Disciplinary Action including False Statements was not Adverse Action

Patricia Wagner left her job after receiving a written reprimand, including false statements, from the sheriff. Wagner sued the sheriff under 42 U.S.C. § 1983 alleging she suffered an adverse employment action in retaliation of her protected speech. On appeal, The United States Court of Appeals for the Eight Circuit concluded that Wagner could not prove her prima facie case of retaliation. Further, the Eight Circuit explained “a reprimand is an adverse employment action only when the employer uses it as a basis for changing the terms or conditions of the employee’s job for the worse.” Wagner left her job on her own and thus, did not suffer a termination, cut in pay or benefits, or change in job duties or responsibilities. Wagner v. Campbell, 2015.

 

http://hr.cch.com/ELD/WagnerCampbell030415.pdf

ACLU Assists Pregnant Employee (Asheville, North Carolina)

After being employed with Sava Senior Care’s Brain Center Health and Rehabilitation in Weaverville, NC for two years, Jamie Cole was unable to return to work due to a complicated pregnancy. In April 2013 Cole’s doctor recommending that she no longer do any lifting. Cole submitted a Reasonable Accommodation Acknowledgement form, which was denied. Cole was informed that she could not return to work until there were no restrictions at all. The Federal Pregnancy Discrimination Act requires that pregnant workers receive the same treatment as other temporarily disabled workers. Cole has filed a complaint with the EEOC alleging that she was discriminated against based on her pregnancy. The Americans Civil Liberties Union is helping Cole with her case pro bono. Along with Cole’s case, pregnancy discrimination is an important issue in North Carolina because the state is one of four with no laws of its own protecting pregnant or breastfeeding employees.

http://www.citizen-times.com/story/news/local/2015/01/10/battling-right-work-pregnant-nc/21570149/​

Workplace Harassment Still Major Employee Concern

According to EEOC Chair, Jenny R. Yang, approximately 30 percent of all charges filed with the EEOC are based on workplace harassment. To prevent workplace harassment, Yang is establishing a task force to bring together experts from the employer community to identify effective strategies to prevent and remedy workplace harassment. Yang hopes to deter workplace harassment by making sure employees are informed of their rights, and by informing employers on how to best implement and enforce harassment policies. Legal Counsel of the EEOC expressed that having a policy is insufficient if it is not communicated understandably to the workforce.

http://www.eeoc.gov/eeoc/newsroom/release/1-14-15.cfm

Does any statute of limitations apply?

On January 6, 2015, the D.C. Circuit held that the six-year statute of limitations for suits against the United States does not apply to Title VII actions by federal employees. In February 1995 two federal employees filed an administrative complaint alleging “Racial Discrimination against African Americans in the Department of Commerce.” After complying with EEOC guidelines for over ten years, the complaint was dismissed on July 16, 2010. On appeal, relying on Supreme Court precedent, the D.C. Circuit explained that following the six-year statute of limitations would undermine Congress’s goal of encouraging employees to resolve their employment discrimination disputes administratively. The case was remanded for further proceedings.

http://hr.cch.com/ELD/HowardPritzker.pdf

Security Guards Entitled to Overtime

On January 8, 2015, the California Supreme Court concluded that security guards, who spent on-call hours at construction sites, were entitled to compensation for all on-call hours. CPS Security Solutions employed security guards to provide security at construction worksites. During the weekdays and weekends the guards were required to reside in a trailer provided by CPS while being on-call for eight hours. The guards were not compensated for these eight hours. Due to CPS being in control of the guards’ actions and movement for eight hours, the state high court determined that compensation was required.

Mendiola v. CPS Sec. Solutions, Inc., No. S212704, 2015 WL 107082, at *2 (Cal. Jan. 8, 2015)

Because I focus my practice on employment law and most of my clients are employees, I consult with dozens of people who have been treated horribly at work and many who have been fired.  The law in North Carolina is not favorable for employees so I have to give many people the bad news that they have no legal claim.  The majority listen to me and, while perhaps not happy with the information I give them, understand that there is no legal claim available to them.  However, there are people each week who get mad at me for giving them bad news. They may say nasty things to me during the consultations, send me nasty emails or even go on websites to give nasty reviews or make nasty comments.

Every now and then there is a person who truly appreciates the advice and counsel I have provided. Those people understand that the law in this state is the problem. And sometimes those people provide wonderful feedback like this that helps to make me feel my work for employees is worthwhile:

From: *******
To: *****@theangellawfirm.com
Sent: Wednesday, October 29, 2014 5:36 PM
Subject: Lesson Learned!

Good Afternoon Mr. Angel,

 

I just wanted to thank you for meeting with me this afternoon and being honest about this case and I'm elated!!! I guess you say, "I 'm just doing my job", well everyone is not as candid and honest as you were this afternoon.  I would rather hear the truth and move forward than waste money on charlatans and  frivolous claims and that was worth whatever I had to spend for your services. I wish I would have  gone to you first ,  well lesson learned.  Thanks again and feel free to post my comment on your blog!​

Supreme Court Invalidates Recent NLRB Social Media Cases

On June 26, 2014, the Supreme Court concluded that three of President Obama’s appointments to the National Labor Relations Board (NLRB) made in January 2012, without Senate confirmation, were unconstitutional. As a result, more than 700 decisions from the NLRB from January 4, 2012 through July 31, 2013 are now invalid. The NLRB must now reconsider many decisions that affect both union and non-union workers. The decisions include cases where the NLRB limited the rights of employers in the workplace. The most impactful decisions the NLRB can expect to reconsider are its cases focused on social media, and the employer’s limitation to regulate employees’ social media post.