. 7702, Tenth Circuit precedent, and that the government did not warn Kerr she would waive her claim by failing to file at the MSPB. Kerr has demonstrated reasonable diligence and there is no prejudice to the agency. View "Kerr v. Merit Systems Protection Board" on Justia Law

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The Supreme Court affirmed the order of the circuit court dismissing constitutional challenges to the validity of the Kentucky Right to Work Act, 2017 Ky. Acts ch. 1, 15, holding that the trial court did not err. In 2017, the Kentucky legislature passed, and the Governor signed, the Act. The Act amended Ky. Rev. Stat. 336.130(3) to provide that no employee is required to become, or remain, a member of a labor organization, or to pay dues, fees, or assessments to a labor organization. Plaintiff-unions filed an action challenging the Act on several Kentucky constitutional grounds. Specifically, Plaintiffs claimed that the Act violated the Kentucky Constitution’s provisions requiring equal protection of the laws, prohibiting special legislation, and prohibiting takings without compensation and that the Act was improperly designated as emergency legislation. The trial court granted the Commonwealth’s motion to dismiss. The Supreme Court affirmed, holding that the Unions’ constitutional challenges to the Act were without merit. View "Zuckerman v. Bevin" on Justia Law

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Plaintiff, who was injured on the job, filed suit against his employer for retaliation and age discrimination. After the case proceeded to trial, the district court granted the employer's renewed motion for judgment as a matter of law at the close of the evidence on the retaliation claim, but sent the age discrimination issue to the jury. The jury returned a verdict for the employer. The Fifth Circuit reversed and remanded the adverse ruling on the retaliation claim, holding that, under Texas law, sufficient evidence of retaliation was presented to support submission to the jury under Cont'l Coffee Prods. Co. v. Cazarez, 937 S.W.2d 444, 451. The court reasoned that this outcome would be the same whether it considered the Continental Coffee list as "elements" or merely "factors." In this case, there was stark temporal proximity between plaintiff's injury and his termination, there was evidence to support the expression of a negative attitude and the treatment compared to similarly situated employees, and there was considerable evidence that would support a jury verdict in plaintiff's favor. View "Cristain v. Hunter Buildings and Manufacturing, LP" on Justia Law