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Vol. 7, Nos. 1-43, pp. 1-1462 Jan. 2 - Oct. 30, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
AAA
Reproductive services, rights of conscience
HHS issues final rule intended to protect health care workers, summary, 22
OMB reviewing proposed regulation to rescind Bush-era rule, comments summarized, 330 Rescission proposed due to opposition, HHS seeks comments, 359
Steger, Gowie, after-acquired evidence of disloyalty does not excuse failure to file timely appeal on UI benefits (Pa. Commw. Ct.), 1054
H-2A visa program, conflict alleged, UFW bid to postpone DOL rule denied, economic loss not irreparable harm (D.D.C.), 155
FMLA, manager fired 3 weeks after adoption-related leave proved interference, retaliation, but denial of mandatory prejudgment interest was error (4th Cir.), 343
NYCA, pension contributions, ad agency, not client, is liable to SAG for pro golfer's TV commercials (9th Cir.), 1033
Boeing, worker who lied about relocation to gain telecommuting privileges lawfully fired based on dishonesty (W.D. Wash.), 871
NASA, background checks enjoined for low-level Caltech contractors, rehearing en banc denied (9th Cir.), 805 Rolls Royce, USERRA, poor performance, resume fraud basis for firing from temporary job, rejection for permanent position, military service not motivating factor (7th Cir.), 627 Textron, ERISA, misrepresentation about long-term disability benefits not intentional, reliance claim rejected, fraud claim preempted (U.S., rev den), 605
EFCA, Specter (D-Pa) says compromise reached without card check recognition but Trumka says no deal yet, 1266
Iowa, causation, state uses motivating factor, not ADEA but for standard, claims proceed (N.D. Iowa), 1415
N.J., bias ban's over 70 exception improperly applied to contract nonrenewal, school official's claims revived (N.J. Super. Ct. App. Div.), 600 Ohio, age-related statements, shifting explanations, $6M verdict upheld, but $10M punitives violate due process, remanded (6th Cir.), 386 Texas, route sales rep who used saliva to clean expiration dates off snack packs lawfully fired (Texas Ct. App.), 698
Arbitration, agreement to Christian conciliation of claims with Bible as supreme authority enforceable under FAA, lawsuit barred (S.D. Ind.), 1226
AT&T, no-rehire policies, EEOC sues over denial of reemployment to early retirees (S.D.N.Y.), 1192 Attorneys fees, sanctions, bad-faith claims merit order to pay most of defendant's legal fees, upheld (7th Cir.), 1255 Bank worker's firing claim dismissed for attempted bribery of potential witness (S.D. Ohio), 765 Cash balance plans County's higher pension contributions from older new hires based on economic, not age-based, factors, upheld (D. Md.), 149 Early retirement waiver, no Ledbetter Act invalidation (11th Cir.), 1326 Evidence
Application of but-for standard dooms FedEx couriers' case on remand from Supreme Court (S.D.N.Y.), 1131
Direct, eighty-year-old told she was too old and crippled to work raised jury issue, claim advances (S.D. Ga.), 430 Financial officer fired for abrasive management style showed pretext, may use burden-shifting analysis to establish claims (W.D. Okla.), 1291 Indirect, use of McDonnell Douglas burden-shifting framework (1st Cir.), 1411 Forest Serv. firefighter who failed required test failed to show disparate impact, treatment, but retaliation claim viable (Ore.), 768 Mandatory arbitration
Collective bargaining, waivers, panelists discuss Pyett ruling and issues confronting negotiators, 1113
SEIU pact clause enforceable under NLRA, and ADEA allows (U.S., rvs, rem), 463; text, 486 Negligence, relatives' derivative tort claims mostly time-barred, but 1-year limit tolled until son reaches 21 (1st Cir.), 834 Niagara Mohawk Power, coordinating retiree health benefits with Medicare no ADEA violation, specific exemption applies (N.D.N.Y.), 580 Protecting Older Workers Against Discrimination Act
ADEA exclusive remedy barring suit under §1983, but sovereign immunity bars ADEA suit, bid to amend complaint properly rejected (9th Cir.), 281
