Workplace Law Report Index-Summary

BACK PAY

– S. Cal. Maid Serv., nonpayment of back wages, judge orders daily fines over $2K per day (C.D. Cal.), 569
– ULPs, union challenge to NLRB ruling assigning burden of proof to rejected union salt dismissed, unripe (D.C. Cir.), 512

BACKGROUND CHECKS

– Hiring criteria, use of credit, criminal histories, EEOC class suit (D. Md.), 1354
– NASA, constitutional, privacy concerns trigger bar for low-level contractors, rehearing en banc denied (9th Cir.), 805
– Privacy Act, PBGC-17, new system proposed to protect records for law enforcement, 518

BADGES AND BUTTONS

– ULPs

– – Newspaper publisher's ban on display of union placard, armband unlawful (D.C. Cir.), 959
– – Protected activities, button ban unlawful (NLRB), 45

BANKRUPTCY

– Fla., withdrawal of job offer, hiring, firing, rights under bankruptcy code (M.D. Fla.), 1454
– Frontier Airlines, §1113 standards improperly applied to terminate IBT pact, overturned (S.D.N.Y.), 1019
– Halpin Mechanical & Electrical, contributions owed to multiemployer plans not “assets” triggering ERISA fiduciary status, but debts dischargeable in bankruptcy (2d Cir.), 672
– Labor claims, primary allegiance of bench is to bankruptcy code, not NLRA, speaker examines records, priorities, effects, 337
– Pensions, termination premiums payable to PBGC not “claims” dischargeable in Chapter 11 reorganization (2d Cir.), 548
– Pre-bankruptcy claims lack transaction with bankruptcy estate, pension benefits, WARN Act debt not priority administrative expenses (6th Cir.), 229

BARGAINING UNITS

– Accretion, improper standard applied, franchise workers unlawfully joined to existing UNITE HERE hotel workers unit (NLRB), 1292
– Consolidation, post-merger decision to move IBEW unit into larger CWA unit was “core business decision” exempt from NLRA bargaining duty (9th Cir.), 603

BBF

See BOILERMAKERS (BBF)

BECK RIGHTS

– Federal contractors, OLMS rescinds rule that employees must be notified of right not to join union, to pay fees only for representational expenditures, 473

BEVERAGE INDUSTRY

– Coca-Cola, ATCA, TVPA, paramilitary ties, Colombian labor leaders' consolidated claims against bottling plants dismissed (11th Cir.), 1125
– Northeast Bev., drivers' walkout to attend bargaining no-strike violation, not protected mutual aid related to labor dispute, NLRB ruling overturned (D.C. Cir.), 196

BLOGS

See INTERNET

BOILERMAKERS (BBF)

– Fluor Daniel, back pay, damages for rejected salts calculable under Oil Capitol evidentiary standards, no extraordinary circumstances shown, bid for reconsideration rejected (NLRB), 259

BONA FIDE OCCUPATIONAL QUALIFICATIONS (BFOQs)

– ExxonMobil, ADEA, EEOC suit over grounding of cporporatem pilots at age 60 revived, reliance on FAA rule for BFOQ defense improper (5th Cir.), 1225

BONUSES

– FLSA, deductions from base pay to reclaim bonuses already paid destroys salary basis, overtime-exempt status (6th Cir.), 696
– N.Y. forfeiture penalty, faithless servant doctrine (Mass.), 1418
– Rewarding Achievement and Incentivizing Successful Employees (RAISE) Act

See LEGISLATION, FEDERAL, HR 2732, S 1184

– Safety bonus

– – Payment for emergency communications operators remained discretionary despite pact, not included in regular rate of pay for overtime calculations, Wage and Hour Op. Letter, 56; text, 60
– – Properly factored into regular rate of pay for calculation of overtime covering same period, Wage and Hour Op. Letter, 400; text, 417

BREAKS, MEAL AND REST

– Cal. Private Attorneys General Act allows labor code claims to be brought as representative action without meeting class action requirements (Cal.), 908
– Cal., union lacks standing to sue under PAGA, unfair competition laws (Cal.), 965
– Class arbitration waiver, bar on seeking civil penalties on behalf of other employees unconscionable, unenforceable (Cal. Ct. App.), 391
– Del Monte Fresh Produce, compensation of minimum wage workers (Ore. Cir. Ct.), 1386
– FedEx, five subclasses of drivers certified for class actions but three stayed (N.D. Cal.), 597
– Flight attendant scheduling issues constitute “minor dispute” under RLA, arbitration required (9th Cir.), 770
– Ill. law, NLRA preemption (U.S., rev den), 1366
– MSPA, dairy workers “seasonal” because business slows in summer months, FLSA, Cal. wage, breaks claims advance (E.D. Cal.), 345
– New Day Fin., mortgage account executives not required to arbitrate FLSA collective action claims, mandatory clause, waiver unenforceable (E.D. Pa.), 1190
– Railroad workers' rest periods, interruptions barred under FRA proposed interpretation, summary, 883
– Tyson Foods, no overlap, meat workers' collective FLSA, Kansas claims advance (D. Kan.), 278
– UPS, overtime, account managers seek $100M in Cal., FLSA class claims (S.D. Cal.), 1163
– Wal-Mart

– – Minn. class action, settlement of $54.25M, civil penalty approved (Minn. Dist. Ct.), 800
– – Payment of up to $640M settles 63 pending state and federal suits, 5; $65M - $85M settlement of over 30 claims wins preliminary approval (D. Nev.), 764
– – Wash. workers' class claims settled for $35M, approved (Wash. Super. Ct.), 1053

BREASTFEEDING AT WORK

– Breastfeeding Promotion Act

See LEGISLATION, FEDERAL, HR 2819

BROADCASTING INDUSTRY

– HBO, ADA, ADEA, attorney-investigator repeatedly arrested by transit police waived right to sue in RIF-related severance accord (E.D.N.Y.), 737
– Post-Newsweek Stas. San Antonio, sex bias, news reporter fired under morals clause failed to show disparate treatment (W.D. Texas), 994
– Voice of America Persian News Network, 1st Amend. retaliation suit proceeds for Iran-born translator fired after criticizing Iraq war (D.D.C.), 1262

BUILDING SERVICES

– ADT Security Servs., recognition withdrawn from IBEW when reassignment combined represented and unrepresented workers, bargaining unit analysis faulty, injunction denied (W.D. Mich.), 705
– Community Development, religious harassment, property manager's claim revived where hostile environment claim improperly treated as constructive discharge with different elements (8th Cir.), 1085
– Horizon Investment Mgt., retaliation, executive fired during FMLA leave raises pretext issue for jury, but religious bias rejected (10th Cir.), 1162
– Meridian Mgt., successor employer, subcontractor pact, arbitration (2d Cir.), 1391
– S. Cal. Maid Serv., nonpayment of back wages, judge orders daily fines over $2K per day (C.D. Cal.), 569
– Triangle Servs., ADA, “substantive waiver” not enforceable, but office cleaner cannot be compelled to arbitrate where blocked by SEIU pact (S.D.N.Y.), 741

BURDEN OF PROOF

– ADEA, mixed-motive, disparate treatment requires but-for causation, motivating factor standard, burden-shifting rejected, attorneys discuss impact of Gross on summary judgment analysis, other federal laws, 1038
– Ind., mixed-motive jury instruction allowable based on direct or circumstantial proof of bias (Ind.), 767

BUS TRANSPORTATION

– Dean Transp., successor employer cannot install new union, ordered to recognize, bargain with union representing predecessor's employees (D.C. Cir.), 115