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CABLE AND SATELLITE SERVICES

– Echostar Satellite, FLSA retaliation, informal, internal complaints protected, but not remarks made in management role (5th Cir.), 769

CALIFORNIA

– Age bias, discovery, 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
– Arbitration

– – Mandatory arbitration clause in small print on back of job application form unconscionable, wrongful firing suit may proceed (Cal. Ct. App.), 121
– – Talent Agencies Act provides labor commissioner with exclusive jurisdiction over agent/performer disputes, but FAA may preempt (U.S., oral arg), 93; signed accord controls, FAA supersedes Cal. law (rev), 259; text, 270

– Breaks, meal and rest

– – Brew pub owners will pay $1.3M to settle class claims (Cal. Sup. Ct.), 561
– – 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
– – Oracle settles FLSA, Cal. class suits for $1.2M, preliminarily approved (N.D. Cal.), 1428
– – Sutter Health, dialysis nurses file class action (Cal. Sup. Ct.), 242
– – Technical writer's class certified (Cal. Sup. Ct.), 685
– – White Cap Indus., drivers' Cal. class certified (Cal. Sup. Ct.), 78

– Breaks, off-the-clock work, restaurant workers' class certification vacated where individual issues predominate (Cal. Ct. App.), 1047
– Breastfeeding at work, security services firm fined $4K for lack of lactation accommodation, 921
– Compassionate Use Act, criminal law permitting use of medical marijuana not applicable to employment, firing upheld (Cal.), 156
– Day laborers

– – Los Angeles, accommodation ordinance requiring home improvement stores to set aside space approved, 1172
– – Vista, privacy, preliminary injunction barring release of registered employers' personal data upheld, writ denied (Cal. Ct. App.), 23

– Disability bias, FEHA

– – Association bias broader under FEHA than ADA, job applicant rejected due to friendship with disabled employee may sue (N.D. Cal.), 293
– – Lake County, failure to reinstate juvenile hall officer due to prior wrist injury, $1.7M jury award upheld (N.D. Cal.), 241

– Family Rights Act, depressed hospital technician working less stressful part-time job not conclusive proof of ability to work full-time job, firing claim revived (Cal.), 491
– Farmworkers

– – Entitled to pay for time spent waiting for ice to melt on crops (D. Ariz.), 1368
– – Secret-ballot election bill vetoed, 1321

– Fraudulent inducement, chefs brought from Mexico may sue, administrative hearing on related wage claims no bar (Cal. Ct. App.), 189
– Free speech, content-based restrictions, mall ban on union picketing, handbilling violates state constitution, NLRA (9th Cir.), 1188
– Health care, San Francisco ordinance requires employers to pay for worker coverage, city, county, intervenor unions seek emergency stay of ERISA preemption ruling (9th Cir.), 21; ordinance enforceable pending outcome of ERISA challenge, 64; DOL claims ERISA preemption, seeks reinstatement of injunction (9th Cir.), 505; enrollments, program status, employer perspectives discussed, 676; ordinance not governed by or related to ERISA, no preemption (9th Cir.), 1301
– Hiring preferences, time-barred claims against San Francisco accrued with notice of rejection, not suspicion of discriminatory intent (9th Cir.), 1156
– “Hours worked,” temporary agency not required to pay earned wages immediately upon completion of every assignment (C.D. Cal.), 1154
– “Kin care” law mandating use of sick leave to care for others applies to “sickness absence” provision in CBA (Cal. Ct. App.), 716
– Labor neutrality law, employers urge justices to rule that NLRA preempts (U.S., oral arg), 395; NLRA preempts, state-funded employers' non-coercive speech lawful (U.S., rev, rem), 832; text, 886
– Living wage