Ageist comments, attorney fired at age 51 for poor performance fails to show pretext (D.D.C.), 348 Federal Reserve Board of Governors, bias claims properly rejected, but retaliation claim revived on vel non issue (D.C. Cir.), 346 Other duties as assigned not demeaning bias, refusal triggered lawful firing (3d Cir.), 1445 Rejected for failure to exhaust administrative remedies, but firing claim related to earlier bias complaint revived (4th Cir.), 37 Sales rep fired for falsifying reports, preclusive effect of SOX administrative ruling bars subsequent challenges alleging bias, pretext (3d Cir.), 541 Severance accord signed by former budget manager not knowing and voluntary waiver, claim proceeds (D.N.J.), 873 Telecom sales consultant with obsolete skill set fired due to poor performance, not age, cat's paw theory rejected (7th Cir.), 1058 Tenured position, contract nonrenewal adverse job action (2d Cir.), 1449 Waiver of RFOA (reasonable factor other than age) affirmative defense not excused, RIFd employees' $4M class award reinstated (N.D.N.Y.), 700
City Univ. of N.Y. (CUNY), 1st Amend., chargeable union expenses (2d Cir.), 1420
Federal contractors, OLMS rescinds rule that employees must be notified of right not to join union, to pay fees only for representational expenditures, 473 First Amend., reciprocal arrangement allowed Maine SEIU affiliate to charge nonmembers for national litigation costs funded by expense pooling (U.S., aff), 128 Md. state workers can negotiate for mandatory nonmember service fees under newly enacted law, 686 Renewals, USW requirement to file annual objections to nonrepresentational use no breach of fair representation duty (NLRB ALJ), 1134
Agricultural Job Opportunities and Benefits Act (AgJOBS)
AnimalFeeds Intl., antitrust, arbitration of class claims allowable even where not expressly mentioned in shipping contract provisions (U.S., rev grant), 849 Global Horizons Manpower, H-2A workers, breach of contract (Cal. Super. Ct.), 1332 H-2A visa program
Becker Farms, FLSA retaliation, Peruvian wage claimants accused of terrorism by employer's father prevail, ownership, agency not required (W.D.N.Y.), 1128
Growers win injunction to block DOL suspension of Bush-era agricultural visa rule (M.D.N.C.), 974 Organizing, Cal. Senate clears bill modeled on EFCA creating card check procedures for farmworkers, 615; vetoed for third time, In Brief, 1241
ADA, waitstaff applicant not qualified, HIV-positive, AIDS not synonymous for pleading purposes, en banc review denied (7th Cir.), 195
Privacy Act, VA physician lawfully disclosed claimant's HIV status, marijuana use to union representative, personal knowledge key factor (U.S., rev den), 129
Airline Flight Crew Technical Corrections Act
FLSA, flight attendant trainees not employees under 6-part test, carrier need not pay wages during in-flight program, displacement key factor (W.D. Wash.), 276
RLA no bar to Ore. wage law class action, revived, ordinary, complete preemption distinguished (9th Cir.), 143 Bahamasair, Fla., security violation, protected whistleblowing (S.D. Fla.), 1424 Business or company pilots, FLSA position of non-enforcement reaffirmed, Wage and Hour Op. Letter, 403; text, 407 Continental Airlines, ERISA, sham divorces, QDROs, recoupment (S.D. Texas), 1425 Drug testing, return-to-work and follow-up, DOT observed urination rule for safety-sensitive jobs upheld (D.C. Cir.), 707; DOT reinstates rule (D.C. Cir.), 1065 ERA MED, breach of contract, O-1 visa ineligibility no bar to British pilot's claim against firm for failure to support efforts to obtain (E.D. Pa.), 200 ExxonMobil, ADEA, EEOC suit over grounding of corporate pilots at age 60 revived, reliance on FAA rule for BFOQ defense improper (5th Cir.), 1225 FAA limits on flight, duty time for commercial pilots set for expedited review, update, industry meeting, concerns triggered by Colgan Air crash, 884 Federal Aviation Act reauthorization Hageland Aviation Serv., overtime, property interest, bill retroactively depriving flight crews of earned pay violates constitutional takings, contracts clauses (Alaska), 799 Mandatory retirement, FAA releases final rule raising pilot age limit to 65, 1001 Mesa Air Group, rest breaks, AFA scheduling issues constitute minor dispute under RLA, arbitration required (9th Cir.), 770 Pilots, flight attendants rest requirements for ultra-long range flights, carriers suing FAA over safety rule include American, Atlas, Continental, Evergreen Intl., JetBlue, United, U.S. Airways, 70 Southwest Airlines, ADA, FMLA, flight instructor with sleep apnea not qualified, failed to show pretext, retaliation (U.S., rev den), 584 United Airlines, state law claim advances for whistleblowing mechanic fired for safety complaints, no preemption (N.D. Ill.), 49
Combustible dust, OSHA inspections trigger citations, 976
