Doctors and Lawyers and Such

By Emily Keimig When doctors and lawyers get sideways with their business partners, they might dispute whether one or more of them are really “employees.” In a recent case, an anesthesiologist alleged disability and sex discrimination. To get relief under the statutes, though, the doctor had to be an employee. The doctor was one of […]

A PIP of a Discharge Claim

By Bill Wright If you put an employee on a performance improvement plan (“PIP”), can he resign, sue on some theory or other, and collect damages as though he had been discharged? Two employees in Texas tried it. The employees contended that they were top performers, but that, because of their age and/or race, they […]

No “Harmony,” No Arbitration

By Lori Phillips When AmeriPlan terminated contracts with numerous “independent business owners” (“IBOs”), four IBOs—who had achieved the rank of Sales Director and earned “lifetime residual income” through commissions from their own recruits—brought suit for breach of contract. AmeriPlan moved to compel arbitration. The agreement with each of the parties spanned three documents—a Broker Application, […]

Hairdresser Pushes on to ADA Trial

By Bryan Stillwagon A hairdresser in a nursing home had restrictions on pushing and lifting after a hysterectomy. Previously, plaintiff pushed wheelchair-bound residents to and from the beauty shop two days a week. When plaintiff notified the nursing home Administrator of her restriction and requested someone else transport the residents to the beauty shop, he […]

NLRB and Union in Cahoots—Employer Still Loses

By Just John An employer’s bid to quash three ridiculously overbroad NLRB subpoenas fell short even though the trial court repeatedly said it disapproved of the NLRB’s tactics. The SEIU filed unfair labor practice charges against a hospital, claiming the hospital interfered with unionizing. After the NLRB issued a complaint on the charges, it hit […]

EEOC Dragged Through Texas Roadhouse

By Just John In a positively sublime “man bites dog” story, Texas Roadhouse restaurants recently sued the EEOC for alleged violations of the Freedom of Information Act (“FOIA”). The story begins in 2011, when the EEOC filed a national class action against the chain, alleging that it systematically discriminates against applicants over 40 with respect […]

Federal Contractors Beware – Part 6

By Lori Wright Keffer On February 12, 2014, President Obama signed Executive Order 13658, entitled “Establishing a Minimum Wage for Contractors”, ordering a minimum wage increase to $10.10 for workers on federal construction and service contracts. Now, the Department of Labor has published a final rule on the matter. The final rule clarifies that the […]

Chinese Arbitration Pact Enforced

By Lori Phillips Modern Space, located in Shanghai, China, extended to Plaintiff a written offer of employment setting out basic terms, including the requirement that the parties enter a separate, written employment contract (“Labor Contract”). The Labor Contract included an arbitration provision requiring any dispute arising under the contract to be submitted to arbitration within […]

NLRB Rejects Opportunity

By Patrick Scully On September 30, 2014, the NLRB rejected the opinion of the District of Columbia Circuit in FedEx Home Delivery v. NLRB, 563 F.3d 492 (D.C. Cir. 2009) and found that an individual’s entrepreneurial opportunity for gain or loss IS NOT an animating factor in determining whether that individual is an independent contractor. […]