After being terminated from his job, petitioner had until 24 March 2020 to file a grievance. Although petitioner testified that he watched his wife stamp and mail his grievance form on 20 March 2020, the respondent-employer presented evidence that it ...
Read More »Labor & Employment — Public Employees – Grievance Process – Subject Matter Jurisdiction – Timely Filing
Labor & Employment — Public Employees – Disability Benefits – Social Security Reduction – COLA Glitch 
Where the defendant-treasury department was statutorily required to recoup overpayments of disability benefits, defendant did not breach any contract with plaintiffs when it recouped overpayments made to them because of an error in defendant’s computer programming. We affirm the superior ...
Read More »Labor & Employment — REDA – Complaints to Supervisors – Retaliation Complaint – Employer 
Plaintiff’s complaints about safety concerns were made only to his supervisors; his complaints to the human resources department and to the U.S. Department of Labor were that he had been retaliated against for complaining to management about unsafe conditions and ...
Read More »Labor & Employment — Unemployment Benefits – Good Cause – Not Attributable to Employer 
Even though the petitioner-employee left his job for good cause—knee pain exacerbated by his job duties—since the cause was not attributable to the employer, petitioner is not entitled to unemployment benefits. We affirm the Court of Appeals’ decision, which upheld ...
Read More »Labor & Employment – Denial of extra pay not based on drama teacher’s race 
Where a high school drama teacher alleged the school board failed to pay him for his tech work because of his race, but he had been paid a theater director supplement and he did not allege that any other performing ...
Read More »Labor & Employment – No punitive damages for tardy contributions to fund 
Where unions sued a construction company for liquidated damages after it made a series of tardy payments to an employee health and welfare fund, the court joined three other circuits in holding that punitive damages are not recoverable in cases ...
Read More »Labor/Employment – Employee’s own allegations doom his ADA claims 
Where an employee confirmed in his deposition testimony that he had been “unable to work” since his relapse and failed to suggest a reasonable accommodation that would have allowed him to do so, his employer prevailed on wrongful termination and ...
Read More »Labor/Employment – Doctor’s race discrimination claim dismissed 
Where an Indian doctor alleged that she was denied privileges because of her race, but her complaint contained only vague and conclusory allegations that the hospital denied other physicians of Indian descent clinical privileges before or had a different peer ...
Read More »Labor & Employment – Bid for overtime ‘gap pay’ revived 
Where a woman alleged that she was underpaid for non-overtime hours during weeks in which she also worked overtime, the district court erred in granting her employer judgment on the pleadings. In accordance with the Department of Labor’s interpretation of ...
Read More »Labor & Employment – Employee stock ownership plan denied windfall 
Where the owner of a company sold his shares to the employee stock ownership plan, or ESOP, but the ESOP paid an inflated price for the shares, the owner was liable for the price difference. But, because he forgave certain ...
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