– – Hayward, violations in plants outside city limits contractually enforceable, $1.44M back pay award upheld (Cal. Ct. App.), 840
– – Law for LAX-area hotel workers upheld, Century Blvd. hotels appeal ruling (Cal.), In Brief, 227; petition for review denied (Cal.), 529
– – Los Angeles Airport Hilton loses bid to halt pay rate for LAX-area hotel workers (C.D. Cal.), 1333
– – San Diego, $65K in back pay, fines settles uniform supplier violations (Cal. Sup. Ct.), 996

– Mandatory arbitration, statutory right to sue for overtime unwaivable, class action ban unenforceable where significantly more effective in vindicating rights (U.S., rev den), 470
– Medical marijuana bias bill vetoed, 1321
– Overtime

– – Conflicts of interest, bid to disqualify WGA's law firm from representing TV reality show workers rejected, valid waivers signed (Cal. Ct. App.), 766
– – Drywall firm sued for $5M in back pay, benefits (Cal. Sup. Ct.), 77
– – Exemption enacted for salaried computer professionals, 1321
– – Holiday work at premium pay does not entitle claimant to overtime for same week (Cal. Ct. App.), 798
– – Oracle settles FLSA, Cal. class suits for $1.2M, preliminarily approved (N.D. Cal.), 1428
– – Pharmaceutical sales rep meets outside sales exemption despite no direct selling (C.D. Cal.), 42
– – Sutter Health, dialysis nurses file class action (Cal. Sup. Ct.), 242
– – Technical writer's class certified (Cal. Sup. Ct.), 685

– Prevailing wages, undocumented workers may sue employer under state law for failure to pay on public works jobs (U.S., rev den), 264
– Privacy, expectation reasonable, auditing text messages on police sergeant's department-issued pager 4th Amend., Cal. violation (9th Cir.), 909; attorneys analyze effect of ruling on employee monitoring policies, best practices, 975; electronic communications policies, review advised, ruling widens standard of reasonable expectation as to company-provided tools, 1039
– Race bias

– – Exhaustion, right-to-sue letter from state agency sufficient basis for suit where plaintiff lacks but is entitled to have EEOC letter (9th Cir.), 435
– – “Same actor” evidence afforded no extra weight, damages upheld, punitive award reinstated (Cal. Ct. App.), 628

– Racial harassment

– – Sexual orientation bias, black, bisexual plastic surgeons' claims against hospital rejected, foreclosed (9th Cir.), 248; rehearing granted on harassment claim (9th Cir.), 1054

– Safety and health, public policy, claim revived for meat plant manager discharged after complaining about impact of owner's meth-addicted son on plant safety certification (Cal. Ct. App.), 297
– Same-sex marriage, high court rules state ban unconstitutional (Cal.), 694
– Secondary boycotts, handbilling ban unlawful, mall is public forum, content-based speech prohibitions improper (Cal.), 15; NLRB ruling enforced (D.C. Cir.), 664; (U.S., rev den), 1349
– Sexual orientation bias, no individual liability for retaliation under FEHA, verdict against former supervisor reversed (Cal.), 371
– State actions summary, 29; 102; 165; 229; 319; 384; 451; 514; 582; 644; 703; 783; 858; 948; 1011; 1066; 1200; 1232; 1291; 1353; 1414
– Tips

– – Service charges, Los Angeles ordinance aimed at LAX-area hotels conflicts with state labor code, unenforceable (Cal. Sup. Ct.), 902
– – Tip pooling among Starbucks baristas, shift supervisors, and “shift leads” unlawful (Cal. Sup. Ct.), 401; court orders $105M in restitution to baristas, appeal planned, 430

– Wage and hour

– – Earned wages, accrued leave, final payments withheld from fired workers, class certified (N.D. Cal.), 335
– – Final wages, failure to pay by deadline, $15M settles state law class claims (Cal. Sup. Ct.), 766
– – Monetary relief claims nonincidental, Wal-Mart workers' bid for class certification revived (9th Cir.), 600
– – Paycheck law violated by failure to name in-state cashing facility, but no statutory penalty where out-of-state check cashed without delay or expense (N.D. Cal.), 12
– – Starbucks barista who dry-cleaned machine-washable apron not entitled to reimbursement for time, costs (N.D. Cal.), 1025
– – Subcontracting, Cal. DIR sues janitorial service for wage, tax violations (Cal. Sup. Ct.), 369

