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Showing 2 posts in 8th Circuit Court of Appeals.

Eighth Circuit to Decide Viability of Bringing Class Action Claims Under the ADA

The U.S. Court of Appeals for the Eighth Circuit will soon be deciding a case that may have important implications on the viability of class actions for employment discrimination under the Americans with Disabilities Act (ADA). In Harris v. Union Pacific Railroad, the Eighth Circuit will look at whether a large class can be certified in ADA litigation notwithstanding certain individualized inquiries inherent to the ADA. More ›

Hold the Mayo: Jimmy John's Workers' Disparaging Statements Not Protected by the NLRA Says 8th Circuit

How far can employees go during a labor dispute to make their case to the public? For years the National Labor Relations Board (NLRB) has granted employees a surprising amount of leeway, so long as their statements were not made with malicious intent and pertained to an ongoing labor dispute. In other words, employees could go quite far. Fortunately for employers, the 8th Circuit Court of Appeals recently tamped down this enthusiasm and redirected the NLRB to long-standing Supreme Court precedent. More ›

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