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New York Law Journal Writes About Significance of Decision Obtained by Parzivand Law Firm Regarding Extraterritoriality of Corporate Whistleblower Retaliation Provisions

On August 29, 2017, a Parzivand Law Firm client received a landmark decision from the Administrative Review Board of the Department of Labor. The client had worked on Bagram Air Base in Afghanistan and was allegedly terminated in retaliation for reporting fraudulent activities of his company.

Could Alzheimer’s Disease Be Protected Under the Americans with Disabilities Act?

The ADA was established to ensure that individuals with disabilities are not discriminated against. The ADA does not specifically list out disabilities that are covered; instead the ADA defines disability as, “a physical or mental impairment that substantially limits one or more major life activities…” The ADA also prohibits discrimination based on perceived disabilities that are thought to impair a person’s ability.

Uber Drivers And The Blurred Line Between Employees and Contractors

The California Labor Commission recently determined that an Uber driver was an employee rather than an independent contractor, generating national headlines today. In essence, the California decision states that Uber is a taxi service, and that the drivers of a taxi service are employees under California law, because they are integral to the service the taxi service performs.

Groped Employee Who Defended Self From Harrasser Did Not Forfeit Legal Protections

In Speed v. Wes Health System, a Pennsylvania Plaintiff survived dismissal of her suit for retaliatory discharge after she defended herself against a coworker who allegedly sexually harassed her for thirteen months. The employer Wes Health System (“WES”) fired both the harasser and Speed after she struck the harasser on the side of his face when he touched her leg a second time right after she warned him that she would defend herself after the first time.

Employee Who Lost Job Due To False Data In Background Check Is Entitled To Damages.

In Miller v. Johnson & Johnson, a Florida case, Miller successfully brought a claim under the Fair Credit Reporting Act (FCRA) against his prospective employer. The Fair Credit Reporting Act is intended to provide prospective employees protection from false information found in their criminal background reports.

Employees Who Are Titled Managers May Be Entitled To Overtime Compensation

Lumber One hired three employees and titled them as managers of the company’s lumberyard. The company classified these employees as executives, and accordingly paid them on a salary basis without overtime compensation. During their employment with the company, the employees performed various duties including assembling shelves and stocking merchandise, and helping load trucks.

NLRB Decision Allows Employees Use of their Employer’s Email System During Nonworking Time To Talk About Their Working Conditions

On December 11, 2014 the National Labor Relations Board (NLRB) issued a ruling allowing employees use of their employer’s email system during nonworking time for statutorily protected communications under Section 7 of the National Labor Relations Act (NLRA). As a result, many employees are now eligible to complain about their work conditions to each other via e-mail with legal protection.

Support Animals Can Be A Reasonable Accommodation under the Americans with Disabilities Act

Support Animals can be considered a reasonable accommodation under the Americans with Disabilities Act (ADA) or the Rehabilitation Act of 1973 under certain conditions. The case of Branson teaches that a dog could be an accommodation not only for blind employees but also paraplegic employees.