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Ross' Employment Law Blog 
By Ross Runkel, Professor of Law Emeritus, arbitrator, and editor at LawMemo.Com - First in Employment Law.
Post Frequency: 4.8/day Last Entry: March 29, 2011 at 20:01:45 Recent Entries: 439
Go to Ross' Employment Law Blog, find other Labor & Employment Law blogs, or browse all law blogs.
Medical marijuana law gives no protection from the boss
Posted on January 24, 2008Gary Ross got fired because his drug test was positive for marijuana. He was using marijuana to treat chronic back pain, doing so on the advice of his doctor. Ross sued his former employer claiming disability discrimination and claiming wrongful discharge in violation of public policy...
Supreme Court takes three employment law cases
Posted on January 19, 2008US Supreme Court granted certiorari in three employment law cases on January 18, 2008) Retaliation: Is cooperating with internal investigation protected activity? Crawford v. Metropolitan Government of Nashville Details, briefs: http://www.lawmemo...
ADA accommodation case taken off Supreme Court docket
Posted on January 15, 2008Huber v. Wal-Mart Stores, Inc. has been settled by the parties, and removed from the list of cases that the Supreme Court will decide this year. It raised an interesting issue: Whether the ADA requires an employer to reassign a disabled employee to a vacant position for which she is qualified, or merely permits the employee to apply and compete with other applicants for the vacant position...
Supreme Court takes "class of one" case
Posted on January 11, 2008This morning the US Supreme Court announced that it will decide whether, in the context of employment, there can be a "class of one" under the equal protection clause. Engquist v. Oregon Dept of Agriculture [Details] The ("liberal") 9th Circuit rejected a legal theory that many other circuits have adopted...
9th Circuit grants stay of injunction against San Francisco Health Care Security Ordinance
Posted on January 09, 2008Golden Gate Restaurant Assoc v. San Francisco (9th Cir 01/09/2008) Trial court opinion: http://www.lawmemo.com/docs/ca-nd/GoldenGate_order.pdf The 9th Circuit issued a 34 page decision staying an injunction that had been entered by a district court...
Age discrimination, retirement plans, and the Supreme Court
Posted on January 09, 2008Today the US Supreme Court hear oral arguments in Kentucky Retirement Systems v. EEOC [Click here for briefs, link to transcript, etc.]. EEOC sued claiming that a disability-retirement-benefits plan for state and county employees violates the Age Discrimination in Employment Act (ADEA)...
Bush's NLRB Legacy: #5 of 12
Posted on January 09, 2008Card-based recognitions must allow 45 day window for rival petitions. #5 in a series of 12 significant actions by the Bush Board. Dana Corporation, 351 NLRB No. 28 (September 29, 2007) (3-2) When a majority (more than half) of employees have signed cards authorizing a union to represent them, an employer has the option of either (a) recognizing the union based on the cards or (b) requiring that there be an NLRB-conducted secret ballot election...
Bush's NLRB Legacy: #4 of 12
Posted on January 07, 2008Employee misconduct discovered through employer's unlawful conduct. #4 in a series of 12 significant actions by the Bush Board. Anheuser-Busch, Inc., 351 NLRB No. 40 (September 29, 2007). The Board reaffirmed its 2004 holding that the NLRA prohibits the Board from granting a make-whole remedy to employees disciplined or discharged for misconduct discovered as a result of unlawful conduct by their employer...
Bush's NLRB Legacy: #3 of 12
Posted on January 04, 2008At-will strike replacements are "permanent" replacements. #3 in a series of 12 significant actions by the Bush Board. Jones Plastic & Engineering Co., 351 NLRB No. 11 (September 27, 2007) (3-2). It has long been the rule that when there is an economic strike (as opposed to an "unfair labor practice strike") the striking employees have a right to get their jobs back at the end of the strike unless the employer has hired "permanent replacements...
Punitive damages without an award of compensatory damages.