– Wage bias paycheck rule bill vetoed, 1321
– Whistleblowing

– – Los Alamos lab auditor fails to prove federal retaliation charges, but Cal. law claim advances (D.N.M.), 847
– – Protections enacted for local government employees, 1321
– – Retaliation, white police officer who complained about supervisor's racial slurs wins $3.1 (Cal. Super. Ct.), 1275
– – 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

CANADA

– NAFTA

See NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)

CARPENTERS (UBC)

– Chicago Regional Council, 1st Amend., poem lampooning target of labor dispute protected free speech, not actionable defamation (Ill. Ct. App.), 181
– Empire State Council, mall owner lawfully denied UBC right to distribute literature to general public criticizing tenant's use of nonunion labor, content, context unprotected (2d Cir.), 1031
– Local 848, free speech, content-based restrictions, mall ban on union picketing, handbilling violates Cal. constitution, NLRA (9th Cir.), 1188
– Local 2316, decertification, employer's NLRA violations occurred after union had lost majority support, injunction denied (E.D. Va.), 1058
– N.J. Reg. Council, UBC, union contractor sue home builder, subcontractors for hiring, misclassifying undocumented workers to depress wages (N.J. Sup. Ct.), 442

CASH BALANCE PLANS

– ERISA

– – Equitable, Verizon, reductions in benefits accrual due to time value of money, not attainment of age, bias claims rejected (2d Cir.), 968
– – Failure to use whipsaw calculation for pre-PPA lump-sum distributions caused unlawful forfeiture, participants' $46M award upheld (U.S., brief sought), 812
– – S. Cal. Gas (SCGC), Cal. age bias claims rejected, disparity due to time value of money, ADEA claim also rejected (9th Cir.), 1192

– Tax treatment under PPA, IRS releases proposed regulations, overview, 24

CASINOS

– Aladdin, HR managers' interruption of organizers seeking card check authorizations in employee dining room not improper surveillance of union activity (9th Cir.), 154
– Gulfside Casino P'ship, assignment of obligations, neutrality/card-check pact not binding on successor owner of casino which had closed operations (5th Cir.), 936
– Trump Plaza Atlantic City, clean win declared, UAW certified to represent dealers (NLRB), 777
– Venetian Casino Resort

– – Disclosure of employer information, release to 3d party barred due to conflict between EEOC policy and its own FOIA rules (D.C. Cir.), 930
– – Picketing, NLRA bars interference with non-employee union members' rally on casino-owned sidewalk (U.S., rev den), 415

– Wynn Las Vegas, dealers lacked standing to file tip-pooling challenge, administrative process adequate remedy (Nev.), 1393

CFAA

See COMPUTER FRAUD AND ABUSE ACT (CFAA)

CHANGE TO WIN (CTW)

– Minority-union, members-only bargaining is enforceable right under NLRA, CTW files rulemaking petition with NLRB to clarify, 55

CHEMICAL INDUSTRY

– Dow Chem., mandatory training, engineers' overtime claims settled with back pay, DOL accord, 181
– DuPont

– – ERISA bars assignment, alienation of plan benefits, QDRO required to waive rights in divorce (U.S., rev grant), 263; status discussed, 1329; plan document rule examined (U.S., oral arg), 1345; supplemental briefings sought on plan document rule (U.S., brief sought), 1440
– – USW pensions, CBA dictates arbitration for unilateral decision to bar new hires from defined benefit plan (D. Del.), 608

– Nalco, PDA, infertility treatments protected gender-specific activity, claim revived for woman fired after beginning in vitro fertilization (7th Cir.), 1024
– Pharmaceuticals

