an update for the week of may 1, 2006
today's workplace: the employee rights blog
Immigrant Workers and Supporters March on May Day: This year, the worldwide observance of May Day, International Worker's Day, had a special focus in the United States, as it coincided with "A Day Without Immigrants," designed to draw attention to the impact of immigrant workers on our economy. That's as it should be, as the issue of illegal immigration is largely the story of workers who made the decision to leave their home countries in order to work in the United States, with or without documentation. Regardless of your views about illegal immigration, the impact of undocumented workers on the U.S. economy is significant, and no feasible solution can fail to address the plight of immigrant workers and the employers who alternatively rely on them and exploit them.
this week in the courts
Decision Date: April 28, 2006
Summary judgment for an employer on petitioner's administrative complaint of wrongful discharge is reversed where an administrative review board incorrectly held that petitioner was not entitled to equitable tolling of his untimely filed federal administrative claim because his timely and completely preempted state complaint asserted a different claim.
Davis v. Wisconsin Dep't of Corr.  (Seventh Circuit; No. 05-1946)
Decision Date: April 27, 2006
Denials of defendants' motions for judgment as a matter of law and new trial in an employment discrimination case are affirmed where: 1) plaintiff presented circumstantial evidence that could demonstrate pretext and discrimination; 2) the jury did not credit defendants' explanations; and 3) the decision did not result in a miscarriage of justice.
Moore v. Rohm & Haas Co.  (Sixth Circuit; No. 05-3472)
Decision Date: April 26, 2006
Dismissal without prejudice of a purported class action suit brought by retirees involving defendants' denial of collectively-bargained-for health benefits is reversed where, under both the Labor Management Relations Act (LMRA) and the Employee Retirement Income Security Act (ERISA), venue was properly laid in the Northern District of Ohio.
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