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Blog Posts in January, 2012

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  • December 20th, 2011: National Labor Relations Act protection can be lost by an employee's outburst if the court determines the subject matter and nature of the outburst were not provoked by the employer's practices.
    December 20th, 2011: National Labor Relations Act protection can be lost by an employee's outburst if the court determines the subject matter and nature of the outburst were not provoked by the employer's practices.

    On December 10th, 2011, in Plaza Auto Center Inc. v. NLRB (US Court of Appeals – Ninth Circuit, No. 10-72728), the court held that obscene language during an outburst at work must be considered when ...

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  • Employment Discrimination Suit Barred Against a Church due to Ministerial Exception
    Employment Discrimination Suit Barred Against a Church due to Ministerial Exception

    On January 11, 2012, in Hossana-Tabor Evangelical Lutheran Church and School v. EEOC , US Supreme Court, No. 10-553), the Court held that though the plaintiff was not a minister in the traditional ...

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  • December 14, 2011: Paying out-of-state plaintiffs overtime does not violate Due Process Clause or Dormant Commerce Clause.
    December 14, 2011: Paying out-of-state plaintiffs overtime does not violate Due Process Clause or Dormant Commerce Clause.

    On December 13, 2011, in Sullivan v. Oracle Corp. (US Court of Appeals- Ninth Circuit, No. 06-56649), the court held that the California Labor Code, in fact, applies to plaintiffs who work overtime ...

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  • December 13, 2011: Religious Association is not liable for wrongful termination where employee's termination was due to violation of church precept.
    December 13, 2011: Religious Association is not liable for wrongful termination where employee's termination was due to violation of church precept.

    On December 9th, 2011 in Henry v. Red Hill Evangelical Lutheran Church of Tustin, California (California Courts of Appeal- 4th District, No. G044556), the court held that a Church is exempt from the ...

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