Management's Workplace Lawyers

June 2017 E-Update

June 30, 2017

Federal Labor Law Does Not Preempt State Law Trespass Claims

Maryland’s highest court held that the National Labor Relations Act does not preempt an employer’s trespass and nuisance claims against a union that had staged disruptive demonstrations at the employer’s stores, and it upheld the lower court’s permanent injunction against the union. 

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Maryland Federal Courts Provide Guidance on Post-Employment Restrictions

Both the U.S. Court of Appeals for the 4th Circuit (which covers Maryland, Virginia, West Virginia, and the Carolinas) and the U.S. District Court for the District of Maryland issued opinions this month that offer some guidance to employers on various post-employment restrictions, including confidentiality agreements and trade secret litigation, as well as non-compete and non-solicitation agreements.

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Class Waiver Battle Heats Up

The National Labor Relations Board’s position that waivers of the right to bring class or collective actions over employment-related disputes violate the National Labor Relations Act is being rejected by the Trump Department of Justice, even as federal Circuit Courts deepen the split over this issue. The Supreme Court is poised to resolve this issue. 

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Employer Should Have Accommodated Employee's "Mark of the Beast" Concern

Where an employer had offered alternatives to a hand scanner to other employees for non-religious reasons, its refusal to permit an employee with religious objections the same alternatives was a violation of Title VII. Moreover, according to U.S. Court of Appeals for the 4th Circuit, the unreasonableness of the employee’s belief was irrelevant, as long as it was sincere. 

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NLRB's Revised Backpay Formula Upheld by Federal Court

The National Labor Relations Board’s revised backpay formula, which requires compensation for search-for-work and interim employment expenses, was upheld by the U.S. Court of Appeals for the D.C. Circuit. 

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No Retaliation Where Employer Mistakenly Believed Employee Lied

The U.S. Court of Appeals found that an employee’s claim for retaliation under Title VII failed where her termination was based on the employer’s mistaken belief that she had lied in reporting harassment by a manager. 

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Despite Failed Medical Exam, Employee's Actual Performance Supported ADA Claim

In a cautionary tale for employers, the U.S. Court of Appeals for the 10th Circuit emphasized the significance of an employee’s actual performance of job duties, despite the fact that he failed a required medical exam. 

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Failure to Provide FMLA Notice Constitutes Interference with Rights

An employer that failed to advise an employee of his rights under the Family and Medical Leave Act could be liable for FMLA interference, according to the U.S. Court of Appeals for the 6th Circuit.

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Supervisor's Text Messages Constitute Unlawful Interrogation

According to the National Labor Relations Board, a supervisor’s text messages to an employee that included a question about whether the employee was working for the employer or for the union violated the National Labor Relations Act. 

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TOP TIP: Make Sure to Provide Those Tip Credit Notices to Tipped Employees!

A recent case reminds employers of the need to provide notice to tipped employees if they intend to use tip credits towards their minimum wage obligation, in accordance with the Fair Labor Standards Act.

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