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Author Archives: Thomas E. Egan

Car dealer’s dress code invalidated by NLRB

A car dealership could not enforce a policy banning employees from wearing pins, insignia and “message clothing” in the workplace, the 1st U.S. Circuit Court of Appeals has ruled in a split decision. The dealership petitioned for review of a decision ...

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Time limit is void under ERISA plan

A complaint for long-term disability benefits under an employee welfare benefit plan should not have been dismissed under the plan’s three-year limitations period, as the time limit was not mentioned in the letter informing the claimant that his request was ...

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Firing of town official not due process violation

A U.S. District Court judge has ruled that a Rhode Island town did not violate the due process rights of its finance director by terminating him from his position in 2010. The plaintiff employee argued that the town’s post-termination process ...

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Construction worker’s wage claim is denied

A Superior Court judge in Rhode Island has upheld an administrative decision denying a construction worker’s claim for unpaid wages because of his status as an independent contractor rather than an employee. The plaintiff worker argued that the Board of ...

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Insurer must defend patron’s suit vs. club

An insurance company that issued a policy to a nightclub operator must defend the policyholder in a personal injury action brought by an injured patron, a U.S. District Court judge has determined. The insurer moved for summary judgment, arguing that ...

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Arbitration award over faculty workload affirmed

The University of Rhode Island could not prohibit its part-time faculty members from teaching more than two courses in a semester, a Superior Court judge has determined. An arbitrator ordered the university to refrain from imposing a two-course limit per ...

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Complaint alleging interference under FMLA dismissed

An employee who was fired as soon as her medical leave ended could not sue her employer for interfering with her Family and Medical Leave Act rights, a federal judge has determined. The defendant employer and a co-defendant vice president ...

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CCRI worker’s appeal of firing ruled untimely

A community college employee could not file a late challenge to her termination despite the fact that she was not notified of her rights until after the 30-day appeal period had expired, a Superior Court judge has found. The petitioner ...

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Loss of overtime no basis for bias lawsuit

A railroad worker could not sue for racial discrimination based on his claim that he received fewer opportunities for overtime hours than some of his colleagues, a U.S. District Court judge has held. The defendant employer, Amtrak, argued that its ...

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Default judgment affirmed based on discovery violations

A default judgment could be entered against corporate defendants as a sanction for engaging in a deliberate pattern of discovery noncompliance, the 1st U.S. Circuit Court of Appeals has decided. A U.S. District Court judge had awarded the plaintiff $75 ...

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