Obesity is sometimes referred to as a growing epidemic. There is more obesity today. But, obesity in itself does not rise to the level of a disability, according to a recent Eighth Circuit Court of Appeals decision. In Morriss v. BNSF Railway Company, No. 14-3858 (8th Cir. 4/5/2016), the plaintiff was 5’10” and weighed
Chicken Little and the Browning-Ferris Decision
Sometimes, the San Antonio Express-News just does not get the story straight. In a story, entitled “Franchisees Fear a Chain of Ruin,” the report suggests the NLRB has made drastic changes to the law regarding joint employers. See San Antonio Express-News report. The NLRB has done nothing like that. See my prior post about
U.S. Supreme Court Hears Case Regarding Mandatory Union Fees
Yesterday, the U.S. Supreme Court heard oral arguments in a challenge to the long accepted rule that when public sector unions negotiate, they negotiate on behalf of all employees, not just those who are members. A person can work at a union work place, but not be a member of the union. If a worker
Third Court Denies Scientology Motion to Dismiss
In the world of litigation, we see some pretty strange lawsuits. One such lawsuit concerns Monique Rathbun and the Church of Scientology. Monique and Marty Rathbun moved to the Texas Gulf Coast some ten years ago. Marty was the former second-in-charge for the Church of Scientology. The Church followed them to the small town in
NLRB Does not Allow College Football Players to Organize Unions
Well, the National Labor Relations Board (NLRB) has reversed the regional director in Chicago who had ruled that Northwestern University football players could form a union. The ruling from the national level found, instead that allowing union organizing could lead to imbalances in competitive football. See CBS news report. The ruling did not address
Private University Claims to be an Arm of State Government
Frivolous lawsuits and frivolous defenses have always been around. We see one such frivolous defense in the appeal filed by University of the Incarnate Word. UIW is being sued by the family of Cameron Redus. Mr. Redus was shot by a UIW police officer in 2013 after a traffic stop. The family sued UIW. Now,
DOL Issues New Guidance Regarding Independent Contractors
The Department of Labor, Wage and Hour Division, has issued new interpretative guidance regarding independent contractors. As I have mentioned before, many employers are trying to stretch the limits of independent contractors to include as many employees as possible. See my post here. This trend has been ongoing for a decade or more. The
Texas Whistleblower Protects State, Local Government Employees
Texas has limited whistleblower protection. Texas Government Code Sec. 554 protects public employees who report violations of law to the appropriate law enforcement agency. See statute. The Texas Whistleblower Act provides for a 90 days deadline in which to file suit. It also requires an employee to first file a grievance if the state
Supreme Court Addresses Pregnant Workers
The U.S. Supreme Court has issued its decision in Young v. UPS. Young concerned a female driver who became pregnant and was then refused an accommodation involving lifting restrictions. She could not lift over a certain weight limit. The plaintiff argued that she was treated differently than non-pregnant drivers with disabilities who could receive
Veteran’s Case Goes to Jury
The jury will decide whether Juan Alonzo-Miranda needed a dog at work to deal with his PTSD. The testimony wrapped up yesterday in the trial regarding his request for an accommodation. Schlumberger hired a psychiatrist to testify. Dr. Seth Silverman never examined Mr. Alonzo-Miranda. All he knows is what he learned by reading documents. But,