Category Archives: Employment and Labour Law

Seiner's Employment Discrimination Goes to 2d Edition

Congratulation to Joe Seiner (South Carolina) — the second edition of his Employment Discrimination casebook has just been published by Wolters Kluwer. Here are the publisher's notes: This streamlined, straightforward casebook offers a fresh perspective on employment discrimination law, presenting….. To continue reading this legal news please click Read full information...

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We Support World Bipolar Day

A disability claim can arise as a result of a physical injury or physical or psychological illness. The lawyers at Aaron Waxman and Associates have experience with representing clients for various physical and psychological illnesses, including short-term and long-term disability claims where people are unable to work as a result of symptoms of various mood disorders.On March 30, 2019, it is World Bipolar Day (WBD). World Bipolar Day is an annual awareness day and educational initiative, celebrated on the birthday of Vincent Van Gogh (who was thought to have bipolar disorder, and it is thought that there is a link between creativity and bipolar disorder). WBD is meant to bring awareness to bipolar disorder and work towards ending stigma. It is a collaborative effort of multiple bipolar disorder foundations: the Asian Network of Bipolar Disorder (ANBD), International Bipolar Foundation (IBPF), and International Society for Bipolar Disorders (ISBD). The goal of World Bipolar….. To continue reading this legal news please click Read full information...

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EEO-1 Part 2 – Update

This week, the U.S. District Court granted the EEOC’s request for a brief reprieve (until April 3) to provide information to federal contractors about what and when they will need to file the EEO-1 Part 2 pay data report.  The judge told the EEOC to spell out how pay data will be collected, when it is due and how employers should format the data.  The Department of Justice, arguing for EEOC, claimed EEOC’s systems were not prepared to accept the influx of data, but that they were working hard to modify their systems.  For the first time, the Court acknowledged the difficulty employers face, the judge stating “I am mindful of the fact that this is a significant burden…the employers are waiting.” The plaintiffs will have an opportunity to respond to EEOC’s plan no later than April 8... To continue reading this legal news please click Read full information...

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Arbitrator: City ordinance could not modify firefighters pension plan set forth in cba

Arbitrator Michel Ryan has upheld a grievance filed by IAFF Local 2748 against the City of Warwick, RI. (here) The grievance asserted that the City had unilaterally modified the firefighter's pension plan through passage of a City ordinance creating a two tier plan applicable to new hires.  Arbitrator Ryan initially rejected the City's claim that the grievance had not been filed in a timely manner, accepting the Union's explanation that it waited to file the grievance to see if the City would in fact implement the new plan. He noted further that, in any event, the grievance was timely "as a 'continuing' violation, which would have the same remedy because nothing actually changed more than 30 days before the grievance was filed."On  the merits, he concluded that "There is really no dispute that the two-tier plan under the Amended Ordinance violates the CBA." He rejected the City's claim that, as a matter of law,….. To continue reading this legal news please click Read full information...

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How to Decide Whether to Sue Under FMLA or CFRA Or Both

If you are bringing a lawsuit against your employer for violating your medical leave rights, there are a number of possible important reasons why you should consider including only FMLA, only CFRA or both claims in your lawsuit, even if they appear to be in many ways similar: Avoiding removal of your case to federal court. If you include the federal FMLA claim, in some cases you employer will have the right to remove your case from State to Federal Court. While this is not the end of the world, there are a number of important advantages to pursuing your case in State court, and if there is a way to prevent removal, you should consider suing the employer only under CFRA. If removal is not an issue, however, then including both FMLA and CFRA claim might be advantageous to maximizing your right to recover damages, as mentioned below. Individual liability under FMLA. Interestingly, under FMLA (but not CFRA), individual managers may be held liable for violating your FMLA rights if….. To continue reading this legal news please click Read full information...

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