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Vol. 6, Nos. 1-43, pp. 1-1452 Jan. 4 - Oct. 31, 2008 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
ABA
Ernst & Young, overtime, fired tax analyst exempt despite few duties, lack of responsibility due to poor performance (N.D. Cal.), 370
Parsons Global Servs., accountant kidnapped and tortured while working abroad does not have to arbitrate tort claims, firm's motion for summary judgment was waiver (D.C. Cir.), 534 Price CPAs, FLSA, accountant who prepared income tax returns not paid on salary-basis, entitled to overtime, liquidated damages (M.D. Tenn.), 1051
DOL use of ACGIH exposure guidelines for hazardous substances lawful (M.D. Ga.), 671
EEOC rulemaking, ADEA retiree health benefits exemption allowing employer plans to coordinate with Medicare upheld (U.S., rev den), 449
Starcom Mediavest, ERISA interference, firing after disability lawsuit due to reorganization, desire for more experienced candidates, not pretext for retaliation (8th Cir.), 538
Boeing, race bias, pay bias class claims, standing, time bar affirmed (9th Cir.), 368
Lockheed Martin, racial harassment, retaliation, record $2.5M proposed to settle EEOC suit, consent decree (D. Hawaii), 13 NASA, background checks enjoined for low-level Caltech contractors due to constitutional, privacy concerns (9th Cir.), 85
Colo., hiring preferences based on race, sex, other criteria, certified ballot measure would ban, NAACP official criticizes, 549
OFCCP
EEO-1 revised race and ethnic categories, updated guidance on use in AAPs, 1257
Good-Faith Initiative for Veterans Employment (G-FIVE), will recognize contractors for hiring, promoting veterans, 1062 Jobs for Veterans Act, annual reports, DOL issues final rule on contractor filing duties, 699 Pay bias, disabled access to online applications, electronic recordkeeping on agenda in near term, officials say, 381 Quality control measures, onsite evaluations now paired with standard desk audit compliance reviews under active case management directive, 1320 Vietnam-era veterans, final rule issued on contractors' nondiscrimination duties, 507
Bad bosses, Working America survey shows economic woes pressure workers not to quit, top gripes reviewed, 995
Discovery, privacy, data on all WGA members essential to fair resolution of class claims, disclosure ordered (Cal. Ct. App.), 1157; talent agencies pay $4.5M to settle, 1184
D.C., retaliation, investigation showed absentee hospital registrar lawfully suspended despite supervisor's alleged animus, reversed (D.C.), 1052 Mo., no pretext shown, snack foods sales rep's firing due to poor performance, not age bias (8th Cir.), 465
Arbitration clause in CBA void to extent it waives right to sue under federal statutes (U.S., rev grant), 260; status discussed, 1329
Cash balance plans Disability retirement, service credits criteria age-based, EEOC may pursue claim that Ky. public workers unlawfully disqualified (U.S., oral arg), 39; service credits criteria lawful, disparity lies in timing, not calculations (U.S., rev), 830; text, 869 Discipline policies disparate, manager who violated store policy may proceed with suit (S.D. Ohio), 687 Disclosure of employer information, release to 3d party barred due to conflict between EEOC policy and its own FOIA rules (D.C. Cir.), 930 Editor fired at age 62 raises jury issue based on e-mails showing business reasons pretext (S.D.N.Y.), 1335 EEOC complaints, proposed changes to case handling rules approved for review by other agencies, 780 Finality, FRCP Rule 54(b) certification not sought, procedural errors barred appeal of summary judgment favoring city (U.S., rev den), 604 Hospital workers fired for confidentiality breach fail to show pretext or disparate impact, treatment (6th Cir.), 1430 Insubordination, harassment complaints, confidentiality breach, not bias, triggered sales manager's firing (4th Cir.), 906 Limitations period, EEOC intake questionnaire and affidavit seeking agency action to vindicate rights was timely claim