So, now Coach Art Briles has sued Baylor University for “wrongful termination.” See San Antonio Express News report. The saga of the Baylor University football team reached its apex a few weeks ago when the Pepper Hamilton law firm report was released. The report implicated Baylor University officials, including Coach Briles, in the half
Trump Seeks To Muzzle Military Leaders
One of the frightening things about Donald Trump is his tendency to shoot from the hip. He makes decisions, important policy decisions based on unfounded assumptions. One policy matter with which I am familiar is the military. Some months ago, he said a couple of times that he would insist that the military engage in
Overtime Rules Are Changed
So, fewer “managers” will be eligible for overtime. The Department of Labor raised the salary rate at which overtime would apply. I previously wrote about this change here. The salary level for certain low level managerial jobs is currently $23,660. If a low level manager is paid that amount or less, s/he would be
Unintended Consequences of Arbitration
One of the unintended consequences of arbitration is what to do when arbitration is invoked? Employment arbitrations typically start with an employment lawsuit. The employee often forgets s/he had even signed an arbitration agreement. So, the employee files the lawsuit, not anticipating a claim for arbitration. Then, the employer pulls out the arbitration agreement from
Iraqi Man Booted for Speaking Arabic
I am not surprised really. A young Iraqi man was booted from a Southwest Airlines flight after he spoke Arabic on his cell phone. He was talking to his uncle and describing an event earlier that week at which the head of the United Nations, Ban Ki-Moon, had appeared. In closing the phone call with
Arbitration Favors the Repeat Player
Arbitration in employment cases is still new. It is also private. So, researchers have not had access to arbitration decisions or awards. But, a statute passed in California requires the arbitrators to make public their decisions. One Cornell researcher obtained those public awards and found some remarkable trends. The largest provider of arbitration services is
Automatic Deletion of Video Recording is not Spoliation
We see a lot of discovery issues regarding electronic data, these days. For example, many employers use cameras inside the place of employment. What if those cameras record alleged conduct that leads to termination? The court in EEOC v. Chipotle Mexican Grill, 98 F.Supp.3d 198, 2015 US LEXIS 42187 (D. Mass. 3/30/2015) addressed such
McDonald’s Case is Test for New Joint Employer Standard
McDonald’s hamburger chain is facing the first test of a new approach to franchise workers. The new approach started with a NLRB decision last Summer that found in certain cases, the parent franchisor could be responsible for employment decisions made by the franchisee. See my comment about that decision here.
The McDonald’s case started
Employer Sought to Rummage Through Plaintiff’s Former Jobs
One recurring issue in employment cases is the breadth of discovery that is allowable. Many employers want to seek the records of the plaintiff’s former jobs. That means the employer can possibly rummage around the employee’s former jobs and see if there is any dirt that will help the employer. Unfortunately, some plaintiff attorneys do
Trump Spokesperson Tweeted about “Pure Breeds”
So, back in 2012, the presidential election was between Barack Obama, son of a black father and white mother, and Mitt Romney, whose father was born in Mexico. Don Trump’s spokesperson tweeted at the time: “Perfect Obama’s dad born in Africa, Mitt Romney’s dad born in Mexico. Any pure breeds left?” See CBS news report