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Labor & Employment

Dec 8, 2021

Labor & Employment – At Will – Contract – Implied Covenant of Good Faith – Tortious Interference

In response to questions certified by the federal district court, we hold that (1) terminable-at-will employment relationships are contractual in nature as a matter of law, (2) the implied covenant of good faith and fair dealing arises in the context of terminable-at-will employment relationships, (3) an employer’s termination of an at-will employee cannot give rise […]

Dec 7, 2021

Labor & Employment – Equal Pay claim turns on wage rate, not total compensation

Where an employee alleges she was paid less than male comparators, courts should only consider an employee’s base salary or wage rate, and not additional compensation like commissions. Background This appeal arises from the district court’s grant of summary judgment to Tactile Systems Technology Inc. on Tracy Sempowich’s discrimination, retaliation and Equal Pay Act claims. […]

Dec 7, 2021

Labor & Employment – WARN Act liability doesn’t extend to non-employer

Where employees constructing a nuclear station alleged the owner violated the Worker Adjustment and Retraining Notification, or WARN, Act when it halted construction at the facility, the owner wasn’t liable because it wasn’t the plaintiffs’ employer. Background In 2017, SCANA, an electric and natural gas public utility, halted construction at a nuclear station in South […]

Nov 29, 2021

Labor & Employment – Federal employees can’t sue for disparate impact under ADEA

The text, structure and the legal landscape in which the Age Discrimination in Employment Act, or ADEA, was passed law do not support a finding that the statute’s federal-sector provision encompasses disparate-impact liability. Background Dr. Jane DiCocco brought Title VII and Age Discrimination in Employment Act, or ADEA, claims because she failed an allegedly discriminatory […]

Nov 10, 2021

Labor & Employment – Families First Coronavirus Response Act – Diagnosis Sought – FLSA – Tip Pool

Plaintiff, a restaurant server, came to work despite the fact that his housemate had symptoms of COVID-19. An hour into his shift, plaintiff developed symptoms, tried to tell his manager, told an off-duty supervisor, and left work to seek a diagnosis. Despite the fact that plaintiff was later diagnosed with an anxiety attack, he has […]

Sep 17, 2021

Labor/Employment – Government contractor not plaintiff’s ‘employer’

Where the government contractor did not supervise plaintiff’s work product, determine her hours or provide her with equipment necessary to perform her duties, it lacked the degree of control over the essential terms and conditions of her work necessary to make it her “employer.” Because the Americans with Disabilities Act, or ADA, does not extend […]

Aug 31, 2021

Labor/Employment – County must pay winning party’s attorneys’ fees

Where Montgomery County transferred a blind employee to her requested customer service position at a countywide call center after a jury found its failure to do so amounted to discrimination, she was entitled to recover reasonable attorneys’ fees, costs and expenses under the Rehabilitation Act as a “prevailing party.” Background This case stems from Montgomery […]

Jul 20, 2021

Labor/Employment – Company had under 100 employees, case nixed

Where the Worker Adjustment and Retraining Notification, or WARN, Act applies only if the company employed 100 or more full-time employees on the date the first notice was required, and the undisputed evidence was that the government contractor employed fewer than 100 full-time employees on that date, it was not liable under the WARN Act. […]

Jul 20, 2021

Labor/Employment – Notices on negotiations wasn’t unfair labor practice

Where the manufacturing company posted notices about then-ongoing negotiations with the union, but did so in a straightforward manner that expressed its position without directly or indirectly soliciting employee action, it did not commit an unfair labor practice. Background Tecnocap LLC, petitioned for review of an order of the National Labor Relations Board, or NLRB, […]

Jun 28, 2021

Labor/Employment – Creation of job-share not required by ADA

Where there was no existing “job sharing” position available for the pharmaceutical sales representative in the district, the company had no duty to create one in order to reasonably accommodate her disability. Although the company had previously permitted her to share a position, it was not required to do so again. Background Janet Perdue sued […]

Jun 21, 2021

Labor/Employment – Leak about inmate’s death not protected speech

Where an employee of the York County Sheriff’s Office was terminated after he disclosed confidential information about an ongoing investigation into an inmate’s death to his wife, who worked at a local news station and then lied to internal investigators about that disclosure, his First Amendment retaliation suit was dismissed because the government’s interest in […]

Jun 4, 2021

Labor/Employment – Same-sex harassment can be proved several ways

In a case of first impression, the court joined other circuits in holding that, while the Supreme Court in Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998), identified three evidentiary routes for employees to prove they are victims of same-sex harassment based on gender, employees are not limited to those three avenues. Background Chazz […]

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