Posted on January 04, 2008Abner v. The Kansas City So RR (5th Cir 01/02/2008) Eight African American employees sued claiming a work environment hostile to race, in violation of Title VII and 42 USC 1981. A jury returned a verdict finding the employer liable, awarded no compensatory damages, and awarded $125,000 in punitive damages...
Bush's NLRB Legacy: #2 of 12
Posted on January 03, 2008Employee use of employer's email: no-solicitation rules and a definition of "discrimination" #2 in a series of 12 significant actions by the Bush Board. The Guard Publishing Company, d/b/a The Register Guard, 351 NLRB No. 70 (December 16, 2007) (3-2)...
2.5 MILLION for harrassing one employee
Posted on January 03, 2008Here's the EEOC press release: EEOC Says African American Electrician Subjected to ?N-Word? and Threats of Lynching at Worksites Across the Country HONOLULU -- The U.S Equal Employment Opportunity Commission (EEOC) today announced a major settlement of a race discrimination and retaliation lawsuit against Lockheed Martin, the world?s largest military contractor, for $2,500,000 and other relief on behalf of an African American electrician who was subjected to a racially hostile work environment at several job sites nationwide ? including threats of lynching and the ?N-word...
Bush's NLRB Legacy: #1 of 12
Posted on January 02, 2008Weingarten rights: non-union employees do not have them. #1 in a series of 12 significant actions by the Bush Board. IBM Corp., 341 NLRB No. 148 (06/09/2004) (3-2) A " Weingarten right" is the right of an employee to have a union representative present when called in by the employer for an investigative interview, where the employer is investigating alleged wrongdoing by the employee...
No BFOQ in ADA cases
Posted on January 02, 2008The 9th Circuit, in an en banc opinion, has rejected application of Title VII and ADEA bona fide occupational qualifications (BFOQ) in ADA cases. Bates v. UPS (9th Cir 12/28/2007) (en banc) (3-2) Bates sued the employer for violation of the Americans with Disabilities Act (ADA) alleging unlawful exclusion from driving vehicles of 10,000 pounds or less if hearing impaired...
Paul Secunda moving to Marquette
Posted on December 31, 2007Sincere congratulations to Paul Secunda upon his decision to accept a law teaching position at Marquette University Law School, effective the 2008-2009 school year. He is currently Jessie D. Puckett, Jr. Lecturer and Assistant Professor of Law at the University of Mississippi School of Law...
NLRB arranges for two-Member Board
Posted on December 28, 2007NLRB arranges for two-Member Board to issue decisions. NLRB delegates litigation authority to General Counsel. The NLRB took the following actions December 20, announced December 28: Anticipating a loss of two members when Congress adjourns in January, the National Labor Relations Board has unanimously decided to temporarily delegate to the General Counsel authority on all court litigation matters that otherwise would require Board authorization...
ERISA preempts San Francisco Health Care Security Ordinance
Posted on December 27, 2007United States District Court for the Northern District of California has held that San Francisco's Health Care Security Ordinance is preempted by ERISA. The ordinance would require private employers with 20 or more employees to make heath care expenditures of specific amounts per hour of work...
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Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
How can an employer defend themselves for firing an employee who contends the company exposed him to hazardardous atmospheres although medical testing has been negative?
You'll need to contact OSHA to determine your responsibility as far as the work ...
Does failure to provide health insurance benefits at the time promised constitute harm to the employee?
Yes. Failure to provide health insurance benefits is a violation of Labor Law ob...
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Age Discrimination in Employment Act
Equal Employment Opportunity Act
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Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
How can an employer defend themselves for firing an employee who contends the company exposed him to hazardardous atmospheres although medical testing has been negative?
You'll need to contact OSHA to determine your responsibility as far as the work ...
Does failure to provide health insurance benefits at the time promised constitute harm to the employee?
Yes. Failure to provide health insurance benefits is a violation of Labor Law ob...
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