Jury duty firing, state law claim revived, factual dispute on call-in efforts precludes summary judgment (11th Cir.), 1195 Sexual harassment, persistent verbal abuse, Title VII claim proceeds, but not retaliation or tort claims (M.D. Ala.), 44 State actions summary, 238; 367; 445; 586; 851
Overtime, property interest, bill retroactively depriving flight crews of earned pay violates constitutional takings, contracts clauses (Alaska), 799
State actions summary, 294; 445; 925; 1206; 1275 USERRA jurisdiction defined by statute, retaliatory discharge suit against state entity within purview of state court, not federal, sovereign immunity not at issue (U.S., rev den), 520
Testing
Coca-Cola, conspiracy, paramilitary ties, Colombian labor leaders' consolidated claims against bottling plants dismissed (11th Cir.), 1125
General contractor, subcontractor alter egos jointly liable for UBC contributions, intent to avoid paying single factor, not prerequisite (6th Cir.), 1294
Reverse alter ego rejected, nonunion contractor not bound by pact with union contractor he helped, not shown to run dual shop (9th Cir.), 351
NLRB makes pilot ADR program for ULP cases permanent, 474
Mandatory arbitration, fee-sharing clause not superseded by AAA rules requiring employer to pay, but goes against public policy, void and unenforceable, severable (N.Y. Sup. Ct. App. Div.), 671
Meetings
Bill
OIG semiannual report to Congress summarized, 845 Prevailing wage conferences for government contractors, DOL to explain laws applicable to ARRA, In Brief, 977 TAA, ETA proposed rules withdrawn, ARRA supersedes, In Brief, 814 TGAAA
Maritime industry, foreign workers, DHS rules non-security employees exempt from Transportation Worker Identification Credential (TWIC) requirement, 474
Accommodation claim revived for teacher's aide who sought nonsedentary jobs, remanded for burden-shifting analysis (11th Cir.), 73
ADA Amendments Act (ADAAA)
EEOC proposed rule
Approved, 1266
Approved, sent to OMB for review, 844 Implementation, comments sought on proposed rules and interpretive guidance, 1285 Semiannual regulatory agenda, 675 Posting notices, EEOC, 1459 Prospective application, influence on interpretation (N.D. Ind.), 1389 Arbitration
Agreement to Christian conciliation of claims with Bible as supreme authority enforceable under FAA, lawsuit barred (S.D. Ind.), 1226
Clause no waiver of fired diabetic police officer's right to sue, but constructive discharge elements not satisfied (D. Md.), 1026 Barrier removal claim revived, floor modifications to aid in use of service dog may be required accommodation under state, federal law (Mont.), 910 Essential job functions
Airline flight instructor with sleep apnea not qualified, failed to show pretext, retaliation (U.S., rev den), 584
Impossible with or without accommodation and return date uncertain, firing claim properly dismissed (8th Cir.), 537 UPS, hearing-impaired driver applicants' class claims settled with new standard below DOT threshold (N.D. Cal.), 835 GINA, EEOC seeks comments on proposal to add references to existing ADA rules, 711 Lilly Ledbetter Fair Pay Act
Alcoholic manager fired after inpatient treatment program may sue under FMLA, but not ADA (10th Cir.), 219
Driving excluded
County nurse who resigned due to anxiety after car accident lacks ADA, Title VII claims (7th Cir.), 598
Driving not MLA even in rural area, improper jury instruction triggers reversal, remand (U.S., rev den), 522 Sleeping, thinking, self-care, chronic fatigue syndrome, EEOC pretext, accommodation claims revived (5th Cir.), 801 Waitstaff applicant not qualified, HIV-positive, AIDS not synonymous for pleading purposes, en banc review denied (7th Cir.), 195 Medical examinations
Drug test prohibited, auto glass workers fired for taking legally prescribed drugs can sue (M.D. Tenn.), 632
H1N1 virus, EEOC issues technical assistance document on preparedness compliant with ADA, 640 Health insurance eligibility, county's Clinical Health Risk Assessment likely violates ADA, EEOC Op. Letter, 633 Pattern or practice, no return to work with medical restrictions, class certification overturned, individual members not determined to be qualified (3d Cir.), 1049 Physical capacity test after knee replacement was unjustified medical exam, claim revived (9th Cir.), 1324 Promotions, truck driver with prosthetic leg failed to show he was qualified for jobs or that workplace irritations were harassment (7th Cir.), 113 Regarded as disabled
