Sixth Circuit Reverses Dismissal of FMLA Claim
In Milman v. Feiger & Feiger, P.C. (6th Cir., No. 21-2685, 01/25/2023), Milman sued the employer law firm, alleging the employer violated the FMLA when it terminated her immediately after she requested unpaid leave to care of her son. The Sixth Circuit reversed...
Last Chance Agreement Overcomes Race Claim
In Blount v. Stanley Engineering Fastening (6th Cir., No. 22-5356, 12/15/2022), Blount sued his employer for race discrimination and retaliation under the Kentucky Civil Rights Act. He had been fired for using his cell phone while sitting in an idling forklift - in...
FLRA Restores Standard on Interlocutory Appeals
In U.S. Department of the Army and National Federation of Federal Employees, 73 FLRA No. 70 (Dec. 8, 2022), the Federal Labor Relations Authority (“the Authority”) reversed a Trump-era standard for interlocutory appeals of arbitration awards under The Federal Service...
Tennessee Court of Appeals: No Enforceable Employment Contract in Handbook Equals No Arbitration
In Mankin Media Systems, Inc. v. Corder (Tenn. Ct. App., M.S., 6/30/22), the employer Mankin Media sued Corder, a former employee, alleging breach of contract and related claims arising from his departure from the company and potential competition with a new employer....
Analysis – Supreme Court Limits Federal Court Jurisdiction in Review of Arbitration Awards
In Badgerow v. Walters, 596 U.S. __, 142 S.Ct. 1310 (2022), the Supreme Court recently held that federal courts may not examine the underlying substance of an arbitration award in order to establish federal jurisdiction under Sections 9 and 10 of the Federal...
Fourth Circuit Denies Arbitration Under Employee Handbook Policy
In Coady, et al. v. Nationwide Motor Sales (4th Cir., No. 20-2302, 4/25/2022), a group of employees sued the former employer alleging fraudulent payment practices. The employer moved to compel arbitration, relying on arbitration agreement language contained in its...