equivalent to charge (U.S., aff), 283; text, 309 Mandatory retirement for public safety workers upheld, city firefighters have no due process claims based on CBA's just cause provision (U.S., rev den), 58 Mixed-motive jury instruction requires direct proof, award reversed, new trial ordered (8th Cir.), 689 Older replacement negates inference of bias, claim rejected for 56-year-old replaced by 63-year-old (10th Cir.), 183 Pay, continuing violation inapt, untimely administrative claims sink disparate-treatment challenge to FAA salary bands, lump-sum payment (D.D.C.), 801 Promotions, manager's yawn during interview not proof of hidden bias (1st. Cir.), 839 Reasonable factors other than age (RFOA)
Disparate impact, EEOC seeks comments on proposed rules update, 477
Exception is affirmative defense, employee has burden to disprove (U.S., rev grant), 133; government, RIFd workers urge reversal (oral arg), 557; employer bears both burden of production and burden of persuasion (vac, rem), 829; text, 863 Retaliation
Layoff immediately following filing of claim could establish prima facie case (6th Cir.), 185
Scope of remedy available to federal employees at issue (U.S., oral arg), 237; protection same as private sector, postal worker harassed after bias complaint has viable claim (rev), 731; text, 748
EEOC exemption allowing employer plans to coordinate with Medicare upheld (U.S., rev den), 449
Exemption tied to Medicare eligibility, EEOC issues final rule, 24 Supreme Court labor docket, oral arguments heard in two cases, pending in four others as 2008-2009 term opens, 1329 Teaching, 12 women hired at lower pay step than younger or male teachers awarded $1.2M verdict on age, sex bias in pay (W.D. Pa.), 563 Top Ten Issues in Employment Bias Law, ABA panelists predict rise in lawsuits as economy worsens, 1263
First Amend., SEIU representational activities, Maine affiliate lawfully charged nonmembers for extra-unit litigation costs funded by expense pooling (U.S., rev grant), 261; status discussed, 1329; (U.S., oral arg), 1344
Schreiber Foods, IBT outside organizing costs not shown to be chargeable to nonmembers under Beck, fair representation breach (D.C. Cir.), 565 Supreme Court labor docket, 2008-2009 term opens, 1329
Catalano Farms, Paramo labor contractor are joint employers liable for improper meal deductions that brought wages below federal minimum (D.N.J.), 1305
Colo., lawmakers send governor bill promoting recruitment of seasonal workers under H-2A program, 676; enacted, 815 Dole Food, Nicaraguan field workers alleging soil fumigant caused sterility awarded $3.3M, but $2.5M punitive award dismissed (Cal. Sup. Ct.), 410 FLSA, MSPA, farmworkers entitled to pay for time spent waiting for ice to melt on crops (D. Ariz.), 1368 Hawaii governor vetoes card check recognition for agriculture workers, lawmakers consider override, 550 Lakeside Pic-n-Pac, MSPA, FLSA, minimum wage recordkeeping violations, seasonal farmworkers denied certification for collective or class claims (W.D. Mich.), 8 OSHA inspections, seven industries added, 299 Soil fumigant pesticides, risk mitigation, new EPA measures protect farmworkers, 1010 Syngenta Seeds, RICO, illegal hiring under INA, county fails to show property interest in related health care, law enforcement expenditures, lacks standing to sue (9th Cir.), 440; (U.S., rev den), 1412 T-N-T Farms, Quality Kid Produce, FLSA, MSPA, farmworkers charge bean grower with wage, tax violations (S.D. Fla.), 80
Racial harassment, retaliation, black manager's conduct not severe or pervasive, claims properly rejected (8th Cir.), 996
ADA, waitstaff applicant not qualified, HIV-positive, AIDS not synonymous for pleading purposes (7th Cir.), 1371
ABX, DHL, secondary boycott ruling overturned, NLRB lacked jurisdiction over RLA-governed dispute (9th Cir.), 665
ATA Airlines, ALPA sues for back pay over failure to issue shutdown notice (Bankr., S.D. Ind.), 569 Northwest Airlines, ERISA, IAM contract employees lack standing to sue for breach of pilot employees plan (8th Cir.), 298