See PHARMACEUTICAL INDUSTRY

– Prohibiting the Department of Labor's Secret Rule Act

See LEGISLATION, FEDERAL, HR 6660

– Rohm and Haas, ERISA, disability benefits at issue not created by or incorporated by CBA, thus denial not subject to grievance arbitration (3d Cir.), 537
– Workplace risk assessment

See LEGISLATION, FEDERAL, S 3566

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD (CSB)

– Combustible Dust Explosion and Fire Prevention Act

See LEGISLATION, FEDERAL, HR 5522

– Investigations, multiple explosions strain Board's resources, staffing woes inhibit deployment, 300

CHILD CARE

– Breastfeeding

See BREASTFEEDING AT WORK

– Maine, SEIU bargaining authorization enacted, 642
– Nannies, Md. county to enact law requiring written contracts, 1040

CHILD LABOR

– Child Labor Safety Act

See LEGISLATION, FEDERAL, HR 6861

– Goods made by children, DOL sets guidelines for creating list, criteria reviewed, 55
– Wage and Hour Div. FY2007 enforcement statistics reviewed, Special Report, 26

CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)

– E-Verify (Basic Pilot/Employment Eligibility Verification Program)

See EMPLOYMENT ELIGIBILITY VERIFICATION

– Self-employment, denial of L-1A visa extension not abuse of discretion, managerial or executive capacity not shown (9th Cir.), 1007

CIVIL RIGHTS ACT OF 1866

– Retaliation, whether §1981 includes cause of action for third party race bias plaintiffs debated (U.S., oral arg), 238; claim viable, right to sue implied (aff), 713; text, 738

CIVIL RIGHTS ACT OF 1871

– Private entity not acting under color of law, §1983 claims rejected for Ford workers fired after undercover drug sting (W.D. Ky.), 846

CIVIL RIGHTS COMMISSION, U.S.

– Heritage Foundation fellow Gaziano named to serve, 221

CLAIM PRECLUSION

See RES JUDICATA

CLASS ACTION FAIRNESS ACT (CAFA)

– Workplace litigation report reflects minimal CAFA impact on pace and volume of 2007 filings, 131

CLASS ACTIONS

– ADA, medical inquiry, rule conditioning sick leave on submission of doctor's note to supervisor triggers preliminary injunction (S.D. Ohio), 963; 1221
– Age bias, discovery, 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
– Albertsons, failure to pay final wages by deadline, $15M settles state law claims (Cal. Sup. Ct.), 766
– Breaks, meal and rest

– – 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
– – Pyramid Breweries, owners of 3 brew pubs will pay $1.3M to settle class claims (Cal. Sup. Ct.), 561
– – Sutter Health, dialysis nurses file class action (Cal. Sup. Ct.), 242
– – White Cap Indus. drivers' Cal. class certified (Cal. Sup. Ct.), 78

– Clothes changing, Gold 'n Plump Poultry, $1.2M settles FLSA, Minn., Wis. wage claims, preliminarily approved (D. Minn.), 243
– DPPA, UNITE HERE unlawfully accessed motor vehicle records to obtain workers' home addresses for organizing drive (3d Cir.), 1223
– Earned wages, accrued leave, final payments withheld from fired workers, Cal. class claims certified (N.D. Cal.), 335
– ERISA

– – Bear Stearns, fiduciary breach, proposed class action alleges retirement losses in hundreds of millions (S.D.N.Y.), 407
– – FedEx Ground, misclassification, nineteen separate classes of current and former drivers in as many states certified (N.D. Ind.), 461
– – Summary judgment favoring plan sponsor improperly entered after court notified of class settlement (9th Cir.), 250

– FLSA

– – Collective actions, waiver of opt-in requirement valid, opt-out class arbitration may proceed (4th Cir.), 150; (U.S., rev den), 1347
– – On-call time, linemen required to be within 2-hour drive and reachable by phone or beeper not working, claims properly dismissed (7th Cir.), 493

