Smaller Bonuses for Union Employees Not Unlawfully Discriminatory

A union filed an unfair labor practice charge alleging that a company discriminated against union-represented employees by paying them a lesser bonus than non-union employees. The Employer argued it did not discriminate in paying the lower bonus amount to union employees because negotiated wage increases for union employees exceeded increases granted to non-union employees. The…
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Do You Know When Staffing Agencies And Companies That Use Staffing Agencies Can Both Be Sued As Joint Employers By Employees?

Companies are not insulated from defending employment discrimination claims just because the worker is technically employed by a staffing agency. In Hexmer v. General Electric Company, the plaintiff had been working as a project consultant for a staffing agency. She was assigned to a GE facility and was responsible for updating GE power plant manuals,…
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Direct Evidence of Age Discrimination: Not as Obvious as You Think

Most of the age discrimination cases I defend on behalf of companies are of the indirect evidence variety. Rarely do I come across a direct evidence case. But it appears that courts are expanding direct evidence of age discrimination into areas historically occupied by indirect evidence. In Missouri, a septuagenarian alleged he was fired because…
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