ABX, DHL, ALPA secondary boycott ruling overturned, NLRB lacked jurisdiction over RLA-governed dispute (9th Cir.), 665
Airline Flight Crew Technical Corrections Act Alaska Airlines, wrongful discharge, question of whether DOL's unreviewed dismissal of AIR 21 claim precludes state law claim certified to Cal. high court (9th Cir.), 539 American Airlines
Service charge of $2 per bag deprived skycaps of tips, jury awards $325K for Mass. violation (D. Mass.), 494; carrier bans tips for skycaps at Boston's Logan Airport, 642
USERRA, vacation and sick leave benefits unlawfully restricted for in service pilots on military leave, carrier settles DOJ class suit (N.D. Texas), 560 Continental Airlines, FMLA, pregnancy bias, fired flight attendant not eligible for leave, Ohio law bias claim rejected (6th Cir.), 75; (U.S., rev den), 1351 DHL Airways, ABX, ALPA secondary boycott ruling overturned, NLRB lacked jurisdiction over RLA-governed dispute (9th Cir.), 665 Miami Intl. Airport, Bus. Rep. Intl. skycaps had notice of tip credit, and baggage fee not a tip to be pooled, challenge rejected (S.D. Fla.), 11 North American Airlines, first-contract bargaining, carrier's unilateral changes to pilot's terms and conditions no RLA violation, status quo not required (9th Cir.), 375 Northwest Airlines, RLA requires arbitration of IAM members' fiduciary breach claims where plan at issue maintained pursuant to CBA (8th Cir.), 298 Return-to-work and follow-up drug testing, DOT rule expands use of observed urination for safety-sensitive positions, 1036; rule delayed, 1195 RLA, representation cases, union elections criteria, NMB proposes procedural changes affecting airline employees, 1037; NMB withdraws changes, cites concerns, confusion, 1257 San Francisco Intl. Airport, attorneys' fees far exceeding $30K won by white race bias claimant affirmed, no abuse of discretion (U.S., rev den), 918 Southwest Airlines, flight attendant's bias claims not a minor dispute under RLA, no preclusion where attendance provisions in CBA referenced but not interpreted (5th Cir.), 1029 United Airlines (UAL), OSHA, numerous violations at O'Hare trigger over $250K in fines, 634
State actions summary, 451; 703; 1291
State actions summary, 229; 319; 451; 783
Abuse
Meetings
Ed. Note: This heading includes federal and combined federal and state law claims. For cases involving state law claims only, see DISABLED EMPLOYEES.
ADA Amendments Act (ADAAA) Arthritic former cashier denied accommodation by employer may pursue claim, state law emotional distress claim fails (6th Cir.), 1243 Association bias
Cost related, claim revived for married couple fired for alleged time card fraud during son's cancer treatments (10th Cir.), 661
Related to escalating treatment costs, claim revived for fired nurse whose husband died of cancer (7th Cir.), 340 Confidentiality, conditioning FMLA leave on involuntary disclosure of actual diagnosis constitutes inquiry under ADA, claim may proceed (M.D. Tenn.), 147 Depression, worker who sought accommodation may proceed with ADA, state law retaliation claims (E.D. Tenn.), 541 Dismissal of charges, 3 grounds cut in new EEOC rule, 127 Essential job functions
Business necessity may justify UPS ban on deaf drivers, BFOQ ruling reversed, remanded for proof hearing standards linked to safety (9th Cir., en banc), 5
Presence, interaction required, 3-day limit not substantial limitation, agoraphobic worker who rejected transfer has no claim (3d Cir.), 907 Rotation through posts required for correctional officer, interactive process unnecessary when accommodation impossible (7th Cir.), 719 Wal-Mart greeter, $300K settles EEOC claims on behalf of rejected applicant with cerebral palsy (W.D. Mo.), 602 Flight attendant's bias claims not a minor dispute under RLA, no preclusion where attendance provisions in CBA referenced but not interpreted (5th Cir.), 1029 Hearsay evidence, improper exclusion of testimony regarding deaf applicant's TRS-transmitted conversation with employer's agent triggers reversal (7th Cir.), 1247 Insurance worker with poor performance fails to show pretext, effort to accommodate, although tardy, was reasonable (7th Cir.), 998 Major life activities