– Litigation, employer's insurance can mean more money to settle lawsuits, Natl. Empl. Lawyers Ass'n (NELA) attorneys review tips, tactics, 981
– Mandatory arbitration, Cal. statutory right to sue for overtime unwaivable, class action ban unenforceable where significantly more effective in vindicating rights (U.S., rev den), 470
– Mexico will pay $14.5M to settle wage claims of braceros employed as guestworkers on U.S. farms, railroads during W.W. II (N.D. Cal.), 1379
– Minimum wage

– – FLSA, Brickman Group, fees charged to H-2B workers reduced wages below minimum (E.D. Pa.), 44
– – Recordkeeping violations, seasonal farmworkers denied certification for FLSA collective or MSPA class claims (W.D. Mich.), 8

– Minnesota FLSA

– – Caribou Coffee, nonmanagerial worker seeks class status in suit over forced tip pooling, sharing (Minn. Dist. Ct.), 1155
– – Starbucks, barista seeks class status in suits over forced tip pooling, sharing (D. Minn.), 1155
– – VCG Holding, forced tip pooling, other wage violations, night club workers seek class status (Minn. Dist. Ct.), 1155

– Monetary relief claims nonincidental, Wal-Mart workers' certification bid revived (9th Cir.), 600
– National origin, Food City, commonality at issue, Hispanic workers' bid for class certification on pay bias claims revived (9th Cir.), 1051
– Off-the-clock work

– – Brinker restaurant workers' class certification vacated where individual issues predominate (Cal. Ct. App.), 1047
– – Minn. claimants win $6.5M in compensatory damages against Wal-Mart (Minn. Dist. Ct.), 927

– Overtime

– – Bakery workers' N.Y. opt-out class action certified, citing immigrant's fear of FLSA opt-in (E.D.N.Y.), 370
– – Cal., hospital that failed to calculate shift differential ordered to pay restitution (Cal. Super. Ct.), 179
– – Class decertification bars arbitration of FLSA claims, ex-members must sue as individuals (D. Minn.), 45
– – Donning and doffing, LMRA bars Pa. claims, but FLSA claims not tied to pact may proceed (W.D. Pa.), 658
– – FedEx Freight East, FLSA collective action approved, but parallel Pa. class action would undermine intent, rejected (M.D. Pa.), 290
– – FLSA collective actions, waiver of opt-in requirement valid, opt-out class arbitration may proceed (4th Cir.), 150; (U.S., rev den), 1347
– – McLane, retail merchandising specialists not exempt outside salespeople, $156M settles DOL charges against wholesale grocery distributor, 208
– – Misclassification

– – – Commission-paid sales employees' jobs diverse, certification of FLSA collective action denied (N.D. Cal.), 334
– – – Notice of pharmaceutical sales representatives' FLSA collective action preliminarily approved (S.D. Ind.), 289

– – N.M. Minimum Wage Law amended to eliminate loophole, In Brief, 164
– – Oracle, FLSA, Cal. class suits settled for $1.2M, preliminarily approved (N.D. Cal.), 1428
– – Retaliation claim revived where former employer sued for fraud, breach of contract in response to FLSA suit (4th Cir.), 182
– – Seasonal dog race firms ineligible for amusement business exemption due to functional operation as single entity, intermingled funds (11th Cir.), 148
– – Sun Microsystems, SeeBeyond Tech., technical writer's class certified (Cal. Sup. Ct.), 685
– – Sutter Health, dialysis nurses file class action (Cal. Sup. Ct.), 242
– – Temporal proximity lacking for retaliation, FLSA opt-in plaintiff failed to link protected activity to termination seven months later (11th Cir.), 180
– – Texas One Petroleum, certification denied on lone claimant's FLSA collective action (S.D. Texas), 1085
– – Wal-Mart Stores, opt-in collective action, 2 of 573 pharmacists can sue over effects of salary fluctuations (10th Cir.), 1367

