Workplace Law Report Index-Summary

BACK PAY

– Mitigation, claimants have burden to prove reasonable efforts to find work, NLRB issues guideline memo, 1339
– Salting, investigation, litigation under new NLRB standards, guideline memos issued on Toering, Oil Capitol changes, 255

BACKGROUND CHECKS

– Blogs, networking sites, web videos now generate many privacy disputes, speakers explore altered landscape, 1038
– NASA, constitutional, privacy concerns trigger injunction on rule for low-level contractors (9th Cir.), 85
– Patient Safety and Abuse Prevention Act

See LEGISLATION, FEDERAL, S 1577

– Private Security Officer Employment Authorization Act

See LEGISLATION, FEDERAL, HR 2703

– Security, Transportation Worker Identification Credential (TWIC) program rollout fairly smooth, House panel told, 127
– Sex offender registration not a disability under ADA, firing of store manager under new policy not bias (S.D. Texas), 1087
– Workplace violence policies, litigation, liability discussed at ABA forum, 1290

BAKERY WORKERS (BCTGM)

– Heinemann's Bakeries, WARN Act, plant posted notice of temporary closure but never reopened prior to sale, unforeseen business circumstance, good faith may trigger exemption (N.D. Ill.), 535
– Michigan Sugar, grievance arbitration over denial of health benefits to workers who honored picket line required pact interpretation, review limited, award reinstated (6th Cir.), 805

BANKRUPTCY

– ATA Airlines, ALPA sues for back pay over failure to issue shutdown notice (Bankr., S.D. Ind.), 569
– ERISA, “stock drop” 401(k) suits target financial industry in throes of subprime mortgage meltdown, 1284
– Owens Corning, ERISA, fiduciary breach claims alleging imprudent investment in company stock timely filed (N.D. Ohio), 474
– PPA, plan termination, PBGC proposed rule would drop guarantee on benefits earned after filing, overview, 942

BARBERS AND BEAUTICIANS

– Regis, failure to name in-state check cashing facility unlawful, but no statutory penalty where out-of-state check cashed without delay or expense (N.D. Cal.), 12

BARGAINING DUTY

– First-contract charges, NLRB “very preliminary” statistics show numbers, merit rates reduced, Meisburg reports, 700

BARGAINING ORDERS

– ULPs

– – Anti-union animus, §10(j) interim injunction upheld against concrete firm for numerous ULPs (7th Cir.), 1374
– – Interference, Gissel bargaining order adopted to remedy cable installer's numerous violations during IBEW organizing (NLRB), 1337
– – Order enforced against firm that ignored union throughout certification year, then tried to decertify (11th Cir.), 603

– Undocumented workers “employees” under NLRA despite IRCA violations, order upheld (D.C. Cir.), 48

BARGAINING UNITS

– Presumption favoring single-facility election rebutted, IBT unit must cover truck drivers at two terminals (NLRB), 1275

BCTGM

See BAKERY WORKERS (BCTGM)

BECK RIGHTS

– Agency fees, IBT outside organizing costs not shown to be chargeable to nonmembers, fair representation breach (D.C. Cir.), 565

BEVERAGE INDUSTRY

– Allan S. Goodman, disabilities, Conn. law requires reasonable accommodation, interactive process, driver's bias and retaliation claims revived (Conn.), 580
– Anheuser-Busch, sexual harassment complainant's car set on fire, employer potentially liable for retaliatory acts of co-worker, Ohio claim revived (6th Cir.), 245
– Coca-Cola

– – BCI Bottling, race bias, $250K, training settles EEOC claim based on cat's paw theory of liability (D.N.M.), 564
– – Employee's decertification petition reinstated, MOU on distribution methods improperly ruled contract bar (NLRB), 1165
– – ERISA, benefits offsets for Social Security awards reasonable, level of review for conflicts discussed but not reached (11th Cir.), 1252
– – Faith-based employers should not mandate religious service attendance, ABA panelists offer policy tips, 547
– – Race bias, standing, pattern or practice claim must be brought as class action (11th Cir.), 211

– PepsiAmericas, USERRA, differential pay denial was willful violation, reservist's $83K award upheld (6th Cir.), 365
– Pyramid Breweries, meal and rest breaks violations, owners of 3 brew pubs will pay $1.3M to settle class claims (Cal. Sup. Ct.), 561