Driving not MLA even in rural area, improper jury instruction triggers reversal, remand (10th Cir.), 1396
Limitation in sitting, telecommunications worker not qualified (7th Cir.), 498 Waitstaff applicant not qualified, HIV-positive, AIDS not synonymous for pleading purposes (7th Cir.), 1371 Reassignment, disabled candidate not the most qualified, accommodation claim rejected (U.S., dismissed following settlement), 95 Regarded as disabled
Cerebral palsy, transferred Wal-Mart pharmacy aide's $900K award affirmed (2d Cir.), 960
Shipping supervisor with Parkinson's Disease unlawfully fired, award upheld (4th Cir.), 153 Substantial limitation in working, claim revived for electrician demoted to janitor due to alleged safety risk (10th Cir.), 772 Worker who could not meet physical demands of position failed to show disability (6th Cir.), 46 School district failure to hire deaf applicant not bias where other applicants more qualified for IT job (D.C. Cir.), 690 Sex offender registration not a disability, firing of store manager under new policy not bias (S.D. Texas), 1087 Top Ten Issues in Employment Bias Law, ABA panelists predict rise in lawsuits as economy worsens, 1263
ERISA, stock drop 401(k) suits target financial industry in throes of subprime mortgage meltdown, 1284
Genetic Information Nondiscrimination Act (GINA), employer advocates wary of new law's potential effects, attorneys offer views, 728 Noncompete agreements, enforcement of post-employment restrictions in global economy, U.S. and EU law compared, contrasted, 479 Office romance, love contracts between co-workers in consensual relationship may curb litigation, 223 Political expression in workplace, legal limits, attorneys review federal and state laws, federal election laws, rules for tax-exempt employers, 196 Privacy expectation reasonable, auditing text messages on employer-issued pager 4th Amend., Cal. violation (9th Cir.), attorneys analyze effect of ruling on monitoring policies, best practices, 975
Wal-Mart, earned wages, accrued leave, final payments withheld from fired workers, class certified (N.D. Cal.), 335
Bad faith inferred, ex-employee unlawfully altered contents, links during post-termination control of corporate web site (S.D. Ind.), 406
Hot cargo provision, construction industry exception to NLRA ban saves LIUNA CBA (7th Cir.), 341
Ohio home health care workers bargaining rights order may violate federal antitrust law, harm consumers, FTC warns, 301 Restraint of trade, nonunion steel erectors' challenge to IW job targeting fund revived (1st. Cir.), 1089
Bolivar-Tees, firing of pro-union workers was ULP, NLRB properly held owner personally liable for back pay (8th Cir.), 802
Cintas
Living wage violations in plants outside city limits contractually enforceable, $1.44M back pay award upheld (Cal. Ct. App.), 840
Restrictive covenants, trial court's power to repair flaws in unenforceable noncompete pact discretionary, not mandatory, fees award upheld (7th Cir.), 346 Levi Strauss, retaliation, SOX claimants have no statutory or constitutional right to jury trial, equitable remedies authorized, not monetary relief (N.D. Cal.), 472 Prudential Overall Supply, $65K in back pay, fines settles uniform supplier's living wage violations (Cal. Sup. Ct.), 996 Venture 47/Garlee NY, contractor and owners charged with $5M in N.Y. wage violations, records fraud in enforcement sweep, 1040
ERISA, issue exhaustion not required, federal appeal not barred by failure to raise all theories in administrative appeal (9th Cir.), 1314
FECA, DOL issues final rules, 1407 Pa., labor disputes, public sector appeals process standardized under new law, In Brief, 1041 Tyson Foods, donning and doffing, appeal of denial of summary judgment premature, injunction not modified (10th Cir.), 1084