Damages, RIFd supervisor lawfully awarded additional amount for taxes on lump-sum back pay, make-whole remedy upheld (3d Cir.), 222
Jury verdict for trucker fired after diagnosis of paranoid schizophrenia vacated, improperly based on claims outside pleadings (Mass.), 573 MLA interacting with others, county hospital lawfully fired doctor who threatened to kill co-workers, employer's honest belief sufficient (7th Cir.), 870 Pre-2009 claim evaluated under pre-ADAAA law (N.D. Ind.), 1389 PTSD, military veteran's firing claim improperly dismissed where personnel records, treatment indicated bias, revived (3d Cir.), 542 Right to sue waived in RIF-related severance accord (E.D.N.Y.), 737 School administrator transferred to teaching position in same broad class of jobs has no claim (6th Cir.), 968 Walking, self-care, speaking, MS (7th Cir.), 1447 Retrospective damages properly denied, claimant not disabled under pre-ADAAA standards, and ADAAA not retroactive (D.C. Cir.), 1055 Seasonal affective disorder, transfer accommodation, hardship (7th Cir.), 1351 Staffing service contract, biased effect (W.D. Wis.), 1353 Standing to sue, retaliation, 3d party complaint (9th Cir.), 1441 Technologies for accommodation, attorneys advise on use under ADA, 641 Voice disorder, unattainable production quota, failure to rehire bank employee suggest RIF was pretext, claim revived (8th Cir.), 385 Voice recognition, claim over denial of alternative software accommodation proceeds, but not retaliation (E.D. La.), 572
Card check authorization, Employee Free Choice Act (EFCA), alternative proposals emerge with Senate passage uncertain, options summarized, 677
Chemical hazard communication, Material Safety Data Sheets (MSDS) studies analyze flaws, challenge OSHA proposal for globally harmonized system, 124 DVI Fin Servs., DOL ARB decision reinvigorates SOX whistleblower protection, litigators explain, 475 EFCA first contract arbitration could revolutionize labor relations, attorneys explain provision, similar schemes, implications, 1102; correction, 1140 Employment testing after Ricci, attorney finds holding offers guidance, support for employers making hiring, promotions decisions, 1268 FMLA revisions may be roadmap rather than quagmire feared by employers, attorney explains expanded leave rules, 1203 Furloughs driven by recession may negatively impact benefits, practitioners advise, 815 Independent contractor status, reclassification as employees, attorney advises on ten more consequences for employers, 1143 Independent contractors, reclassification as employees, ten legal, tax, and benefits consequences explained, 1067 Same-sex marriage, state law developments, attorneys discuss benefits impact, tax status consequences, other pitfalls, 612 Social media policies, monitoring of Facebook, MySpace sites, tips on avoiding SCA, Title VII, NLRA liability, 1002 Workplace computer privacy policies, case law analyzed for guidance on NEoP clauses, confidentiality, public vs. privileged information, 23
Forced vacation leave during temporary plant shutdown has no effect on salaried workers' FLSA-exempt status as long as guaranteed salaries met, Wage and Hour Op. Letter, 362; text, 373
Landscaper fired after filing wage/benefit form with state DOL has viable FLSA retaliation claim (D. Vt.), 1054 Paid Vacation Act
Arbitration of class claims allowable even where not expressly mentioned in shipping contract provisions (U.S., rev grant), 849
Wage suppression, class certification denied (N.D. Ill.), 1350
Cintas
DPPA, tagging, lack of notice bars punitive damages, but statutory liquidated damages upheld (E.D. Pa.), 1172
Fatal laundry accident, House Democrats, UNITE HERE protest $2.76M settlement of six OSHA cases (OSHRC), 19 Limitations on Los Angeles living wage ordinance invalidated, attorney says firm may be liable for substantial awards, 145 Overtime, drivers, negotiations underway on terms of $22.75M nationwide settlement (N.D. Cal.), 1188 RICO suit against UNITE HERE, IBT rejected, corporate campaign to coerce neutrality/card check pact not attempted extortion (S.D.N.Y.), 352 E.W. Ventures, overtime, dry cleaner must defend FLSA claims of serial plaintiff press operator (S.D. Fla.), 71 Suburban Textiles, t/a/ Forest Uniform, pay, payroll violations, N.Y. DOL confiscates and tags goods, equipment, pending restitution to underpaid workers, 598 Unifirst, sexual harassment by co-worker, failure to correct, knew or should have known negligence standard of liability adopted for employer, claim proceeds (Maine), 702
