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Employee can’t recover unpaid wages from ADP, employer’s third-party payroll processing provider
By Ronald Miller, J.D. Under California’s third-party beneficiary doctrine, an employee may not bring a breach of contract suit for unpaid wages against an independent payroll service contracted to ha
Only FMLA interference claim is revived for intelligence analyst denied permanent post due to attendance problems
By Lisa Milam, J.D. In a somewhat narrow FMLA interference win, the appeals court grappled with a number of salient disability and accommodation issues before also affirming summary judgment in the ag
Transgender employee at Iowa DOC wins $120K on discrimination claims
By Pamela Wolf, J.D. An Iowa jury sided with a transgender male nurse on claims that his employer discriminated against him by denying access to the male locker and restroom, and insurance coverage fo
Sealy workers’ California Labor Code claims withstand LMRA preemption challenge
By Lisa Milam, J.D. The employees’ state-law wage claims were not preempted, but federal labor law barred their retaliation and wrongful termination claims under California law. Federal labor law did
Tenured professor had property interest in job, not his base salary
By Ronald Miller, J.D. A tenured professor had a property interest in his job, but no legitimate expectation in a set salary. Therefore, the university did not violate the Due Process Clause by reduci