Fraud, prison record deception is question for jury, welder who filed for workers' compensation can proceed with retaliatory firing claim (W.D. Tenn.), 465
Resume fraud does not limit punitive, emotional distress damages for hostile environment (N.J.), 773 Selection procedures (UGESP), EEOC votes to seek White House approval on extension of guidelines' recordkeeping rules, Internet concerns aired, 413; comment sought on request to OMB to renew UGESP without change, 444 Title VII retaliation, failure to hire, children of bias claimant not protected, but employee's claim based on same facts advances (D.N.M.), 1055
Mich., ERISA does not preempt state law ratio, equivalency requirements, 1992 injunction lifted (6th Cir.), 1254
ULPs, NLRB ordered to reconsider ruling that joint apprenticeship committee acted as agent of IBEW (6th Cir.), 187
Aramark, no-match discrepancies not constructive notice of undocumented status, reinstatement upheld for fired janitors (9th Cir.), 850
Assignment of obligations, neutrality/card-check pact not binding on successor owner of casino which had closed operations (5th Cir.), 936 Celebrity Cruises, stateroom attendant must arbitrate wage claim despite Seaman's Wage Act access to federal courts (U.S., rev den), 96 Choice of remedies, CBA provision requiring state employees to choose between grievance arbitration and administrative, judicial remedies no Title VII violation (2d Cir.), 957 Disability benefits at issue not created by or incorporated by CBA, thus denial not subject to grievance procedure (3d Cir.), 537 FAA Mandatory Neutrality, pact limiting pool of arbitrators to franchisee's employees is unenforceable (Wash. Ct. App.), 215 Overtime, class decertification bars arbitration of claims, ex-members must sue as individuals (D. Minn.), 45 Performance management plan implementation potential pact breach, IBEW recognition clause triggers arbitration (U.S., rev den), 416 Racial harassment, retaliation, $550K jury award upheld for elevator maintenance worker fired for refusing to arbitrate bias claim (11th Cir.), 115 RLA, flight attendant's bias claims not a minor dispute, no preclusion where attendance provisions in CBA referenced but not interpreted (5th Cir.), 1029 USW pensions, CBA dictates arbitration for unilateral decision to bar new hires from defined benefit plan (D. Del.), 608
Legal Arizona Workers Act, business groups denied TRO on hiring sanctions bill mandating use of E-Verify (D. Ariz.), bid for emergency stay rejected (9th Cir.), 28; governor calls for changes to correct defects in bill, In Brief, 101; contractors challenge bill, enforcement postponed until March pending ruling (D. Ariz.), 164; constitutional challenge rejected, law upheld (D. Ariz.), 219; coalition bid to halt implementation rejected (D. Ariz.), 351; clarified hiring sanctions enacted, 641; licensing law valid, preemption, due process claims properly dismissed (9th Cir.), 1280
State actions summary, 29; 102; 229; 582; 644; 703; 783; 858; 1011; 1066; 1200; 1353; 1414 Wages, farmworkers entitled to pay for time spent waiting for ice to melt on crops (D. Ariz.), 1368
FMLA for military families
Overtime, civilian Army recruiters who find candidates but do not enroll get no outside sales exemption (10th Cir.), 959 USERRA
Liability, procedural nature of Ohio law requiring more threshold evidence than FELA saves it from preemption (U.S., brief sought), 854
See DUES, UNION
Bad bosses survey shows economic woes pressure workers not to quit, top gripes reviewed, 995
Job satisfaction
See JOB SATISFACTION
Barratry, ex-attorney convicted of 13 felonies has no Title VII standing to challenge school district's hiring bar (5th Cir.), 659
