Ahead of Jobs Week: August 30, 2021

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(Reuters) – Here are some upcoming events of interest to the employment law community. All times are local, unless otherwise noted.

Monday August 30

9:00 a.m. – Trial to resume before an administrative judge of the National Labor Relations Board in San Francisco in a case to accuse Alphabet Inc’s Google is monitoring and illegally firing workers who have protested against various company practices, including Google’s cooperation with immigration authorities during the Trump administration. Google says the workers violated company policies and were not involved in protected activities. The trial is scheduled to end on September 17.

The case is Google LLC and Alphabet Inc, National Labor Relations Board, No. 20-CA-252802. For Google: Al Latham by Paul Hastings. For the Communication Workers of America: David Rosenfeld of Weinberg Roger & Rosenfeld. For NLRB General Counsel: Jill Coffman.

Tuesday August 31

10:00 a.m. – A 2nd panel of the United States Court of Appeals will consider resurrect the claim by a former Delta Air Lines Inc flight attendant that she was unlawfully fired for complaining about a passenger who called her a “black bitch”. A federal judge in Brooklyn has ruled that racist comments from customers cannot be blamed on employers and that Clara Leroy cannot file a discrimination complaint against Delta.

The case is Leroy v. Delta Air Lines Inc, 2nd United States Court of Appeals, No. 21-267. For Leroy: Antonia Kousoulas from Kousoulas & Associés. For Delta: Ira Rosenstein of Morgan Lewis & Bockius.

10:00 am – The same panel for the 2nd Circuit will take an offer by a former human resources employee at the company that operates the huge Bronx apartment complex known as “Coop City” to restart a disability lawsuit. Colette Ragin says Riverbay Corp used her involvement in an internal investigation into her salary practices as a pretext to fire her rather than continue to deal with her multiple sclerosis.

The case is Ragin v. Riverbay Corporation, 2nd United States Court of Appeals, No. 20-2233. For Ragin: Michael Sussman. For Riverbay: Joseph Saccomano by Jackson Lewis.

Thursday September 2

9:30 a.m. – Lawyers for two former Millennium Health sales reps urge a 9th U.S. Court of Appeals panel to dismiss a preliminary injunction barring them from working for a competing drug testing lab. An Oregon federal judge said the non-compete agreements signed by David Barba and Justin Monahan were voidable under state law, but they waited too long to terminate the agreements by giving notice to Millennium the day after they left the company.

The case is Millennium Health LLC v Barba, 9th United States Court of Appeals, No. 21-35314. For Millennium: Kiran Seldon from Seyfarth Shaw. For the defendants: Eric Wolff of Perkins Coie.

Do you know of an event that could be included in an upcoming week for employment? Contact Dan Wiessner at [email protected]

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