Saturday, January 28, 2017
- FRCP: Effective December 1, 2016, Federal Rule of Civil Procedure 6(d) was amended to remove the provision adding three days to the time to act following service by email
- US District Court ME: In granting plaintiff’s motion to remand pay discrimination claim to state court after finding no preemption under the Labor Management Relations Act, the court held that, while it may well be necessary for the plaintiff to consult her employer’s collective bargaining agreement to establish pay rates of male counterparts and to factor out seniority differentials in order to make her case, the mere reference to the CBA did not constitute “interpretation” of it requiring preemption
- Fourth Circuit: The court adopted a six-factor test (that is different from the First Circuit’s test) for determining “joint employer” status under the Fair Labor Standards Act, which test addresses the fundamental question of whether a purported joint employer shares or codetermines the essential terms and conditions of a worker’s employment
- First Circuit: The court held that qualified immunity barred First Amendment claim where a reasonable official could believe that plaintiff could be fired because of her political affiliation
- Maine Supreme Judicial Court: Comments invited on proposed restyling of the Maine Rules of Appellate Procedure
- Law Court: The court held that Maine’s Wrongful Birth statute applies to drug manufacturers and that the exception in the statute allowing claims for “failed sterilization” does not apply to claims for failed contraception
- US District Court ME: On former federal employee’s Title VII claims, Magistrate recommended denial of motion to dismiss based on the possible application of the acquiescence exception to res judicata
- EEOC: President Appoints Victoria A. Lipnic EEOC Acting Chair
- MHRC: January 23rd Meeting Minutes published
- MHRC: Revised February 27th Commission Meeting Agenda published