Bellows and Bellows, ERISA, reclassification as independent contractor after breakup of romantic affair not interference (7th Cir.), 252 DLA Piper, insubordination justified firing of first-year associate, no race bias motivation (S.D.N.Y.), 209 Immigration fraud, bribery, ICE attorney and spouse arrested (C.D. Cal.), 941 Legal Servs. of N.C., separation pact waiving member's rights under CBA without union knowledge was ULP, disclosure ordered (NLRB), 720 Littler Mendelson, ex-NLRB chairman Battista joins lawfirm, In Brief, 637 Minnesota Whistleblower Act, former in-house counsel has no retaliation claim, reporting legal violations was job duty (Minn. Ct. App.), 845 Rapidigm, hostile environment claim fails for attorney whose shocking language, conduct was contributing factor (3d Cir.), 1245 Seyfarth Shaw, Fourth Annual Workplace Class Action Litigation Report released, overview, 131 Title VII protects attorney who represented city in EEOC mediation from retaliatory firing when opposing counsel became mayor (10th Cir.), 1272 Trial practice
See TRIAL PRACTICE
ADA, fees and sanction properly denied, false memory syndrome claim dubious but not frivolous (3d Cir.), 149
Love contracts between co-workers in consensual relationship may curb litigation, Analysis & Perspective, 223 Privacy Act, black lung claimant denied fees in challenge to DOL's disclosure of Social Security number (4th Cir.), 51 Race bias, promotions, fees far exceeding damages won by white claimant affirmed, no abuse of discretion (U.S., rev den), 918
Caterpillar, ERISA, NLRA, third party claim that UAW was partly liable for unlawful retiree health benefits cuts rejected (M.D. Texas), 668
DaimlerChrysler shooting spree case remanded to state court, no LMRA preemption of Ohio negligence claims not based on CBA (6th Cir.), 502 Local 2269, FMLA, exotic dancing for pay during leave violated pact, firing lawful (S.D. Ohio), 903 Local 2296, no ERISA remedy for deprivation of plant closure benefits, impermissible instatement order reversed (U.S., rev den), 947 Local 2320, separation pact waiving member's rights under CBA without union knowledge was ULP, disclosure ordered (NLRB), 720 Trump Plaza Atlantic City, clean win declared, UAW certified to represent dealers (NLRB), 777
Atlantic Automotive Components, ERISA interference, termination for misreporting pay to state UI agency lawful, no pretext shown (W.D. Mich.), 1315
Bosch Auto. Sys., no ERISA remedy for deprivation of plant closure benefits, impermissible instatement order reversed (U.S., rev den), 947 DaimlerChrysler shooting spree case remanded to state court, no LMRA preemption of Ohio negligence claims not based on CBA (6th Cir.), 502 Delphi, retirement plans, ERISA fiduciary breach settlement wins final approval, could hit $331M (E.D. Mich.), 86 Ford Motor
Ford Motor Credit, confidentiality, conditioning FMLA, leave on involuntary disclosure of actual diagnosis constitutes inquiry under ADA, claim may proceed (M.D. Tenn.), 147
Privacy, §1983 claims rejected for workers fired after undercover drug sting (W.D. Ky.), 846
ERISA, partial disclosure of SEC data misled ESOP participants, $37.5M, monitoring settles fiduciary breach claims (E.D. Mich.), 123
Ohio tort claims for nondisclosure of lung test results remanded on jurisdictional grounds, no pact interpretation required (6th Cir.), 683 Hyundai Motor Mfg. Ala., USERRA harassment, fired National Guard member may sue for bias but not termination (M.D. Ala.), 717 USCAR, joint employers, FMLA claim revived for IT manager employed by contractor, terminated by client (6th Cir.), 427 Volvo Parts N. Am., FMLA, exotic dancing for pay during leave violated UAW pact, firing lawful (S.D. Ohio), 903
AirTran Airways, whistleblowing maintenance manager's firing not linked to protected activity (11th Cir.), 1313
Birken Mfg., machinist's retaliatory firing claim remanded for re-evaluation of firm's defense (DOL ARB), 1170 DOL ARB decisions, briefly, 512; 674; 1170 UPS airplane mechanic's safety complaints triggering discipline too vague to merit protection (DOL ARB), 511 Wrongful discharge, question of whether DOL's unreviewed dismissal of claim precludes state law claim certified to Cal. high court (9th Cir.), 539
Good-Faith Initiative for Veterans Employment (G-FIVE), OFCCP will recognize contractors for hiring, promoting veterans, 1062
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