Survey of US public companies sheds light on corporate aid to Japan

The Conference Board released findings on May 5 from a survey on contributions by U.S. public companies to relief efforts in Japan. “The recent crisis in Japan has resulted in an outpouring of support from citizens and corporations around the world,” said Matteo Tonello, research director of corporate leadership at The Conference Board. “Numerous relief […]

Spanish version of arbitration agreement was valid, grant of motion to compel arbitration of sex and disability bias, and reprisal claims affirmed

An employee was required to arbitrate her sex and disability discrimination and reprisal claims, despite her assertions that the Spanish version of the arbitration agreement that she signed was not valid, ruled the First Circuit Court of Appeals (Soto-Fonalledas v Ritz-Carlton San Juan Hotel Spa & Casino, May 4, 2011, Lynch, S). The appeals court […]

EEOC, HIV-positive plaintiff-intervenor failed to support allegations of disability bias; summary judgment for employer was proper

Finding a lack of evidence to support claims of discrimination and failure to accommodate, the Tenth Circuit affirmed summary judgment in favor of an employer on ADA claims filed by the EEOC and a former driver-trainer for the employer (EEOC v C.R. England, Inc, May 3, 2011, Holmes, J). Diagnosed with HIV in 1999, the […]

Another court calls out EEOC after agency fails to establish prima facie case on ADA claims

Another district court has jumped on the bandwagon that seems to have gained steam over the past few weeks in which courts are holding the EEOC accountable for untenable claims (EEOC v Tricore Reference Labs, April 27, 2011, Conway, J). After it had previously entered summary judgment in the employer’s favor on ADA claims brought […]

Employer’s attempt to refuse to comply with EEOC’s subpoena rejected

The Seventh Circuit affirmed a district court’s order enforcing an EEOC subpoena seeking information about an employer’s hiring practices, rejecting the employer’s argument that the requested materials were irrelevant to an employee’s charge of race discrimination (EEOC v Konica Minolta Bus Solutions, USA, Inc, April 29, 2011, Wood, D). The EEOC was within its authority […]

Violation of employer’s computer use restrictions “exceeds authorized access” under CFAA; dismissal of criminal counts based on more narrow interpretation reversed

An employee “exceeds authorized access” to information on a protected computer under the Computer Fraud and Abuse Act, 18 USC Sec. 1030, when “he or she violates the employer’s computer access restrictions — including use restrictions,” ruled the Ninth Circuit in a 2-1 decision (USA v Nosal, April 28, 2011, Trott, S). As such, the […]

FAA bars states from restricting class-action waivers in arbitration agreements

In a consumer case with broad implications for the arbitration of employment disputes, the U.S. Supreme Court ruled yesterday that the Federal Arbitration Act preempts states from prohibiting enforcement of arbitration agreements that bar classwide arbitration of disputes (AT&T Mobility LLC v Concepcion, Dkt No. 09-893, April 27, 2011, Scalia, A). In a 5-4 decision, […]

Store manager not entitled to discovery of information about potential class members in effort to satisfy predominance requirement of class action wage suit

An assistant store manager of a HomeGoods store in New York was not entitled to discovery of information about the identities of other employees who may be similarly situated in his wage suit asserting the managers were misclassified as exempt employees (Jenkins v The TJX Companies, Inc and HomeGoods, Inc, April 25, 2011, Wall, W). […]

No evidence that former employee disclosed confidential information; employer motion for restraining order denied

An employer was not likely to succeed on the merits of his claim that a former employee breached a non-compete clause, ruled a federal district court, because the employer had no evidence that the former employee had disclosed, or was threatening to disclose, confidential information to her new employer (PolyOne Corp v Barnett, April 21, […]

NLRB order requiring employer to restore prior CBA and bargain to valid impasse enforced

The NLRB was granted enforcement of an order requiring that an employer restore a previous collective bargaining agreement and bargain until the parties reached a new agreement or reached a valid impasse (NLRB v Whitesell Corp, April 22, 2011, Shephard, B). Substantial evidence supported NLRB findings that the employer failed to negotiate to a valid […]