News & Analysis as of

Summary Judgment Collective Bargaining Agreements (CBA)

U.S. Equal Employment Opportunity Commission...

EEOC Wins Summary Judgment Against Urbana School District No. 116 in Age Discrimination Case

Federal Judge Agrees with EEOC that School District Discriminated Against Older Teachers and Orders District to Pay over $51,000 in Damages - CHICAGO – A federal judge ruled in favor of the U.S. Equal Employment...more

Genova Burns LLC

New Jersey Appellate Division Rules Termination Of An Older Employee Is Not Always Age Discrimination

Genova Burns LLC on

On May 26, 2023, the New Jersey Appellate Division in Kalloo v. New York New Jersey Rail, LLC affirmed summary judgment in favor of the employer finding there was no evidence that age played any role in the termination of the...more

Rumberger | Kirk

Third DCA Makes Rare Finding Against Arbitrability where Arbitration Clause is Present in Contract

Rumberger | Kirk on

On March 10, 2021, the Florida Third District Court of Appeal made a rare finding against arbitrability where an arbitration clause was present in a contract. Such a finding reminds contractors, vendors, and consumer service...more

Seyfarth Shaw LLP

Unlikely Ally: Employer Makes A Meal Out Of CBA Waiver

Seyfarth Shaw LLP on

Seyfarth Synopsis: A collective bargaining agreement, to permissibly waive a negotiable statutory right, must do so in a clear and unmistakable manner, by mentioning either the statutory protection being waived or the statute...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Finds ADA Claims Brought by Employee With Cerebral Palsy Can Go Forward

Facially neutral decisions that are part of routine workforce reductions may not hold up in court if the only employee to be discharged in a group belongs to a protected class. In Schwartz v. Clark County, No. 14-16365 (May...more

FordHarrison

Does New Jersey's Conscientious "Everyone" Protection Act Trump the NLRB's Exclusive Jurisdiction? State Supreme Court says "Yes"...

FordHarrison on

Executive Summary: Just when employers thought New Jersey's Supreme Court could not expand the state's whistleblower law further (as we reported last summer), the Conscientious Employee Protection Act (CEPA) once again has...more

Tucker Arensberg, P.C.

Teacher’s Verbal Abuse of Student Does Not Rise to “Conscious-Shocking” Level Necessary to Support Due Process Claim

Tucker Arensberg, P.C. on

L.H. and C.H. v. Pittston Area Sch. Dist., 130 F. Supp. 3d 918 (M.D. Pa 2015) (Decided September 10, 2015). The District Court for the Middle District of Pennsylvania determined that verbal abuse by a teacher, by itself,...more

Proskauer - Employee Benefits & Executive...

District Court Rules Johnson Controls Retirees Not Entitled to Lifetime Health Benefits

A district court in the Middle District of Pennsylvania held that, notwithstanding the Supreme Court’s decision in M & G Polymers USA, LLC v. Tackett, 135 S. Ct. 926 (2015), the Third Circuit’s rule that clear and express...more

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