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Sixth Circuit Rules Union Retiree Health Benefits Not Arbitrable

Sixth Circuit Rules Union Retiree Health Benefits Not Arbitrable

by Mark Travis | Apr 10, 2021 | Labor Law

In United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied-Industrial and Service Workers International Union, AFL-CIO-CLC v. LLFlex, LLC, 2021 WL 1123301 (6th Cir., March 24, 2021), the Sixth Circuit, in a split decision, held that a dispute between a...
Sixth Circuit Holds FCA Retaliation Applies Post-Termination

Sixth Circuit Holds FCA Retaliation Applies Post-Termination

by Mark Travis | Apr 2, 2021 | Retaliation and Whistle-Blowing

In Felten v. William Beaumont Hospital (6th Cir., No. 20-1002, March 31, 2021), Felten sued the employer hospital under the False Claims Act (“FCA”), alleging payment of kickbacks to physicians in exchange for Medicare and Medicaid referrals. He alleged...
“Manifest Disregard” Argument Fails in Fifth Circuit Court of Appeals

“Manifest Disregard” Argument Fails in Fifth Circuit Court of Appeals

by Mark Travis | Mar 22, 2021 | Arbitration

In Jones v. Michaels Stores, Inc., (5th Cir., No. 20-30428, 3/15/2021), Jones invoked arbitration with her employer after she was fired, alleging violations of the company handbook. The arbitrator dismissed her claim based on Jones’ status as an employee-at-will....
Off-Duty Conduct May Constitute Sexual Harassment – Tennessee Court of Appeals

Off-Duty Conduct May Constitute Sexual Harassment – Tennessee Court of Appeals

by Mark Travis | Mar 13, 2021 | THRA

In Phelps v. State of Tennessee, (Tenn. Ct. App., M.S., 3/10/21), Plaintiff Phelps brought an action for sexual harassment, discrimination, and retaliation under the Tennessee Human Rights Act (“THRA”) against her employer, the State of Tennessee. Plaintiff worked as...
“Hire Younger Tellers” – No Direct Evidence of Age Bias in Sixth Circuit

“Hire Younger Tellers” – No Direct Evidence of Age Bias in Sixth Circuit

by Mark Travis | Jan 16, 2021 | ADEA

In Pelcha v. MW Bancorp and Watch Hill Bank, (6th Cir., No. 20-3511, 01/12/2021), employee Melanie Pelcha, age 47, was terminated from her employment on the recommendation of a new supervisor who had implemented a rule requiring employees to submit advance written...
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  • Sixth Circuit Breaks from Other Circuits on Liability for Sexual Harassment by Customer
  • Sixth Circuit Affirms Vacatur of Jury Verdict in ADEA Case
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