– Paycheck Fairness Act

See LEGISLATION, FEDERAL, HR 1338, S 766

– Race bias

– – Morgan Stanley, $14M settlement of financial advisors' class claims approved (N.D. Cal.), 1432
– – Pay bias class claims, standing, time bar affirmed (9th Cir.), 368
– – Standing to sue, pattern or practice claim must be brought as class action (11th Cir.), 211
– – Xerox assignment of sales territories and customer accounts, $12M settlement preliminarily approved (E.D.N.Y.), 529

– RICO

– – Class claims dismissed, no evidence that poultry producer's illegal hiring depressed wages (E.D. Tenn.), 253
– – Indian guestworkers sue shipyard alleging visa fraud, forced labor, human trafficking (E.D. La.), 410

– Rule 23(f), limitations, when certification denied, 10-day statutory window opens for filing appeal, motion for reconsideration does not toll (3d Cir.), 601
– Securities, SEA violations, Bear Stearns investor files class suit alleging firm issued false and misleading information on business, financial results (S.D.N.Y.), 407
– Sex bias

– – Pay and partnerships, Smith Barney, $33M settles female brokers' class action (N.D. Cal.), 496
– – Pay and promotions, arbitrator to decide threshhold procedural issues in pattern or practice suit (S.D.N.Y.), 1028

– USERRA, vacation and sick leave benefits unlawfully restricted for pilots on military leave, air carrier settles DOJ class suit (N.D. Texas), 560
– Workplace litigation report reflects minimal CAFA impact on pace and volume of 2007 filings, 131

CLOTHES CHANGING

– Absent custom, practice under pact, no FLSA duty to pay for time spent donning, doffing safety gear (U.S., rev den), 811
– Employee Changing Room Privacy Act (ECRPA)

See LEGISLATION, FEDERAL, HR 5228

– Gold 'n Plump Poultry, $1.2M settles FLSA, Minn., Wis. class claims, preliminarily approved (D. Minn.), 243
– Portal-to-Portal Act

– – Claimants not entitled to pay for time spent going through security or putting on gear (U.S., rev den), 811
– – Statutory changes, court rulings trigger DOL proposed rule to align FLSA regulations, overview, 1049; comment period extended, In Brief, 1196; unions say DOL should drop proposal, Special Report, 1408

– Sara Lee, additional pay properly denied where principal activity not established, good faith reliance on DOL opinions valid defense (10th Cir.), 1304
– Tyson Foods

– – FLSA, jury instructions improper, donning, doffing exertion not a requirement for “work,” new trial ordered (U.S., rev den), 811
– – Ind. pork plant workers seek back pay for post-shift line work, time spent donning, doffing, cleaning equipment (N.D. Ind.), 624
– – Intervention in FLSA suit denied where varied pay policies diminish likelihood of precedential effect (11th Cir.), 398

– U.S. Steel, donning and doffing, Pa. claims preempted, but FLSA claims not tied to pact may proceed (W.D. Pa.), 658

COLLATERAL ESTOPPEL

– Fraud and false inducement, state law claims may proceed to jury, administrative hearing on related wage claims no bar (Cal. Ct. App.), 189

COLLECTIVE BARGAINING

– Cal. “kin care” law mandating use of sick leave to care for others applies to “sickness absence” provision in CBA (Cal. Ct. App.), 716
– Decertification petition reinstated, MOU on distribution methods improperly ruled contract bar (NLRB), 1165
– Supreme Court labor docket, oral arguments heard in two cases, pending in four others as 2008-2009 term opens, 1329

COLOMBIA

– FTA, continuing violence against trade unionists reported, GOP lawmakers seek public hearing to air labor concerns, move forward, 256; Bush urges Congress to pass, wants discussions on pact, TAA, 414