Attorney-client privilege, waiver, appealability of discovery order (U.S., oral arg), 1347
ERISA, benefits termination by dual role administrator, deferential standard of review proper, conflict of interest only one factor to be considered (4th Cir.), 18
Resumes, one or two typos could sink job prospects, survey reports on errors spell-check can't catch, 1129
AAA
Assault of motorist, public policy bars arbitrator's reinstatement of out-of-line police officer (Mass. App. Ct.), 801 Authority limited to term of contract, arbitrator improperly awarded roofer damages for most favored nations clause violations occurring after UBC pact expiration (N.D. Ill.), 670 Bargaining and bias rights distinguished, arbitration ruling on CBA violation does not bar re-litigating issue in related ADA lawsuit (U.S., rev den), 293 Continental Tire N. Am., USW pact, pension agreement dictate that arbitration required in benefits dispute with union, provision survives expiration (4th Cir.), 839 Direct threats to safety, public policy challenge to reinstatement order frivolous where IAM worker who grieved firing no real threat (E.D. Wis.), 144 Drug testing, NFL players disciplined for taking banned diuretic, awards upholding suspensions valid (8th Cir.), 1249 DuPont, grievance arbitration required where employer made unilateral changes to collectively bargained benefits (2d Cir.), 637 Employee Free Choice Act (EFCA) FMLA, USW pact does not expressly require arbitration of retaliation claim, and prior award upholding termination does not preclude litigation (N.D. Ill.), 963 Globe Newspaper, LMRA §301, arbitrator's award of second-generation interest arbitration lacked employer consent, vacated (D. Mass.), 1168 Granite Rock, IBT International not party to pact, interference charge rejected, but dispute with local must be arbitrated (U.S., rev grant), 921 LIUNA demands raised dispute over caisson work and arbitration not required under LIUNA pact (2d Cir.), 1258 Neb., arbitrator's reinstatement of state trooper fired for joining Ku Klux Klan offends public policy against race bias, vacated (Neb.), 325; (U.S., rev den), 886 Res judicata, full and voluntary participation in grievance arbitration of bias and retaliation claims under union pact precludes subsequent litigation (D. Colo.), 699 RiteAid not bound to arbitrate UFCW organizers' access to newly-acquired nonunion stores (M.D. Pa.), 546 Statutory bias, Pyett progeny, extraordinary deference extended to arbitrator's finding that claimant was not qualified for warehouse position (D. Minn.), 872 Successor employer, subcontractor pact (2d Cir.), 1391 Title VII, choice of remedies grievance arbitration, administrative, or judicial (U.S., rev den), 1367 Verizon, arbitrator's ruling reinstated, back pay retroactive to creation of new job title drew its essence from CWA pact (D.C. Cir.), 1028
Legal Arizona Workers Act lawfully mandates E-Verify use, coalition bid for rehearing denied (9th Cir.), In Brief, 394
State actions summary, 238; 925; 1371; 1433 Unemployment, DOL extends UI benefit period, 1141
Organizing, secret ballot amendment twice rejected for ambiguous text, 821
State actions summary, 163; 1071
FMLA regulations, OPM proposes amendment to include leave for care of military service member, other uses, 1201
Leave for military families, caregivers under FMLA
Liability, procedural nature of Ohio law requiring more threshold evidence than FELA saves it from preemption (U.S., rev den), 82
Morale, retention, recruitment, productivity new year's focus for surveyed CEOs, 9
Akin Gump Strauss Hauer & Feld, ADEA, attorney fired at age 51 for poor performance fails to show pretext, retaliation (D.D.C.), 348
Dickie, McCamey & Chicolte, notice, consent lacking, shareholder who never received mandatory agreement not required under Pa. law to arbitrate bias claims (3d Cir.), 470 Incivility between plaintiff's and defendant's lawyers during discovery triggers order for training, lunch instead of sanctions (E.D. Pa.), 1289 Sex bias, unconscious discrimination, female lawyers face persistent barriers to advancement at large private firms, ABA told, 528 Smith & Laquercia, overtime, paralegal's independent contractor income not counted for FLSA highly-compensated employees exemption (S.D.N.Y.), 1322 SOX
Financial services firm liable for firing whistleblowing attorney but back and front pay cut, dissolution in bankruptcy intervening circumstance (DOL ARB), 364; decision reinvigorates SOX protection, litigators offer analysis, perspective, 475