BFOQs

See BONA FIDE OCCUPATIONAL QUALIFICATIONS (BFOQs)

BLS

See LABOR STATISTICS BUREAU (BLS)

BONA FIDE OCCUPATIONAL QUALIFICATIONS (BFOQs)

– Sex bias, BFOQ defense not proven, partial reversal secures verdict for claimants (7th Cir.), 1185

BREAKS, MEAL AND REST

– Car wash industry, N.Y. finds widespread violations, 1173
– Catholic Healthcare West, nurses seek class status to challenge violations (Cal. Sup. Ct.), 207
– Chinese Daily News reporters' class awarded $5.9M, includes interest, penalties (C.D. Cal.), 333
– FLSA, missed time treated as hours worked, minimum wage, overtime rules apply, Wage and Hour Op. Letter, 1096; text, 1101
– Machinist fired for napping during meal period properly denied UI benefits (Pa. Commw. Ct.), 961
– Oracle, FLSA, Cal. class suits settled for $1.2M, preliminarily approved (N.D. Cal.), 1428
– Pyramid Breweries, owners of 3 brew pubs will pay $1.3M to settle class claims (Cal. Sup. Ct.), 561
– Restaurant workers' class certification vacated where individual issues predominate (Cal. Ct. App.), 1047
– Sun Microsystems, SeeBeyond Tech., technical writer's class certified (Cal. Sup. Ct.), 685
– Sutter Health, dialysis nurses file class action (Cal. Sup. Ct.), 242
– Wal-Mart Stores, class claimants win $6.5M in compensatory damages for state law claims (Minn. Dist. Ct.), 927
– White Cap Indus., drivers' Cal. class certified (Cal. Sup. Ct.), 78

BREASTFEEDING AT WORK

– Lactation accommodation lacking, Cal. fines security services firm $4K, 921

BROADCASTING INDUSTRY

– NBC Universal, N.Y., journalist's ethics conflict not protected, nonrenewal of contract no breach even if pretextual (7th Cir.), 1251
– Next Entm't, conflicts of interest, legal services, networks' bid to disqualify WGA's law firm from representing reality show employees rejected, valid waivers signed (Cal. Ct. App.), 769

BUILDING SERVICES

– ABM Indus., sexual harassment, women subjected to violence by convicted rapist/sex offender supervisor may intervene anonymously in EEOC suit (E.D. Cal.), 372
– Aramark Facility Servs., no-match discrepancies not constructive notice of undocumented status, reinstatement upheld for fired janitors (9th Cir.), 850
– Audubon Communities Mgt., U visas certified, undocumented workers detained by ICE after demanding wages will aid civil abuse investigation (E.D. La.), 609
– Bagby Elevator, racial harassment, $550K jury award upheld for elevator maintenance worker subjected to epithets, taunts, threats (11th Cir.), 115
– Executive Mgt. Servs., sexual harassment, retaliation, janitor lacked good-faith belief that supervisor's demands for sex were unlawful, verdict reversed (7th Cir.), 1370
– Finkelstein Morgan, overtime, contractor violations on NYC building renovations, $1.2M, retaliation bar settles N.Y. charges, 1041
– Korman Communities, FMLA, transfer and discharge of apartment manager not linked to maternity leave (3d Cir.), 7
– Sunset Pools Mgt., overtime, lifeguards subject to amusement and recreational exemption, claims against employer, staffing firm rejected (D.D.C.), 1050
– Tidy Bldg. Servs., Cal. DIR sues for wage, tax violations in subcontracting practices (Cal. Sup. Ct.), 369
– Westrec Marina Mgt., sex bias, liability coverage forfeited through failure to timely notify insurer of demand letter (Cal. Ct. App.), 935

BURDEN OF PROOF

– ADEA, reasonable factors other than age (RFOA) 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
– Salting, investigation, litigation under new NLRB standards, guideline memos issued on Toering, Oil Capitol changes, 255

BUREAU OF

See specific bureaus

BUS TRANSPORTATION

– Five Star Transp., letter-writing campaign to protect job conditions protected activity, refusal to hire school bus drivers was ULP (1st Cir.), 500