an update for the week of march 24, 2004
Call your Senator TODAY (March 24) and ask him or her to support the Harkin overtime amendment. Call the Senate switchboard at (202)234-3121 and ask to be transferred to the senators in your state. For more information on this issue or to find the senators in your state, please click the overtime alert on the right side of this newsletter.
today's workplace: the employee rights blog
It's an Election Year, and Your Employer Wants You to Vote--Wonder Why?: It's a Presidential election year, and accordingly the politically active among us are intensifying their "get out the vote" (GOTV) efforts, which until November will operate at a fevered pitch. Especially after the 2000 election, where the nation saw a scant handful of votes decide the presidency, both political parties know the importance of getting as many individuals registered to vote as possible, and motivating those who are registered to go to the polls on Election Day. Now there's word of a powerful new player in the GOTV world: major employers, who are disseminating information to their employees to encourage more voting. Guess whose interests those employers hope their employees' votes will favor? That's right: the employer.
this week in the courts
Decision Date: March 17, 2004
Because plaintiff presented sufficient evidence of retaliation, summary judgment for defendant is vacated. The extremely short lapse of time between plaintiff's complaints and the negative reviews from his supervisor, the baseless attendance violations, evidence that he was being held to unrealistic standards, and his previous five-year flawless employment record raise the inference of causation.
JHP & Assocs., LLC v. NLRB  (Eighth Circuit; No. 03-2303, 03-2549)
Decision Date: March 16, 2004
Adverse inference rule permits but does not compel an adverse finding when the General Counsel does not call a witness within her control; in this case, the employee's testimony was hardly relevant and not significant in determining plaintiff's motive for discharging him. Finding of discriminatory discharge was supported by the record.
Embury v. King  (Ninth Circuit; No. 02-15030)
Decision Date: March 16, 2004
When a state removes a case to federal court, it waives Eleventh Amendment immunity.
Castro v. Chicago Hous. Auth.  (Seventh Circuit; No. 03-2892)
Decision Date: March 10, 2004
Municipal corporations such as the defendant are covered employers for purposes of the Worker Adjustment and Retraining Notification Act. Defendant violated the Act by failing to give its police officers and security personnel 60 days notice before termination; damages award is affirmed.
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