Monday, August 27, 2018
- Sixth Circuit: The “tender-back doctrine” does not apply to claims brought under Title VII and the Equal Pay Act; rather, if plaintiff proves that severance agreement under which employer paid her $4000 in exchange for full release of claims was unenforceable, the $4000 did not have to be paid back prior to filing complaint but would instead be deducted from any award determined to be due to the plaintiff
- MHRC: Proposed amendments to Procedural Rule address confidentiality, conciliation/settlement information, requests for a new investigation, conduct at Commission meetings, and late-submitted evidence, among other procedural matters; testimony and comments due September 21, 2018
- Maine DOL: New Rules effective August 19, 2018, for employment of minors include allowing 17-year-olds to drive for work under specific circumstances and conditions; 16-year-olds are no longer prohibited from working alone in a cash-based business; expanded cooking occupations for 14- and 15-year-olds; and a prohibition against all minors from working in the marijuana industry
- Law Court: Homeowners insurance policy exclusion for “bodily injury . . . [w]hich is expected or intended by the insured” narrowly means “bodily injury that the insured in fact subjectively wanted (‘intended’) to be a result of his [or her] conduct or in fact subjectively foresaw as practically certain (‘expected’) to be a result of his [or her] conduct,” but attack on plaintiff was subject to exclusion
- First Circuit: District Court judgment for employer following five-day bench trial affirmed on complaint by former teacher against alleging retaliation for her advocacy on behalf of students with disabilities, where district court found that employer’s reasons for its adverse employment actions were pretextual yet nevertheless found that teacher failed to prove that actions were motivated by unlawful discrimination
- First Circuit: Dismissal of Sarbanes-Oxley Act of 2002 whistleblower complaint affirmed where plaintiff filed untimely (formerly 90 days to file, now 180 days) administrative complaint with OSHA alleging retaliation for reporting suspected federal securities law violations
- MHRC: August 27th Agenda and Consent Agenda posted
- MHRC September 24th Agenda posted
