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Business Recovers Millions in Fees, Expenses, and Costs After Claims by EEOC Found to be "Frivolous"
Category: Appellate Law, Eighth Circuit Appellate , Employment, Litigation, Transportation
A district court awarded nearly $4.7 million in fees, expenses, and costs to a trucking business after the court found Title VII claims brought by the Equal Employment Opportunity Commission (“EEOC”) to be “frivolous, unreasonable and/or groundless.” Title VII permits courts to exercise discretion…
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Arkansas Business Fights NLRB to the Eighth Circuit
Category: Appellate Law, Business, Eighth Circuit Appellate , Employment, Litigation
A recent Eighth Circuit Court of Appeals opinion should serve as a reminder to Arkansas businesses that the National Labor Relations Board (“NLRB”) (the federal governmental agency responsible for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices) remains…
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Resolving (then Un-resolving) the Human Trafficking Issue for Cubans Joining America's National Pastime
Category: Employment
On December 20, 2018, Major League Baseball (“MLB”), Major League Baseball Players Association (“MLBPA”), and the Cuban Baseball Federation (“FCB”) announced an Agreement allowing Cuban-based baseball players to sign with MLB teams without first resorting to defection or having to travel to another…
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Environmental Reporting: Federal Court Addresses Employee First Amendment/Public Employer Retaliation Claim
Category: Arkansas Environmental, Energy, and Water Law, Employment
A United States District Court (M.D. Fla.) (“Court”) addressed a Motion to Dismiss related to a First Amendment employment retaliation case. See Chustz v. City of Marco Island, 2019 WL 277705. The Court’s January 22nd opinion discusses litigation involving an employee who alleged his termination…
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Saving America's Pastime Means Not Paying Minor League Players
Category: Employment
In 2018, Congress passed the “Save America’s Pastime Act” (introduced as H.R. 5580) to exempt minor league players from the protections of the Fair Labor Standards Act “FLSA.” While it was tucked away in a voluminous omnibus spending bill, the Save America’s Pastime Act specifically targeted minor…
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