Weekly employment and labor law case summaries and labor law news from FindLaw's Blogs, from FindLaw.com.
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Human Resource
Digest for Week of May 10th, 2016

Labor Law Case Summaries and Blog Posts

Case Summaries:
Blog Posts:

Labor Law Case Summaries

 

Daza v. LA Community College Dist.

May 6, 2016
Labor & Employment Law, Education Law, Government Law

(California Court of Appeal) - In an action arising out of a case in which an adult student sued her school and a guidance counselor alleging sexual assault, which she later dropped after the school settled her main case, the trial court's denial of the guidance counselor's motion seeking indemnity and reimbursement for his defense is reversed where, although the sexual assault alleged in the main lawsuit fell outside the scope of the guidance counselor's employment as a matter of law, under a proper interpretation of Gov. Code section 996.4, the determination of whether an employee acted within the scope of employment is factual and cannot be limited to the third party's allegations in the underlying lawsuit when the employee denies those allegations, and the employee's version of events would demonstrate acts within the scope of employment.
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NLRB v. Bluefield Hospital

May 6, 2016
Labor & Employment Law, Health Law

(United States Fourth Circuit) - In a labor dispute between hospitals and their employees, the NLRB's application for enforcement of its final decision concluding the hospitals violated the National Labor Relations Act, 29 U.S.C. section 151 et seq., by refusing to bargain with the union, is granted where the hospitals' sole challenge to the merits of the Board's final decision to be baseless.
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Davis v. Merit Sys. Prot. Bd.

May 6, 2016
Labor & Employment Law

(United States Federal Circuit) - In a Bankruptcy Court Case Administrator's appeal from a decision of the Merit Systems Protection Board dismissing her appeal for lack of jurisdiction, the Board's dismissal is affirmed where petitioner was not an "employee" for whom the Board has jurisdiction to hear an appeal.
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Labor Law Blog Posts


Bathroom Bias Battle Heats Up as North Carolina Sues DOJ

Casey C. Sullivan, Esq.
May 9, 2016
North Carolina has faced a significant backlash since it adopted House Bill 2, a law meant to force transgender individuals to use the bathroom of their birth gender, rather than the gender they identify with. PayPal cancelled plans to...
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5 Top Tips for Letting Employees Go

Casey C. Sullivan, Esq.
May 5, 2016
No one likes to be fired and few people like to fire others. But if the firing is tough, the resulting litigation can be tougher. For, as inevitable as terminations are in the business world, they're also often fodder...
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HIPAA Violations Cost HCPs Big, but In-House Can Help

Jonathan R. Tung, Esq.
May 4, 2016
Health care providers collectively are holding their breath following last month's $1.55 million settlement agreement between Minnesota's North Memorial Health Care and the U.S. Department of Health and Human Services Office of Civil Rights (OCR). Soon all the oxygen was...
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Obesity Isn't a Protected Disability, 8th Cir. Rules

Casey C. Sullivan, Esq.
May 4, 2016
An employer did not violate the Americans With Disabilities Act when it rescinded an offer to an overweight candidate, the Eighth Circuit ruled last month. In doing so, the court rejected a claim that obesity is a disability and...
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How to Use the 'F You' Rule at Your Company -- Legally

Casey C. Sullivan, Esq.
May 3, 2016
The founder and CEO of Sam Adams wants his employees to tell him, "F*** you" -- except without the asterisks. Under the F You Rule, "it's okay to say f*** you to anybody else in the company," CEO Jim...
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1st Circuit Gives Employers Some Breathing Room in ADA Claims

Jonathan R. Tung, Esq.
April 28, 2016
The First Circuit affirmed in whole the summary dismissal of an employee's disability discrimination claims on Monday, ruling that the employee failed to prove a prima facie case of repeated violations. The case is sure to come as a relief...
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Casino May Be Forced to Ante Up for Employee Training

Casey C. Sullivan, Esq.
April 28, 2016
Casino dealers can sue their employer for unpaid, mandatory dealer training, the Fourth Circuit ruled on Monday. The ruling revives a class action against PPE Casino Resorts Maryland, the owner of Maryland Live!, a $500 million casino complex in...
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If no blog posts appear in this area, there are no new blog posts this week.
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