Monthly Archives: July 2014

Employer’s Decision to Not Employ Truck Driver with Alcoholism is No Violation of ADA

By Scott • Wagner and Associates |

In Jarvela v. Crete Carrier Corp (June 2014), the 11th Circuit addressed an employee’s, Sakera Jarvela, appeal of summary judgment in favor of the employer, Crete Carrier Corp, regarding Jarvela’s claims of violations under the ADA and FMLA due to his termination. Sakera Jarvela, a commercial truck driver suffered from alcoholism. Jarvela’s employer had… Read More »

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Employee’s Testimony Constitutes Protected Activity

By Scott • Wagner and Associates |

Brannon, et. al. v. Finklestein (June 2014) involved an appeal of granting summary judgment in favor of the employer as to Brannon’s claims of retaliation for his constitutionally protected testimony about a state judge. Brannon was employed as a forensic psychologist for the Broward County Public Defender’s office, working for the Public Defender, Finklestein…. Read More »

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Speech on Behalf of Union Protected Under First Amendment

By Scott • Wagner and Associates |

Hubbard v. Clayton Co. Sch. Dist., et. al. (June 27, 2014) involves a former School District employee’s appeal of summary judgment in favor of the District. Hubbard claimed retaliation in violation of First Amendment rights due to his public statements regarding an accreditation investigation of the School District. When employed, Hubbard was scheduled to… Read More »

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11th Circuit Holds an Employee Must Show They Are Disabled

By Scott • Wagner and Associates |

Wetherbee v. Southern Nuclear Operating Co. (June 2014) involves a prospective employee’s appeal of the district court’s granting of summary judgment regarding claims of discrimination under the Americans with Disabilities Act, § 12112(d)(3)(C), and alleged misuse of information obtained during a medical evaluation. Previously, the 11th Circuit affirmed in part the district court’s grant of summary judgment in… Read More »

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NLRB Recess Appointments Deemed Unconstitutional By Supreme Court

By Scott • Wagner and Associates |

The Supreme Court’s recent decision in NLRB vs. Noel Canning declared President Obama’s “recess” appointments to the National Labor Relations Board unconstitutional, thus calling into question hundreds of rulings resolving workplace disputes decided by the illegal appointees. What was the case? Noel Canning, a bottling company that distributes Pepsi products in Yakima, Wash., was… Read More »

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President Obama Moves to End LGBT Workplace Discrimination

By Scott • Wagner and Associates |

President Obama has directed his staff to draft an executive order that would ban workplace discrimination against LGBT employees of federal contractors. The action would build upon existing protections, which generally prohibit federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. This move… Read More »

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Working Families Summit FAQ

By Scott • Wagner and Associates |

What was the Working Families Summit? On June 23, 2014, the White House Council on Women and Girls, the Department of Labor (DOL), and the Center for American Progress (CAP) hosted The White House Summit on Working Families to focus on strengthening the nation’s workplaces to better support working families, boost businesses’ bottom lines,… Read More »

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