Retaliation claims revived for in-house attorneys fired after identifying potential fraud on shareholders (9th Cir.), 1159
ADEA, sanctions, bad-faith bias claims merit order to pay most of defendant's legal fees, upheld (7th Cir.), 1255
Civil Rights Attorneys' Fees Awards Act, enhancement, lodestar amount properly increased by 75 percent for superior representation, results (U.S., rev grant), 519; (U.S., oral arg), 1381 ERISA, payment of fees out of undistributed vested benefits violates anti-alienation provision, injunction based on common fund doctrine reversed (2d Cir.), 327 Frivolous claim, deposition testimony proved ADA suit to be groundless, EEOC properly ordered to pay defendant's fees, costs (5th Cir.), 110 Honeywell Intl., retiree benefits, ERISA fees award premised on LMRA liability vacated, remanded for calculation under ERISA alone (2d Cir.), 881 Overtime, paralegal who accepted offer of judgment properly denied fees and costs due to attorney's discourteous professional conduct (11th Cir.), 315 Settlement negotiations lawful factor for consideration in setting reasonable award (3d Cir.), 1062 U.S. Supreme Court docket, 2009-2010 term, 1336
Carroll College affiliated with Presbyterian Church, exempt from NLRB jurisdiction, bargaining order not enforceable (D.C. Cir.), 389
Caterpillar, retiree health care, LMRA, ERISA class claim for lifetime benefits rejected, rights not vested for workers who were retirement-eligible when 1988 pact expired (6th Cir.), 153 Freightliner, LMRA §302, neutrality/card check agreement allowing UAW access to plant workers lacks tangible value required for bribery or extortion (4th Cir.), 13; (U.S., rev den), 1364 Honeywell Intl., retiree benefits, ERISA fees award premised on LMRA liability vacated, remanded for calculation under ERISA alone (2d Cir.), 881 Local 600, LMRA, ERISA, rehire promise status benefit (E.D. Mich.), 1427 Local 1423, ERISA, LMRA, Bemis lawfully altered retiree health benefit levels, no lifetime coverage in Hayssen agreement (E.D. Wis.), 1233 Religious bias, objector to UAW dues, fees under union security clause failed to show adverse action, accommodation violation (6th Cir.), 667 Retiree health benefits, right to free lifetime benefits vested, but scope, extent may be altered (6th Cir.), 1063 Thyssenkrupp Budd, reverse age bias, severance denial, LMRA bars claims requiring interpretation of UAW pact, plant closing accord (6th Cir.), 11
AM Gen., religious bias, objector to UAW dues, fees under union security clause failed to show adverse action, accommodation violation (6th Cir.), 667
CB Squared Servs., EPPA allows no waiver of right to sue, arbitration pact no bar to statutory discharge claim (E.D. Va.), 227; service manager demoted after failing polygraph may proceed with firing suit (E.D. Va.), 808 College Park Hyundai, wage claims, mandatory arbitration enforceable where pact easily readable by non-native English speakers who could speak, read, and write English (D. Md.), 1024 Dura Auto Glass, ADA, drug test prohibited medical examination, workers fired for taking legally prescribed drugs can sue (M.D. Tenn.), 632 Ford Motor
LMRA, ERISA, rehire promise status benefit (E.D. Mich.), 1427
Sexual harassment, retaliation, individual liability supported under state law, MHRA claim revived (Mo.), 319 Lear, FMLA, requests incomplete, reliance on one remark unreasonable, worker mistaken about leave approval properly fired for absenteeism (8th Cir.), 249 Leeson Elec., pay equity, sex bias, salary differential of over $20K for male manager not satisfactorily explained (8th Cir.), 698 LoJack, technician's FLSA, Cal. claims for time commuting in company car, preliminary activities rejected, but postliminary claims viable (9th Cir.), 1187 McNeilus Truck & Mfg., ADA affirmative defense, diabetic welder posed direct threat to safety of others, lawfully fired (N.D. Iowa), 1027 Pittsburgh Mack Truck Sales & Serv., ERISA, withdrawal liability, hold harmless agreement enforceable, no public policy violation (3d Cir.), 1263 Varsity Ford Mgmt. Servs., ADA, race bias, mandatory arbitration clause requiring $500 deposit fee from employee to begin process upheld (6th Cir.), 740
CJ Sys. Aviation Grp., Miami Valley Hosp., air ambulance helicopter pilot unlawfully fired for safety complaints to supervisor, FAA (DOL ARB), 1007
DOL ARB decisions, briefly, 556; 781; 1009; 1119; 1273; 1370 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
