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Law.com

Hospital Succeeds in Denying Vaccine Religious Accommodation Through 'Undue Hardship' Defense

According to the case law from the U.S. District Court for the District of Massachusetts, courts may consider indirect costs such as health and safety along with direct economic costs when determining an "undue hardship" from granting an accommodation.
4 minute read

New York Law Journal

Decision of the Day: School District's Probe Was a 'Sham'; Title IX Administrator Showed Sex-Based Bias

This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read

New York Law Journal

The Limits of the ‘Hot Potato’ Doctrine

Outten & Golden's managing partner responds to a recent letter to the New York Law Journal over its decision to drop a Columbia University professor as a client over her comments on the Israel-Palestine conflict.
4 minute read

The Legal Intelligencer

IRE Physicians Must Consider All Conditions 'Due to' a Work Injury

As was noted in this space some time ago, the Pennsylvania Supreme Court was considering an employer’s petition for allowance of appeal in Sicilia v. API Roofers Advantage Program (Workers' Compensation Appeals Board), which necessarily implicated Duffey v. Workers' Compensation Appeals Board (Trola-Dyne). The Supreme Court did issue its decision in Sicilia on July 17, 2024, but an evenly divided court failed to disturb either the underlying, Commonwealth Court decision or Duffey.
6 minute read

Law.com

'A Template' for Religious Accommodation: Attorney Gives Insight to $12M Win Over Employer's COVID-19 Vaccination Policies

Noah Hurwitz told Law.com that he believes the decision issued last week by a Michigan federal jury is just the fourth religious accommodation case to reach a jury trial since the beginning of the pandemic in 2020.
5 minute read

The Legal Intelligencer

Goodbye 'Yellow Freight' Road?

While not a complete default judgment, the granting of a Yellow Freight motion by a WCJ will often mean that a claim is found compensable and benefits are payable with the burden of proof shifting to the employer to prove that benefits should be modified, suspended or terminated.
7 minute read

Daily Business Review

'Get Rid of the Men': Employer Accused of Discrimination

"Is it going be hard to prove? Yes," plaintiff counsel conceded. "Is it going to be hard to convince a jury that a male was discriminated against? Yes. But there are witnesses, and they will testify as to what they saw."
5 minute read

Corporate Counsel

NLRB Bans 'Captive Audience' Meetings, Yanking Away Platform Employers Used to Combat Unionizing

The decision, which drew a dissent from the sole Republican on the board, upends 76 years of precedent.
3 minute read

The Legal Intelligencer

Judge Approves $667K Settlement Against Independence Blue Cross for Unpaid, Pre-Shift Computer Work

The plaintiffs claimed they spent approximately 15 to 30 minutes per day rebooting and loading their computers, logging in to their computers, and opening and loading various software applications and web browsers, without being compensated.
4 minute read

Law.com

Federal Judge Sends Novel Damages Question in Employment Dispute to State Court

"The court could answer each of these lingering questions in favor of either Johnson or Hertz. But at this stage, the court need not, and should not, definitively resolve these questions. Instead, Missouri state courts should have the first opportunity to determine these important issues of state law," U.S. District Judge Stephen R. Clark for the Eastern District of Missouri said.
5 minute read

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