COLORADO

– Hiring preferences based on race, sex, other criteria, certified ballot measure would ban, NAACP official criticizes, 549
– Immigration, lawmakers send governor bill promoting recruitment of seasonal agricultural workers under H-2A program, 676; enacted, 815
– Right-to-work, business initiative certified for ballot, In Brief, 643; union-backed measures approved by Title Board, 677
– Sexual orientation bias ban enacted, 814
– State actions summary, 29; 948; 1353
– Strike ban enacted for state employees, 419
– Whistleblowing, manager fired after challenging illegal sales practices wins $1.4M award, steel building firm, owner jointly and severally liable (Colo. Dist. Ct.), 967

COMMISSIONS

– Business expenses, N.Y. wage deduction limit applies to executives as well as nonmanagement workers (N.Y.), 796

COMMUNICATIONS WORKERS (CWA)

– SBC subsidiaries, “kin care” law mandating use of sick leave to care for others applies to “sickness absence” provision in CBA (Cal. Ct. App.), 716

COMPENSATORY TIME

– Family-Friendly Workplace Act

See LEGISLATION, FEDERAL, HR 6025

– FLSA

– – NYC juvenile workers' “gap time” under 40-hour threshold for overtime, comp time, pay schemes lawful (S.D.N.Y.), 660
– – Partial win goes to police officers denied time off so city could avoid paying replacements overtime, disruption, finances key factors (N.D. Ohio), 290

– Portal-to-Portal Act

– – Statutory changes, court rulings trigger DOL proposed rule to align FLSA regulations, overview, 1049; comment period extended, In Brief, 1196; unions say DOL should drop proposal, Special Report, 1408

COMPRESSED WORKWEEKS

– Utah, government workers shift to mandatory ten-hour, four-day workweek to save energy, 1041

COMPUTER FRAUD AND ABUSE ACT (CFAA)

– Alliance Intl., deletion of employer data prior to forming competing venture actionable (E.D.N.C.), 1092

COMPUTERS

– CFAA

See COMPUTER FRAUD AND ABUSE ACT (CFAA)

CONFERENCES AND MEETINGS

– ABA

– – Employment Rights and Responsibility Comm., midwinter meeting, 547; 547; 548; 548
– – Homeland Security Law Inst., 127
– – Occupational Safety and Health Law, 382
– – Section of Labor and Employment Law

– – – CLE conference, 1260
– – – FLSA, compensable work exemptions, 1262
– – – Immigration enforcement, 1258
– – – NLRA Development, 303; 304
– – – Top Ten Issues, 1263
– – – Workplace violence policies, litigation, 1290

– – Section of Taxation, 672
– – Technology in the Practice and Workplace Comm., midyear meeting, 638; 639; 639

– Distr. of Columbia Bar Ass'n, Labor and Empl. Section, 693
– EEOC, 413
– Ford & Harrison, 914
– Journal, 67; 105; 139; 325; 357; 389; 1384; 1450
– Mass. Bldg. Trades Council, 419
– Natl. Ass'n of Tax Reporting and Payroll Mgt. Conference, 1228
– Natl. Empl. Lawyers Ass'n (NELA), annual conference, 979; 980; 981
– Practicing Law Institute

– – ERISA webcast, 1035
– – Privacy and Security Law Inst., 1038; 1039

– Pregnancy Discrimination Act (PDA) symposium, 1447

CONFIDENTIALITY

– ADA, conditioning FMLA leave on involuntary disclosure of actual diagnosis constitutes “inquiry,” breach claim may proceed (M.D. Tenn.), 147
– Employer information, release to 3d party barred due to conflict between EEOC policy and its own FOIA rules (D.C. Cir.), 930
– Employment agreements, clause prohibiting disclosure of terms violated NLRA (NLRB), 965
– Title VII retaliation, claims adjuster's disclosure of private data to attorneys irrelevant to EPA discovery, firing lawful under 6-factor test (6th Cir.), 903

CONFLICT OF LAWS

– Arbitration, Cal. law provides labor commissioner with exclusive jurisdiction over agent/performer fees dispute, but FAA may preempt (U.S., oral arg), 93; signed accord controls, FAA supersedes Cal. law (rev), 259; text, 270

CONFLICTS OF INTEREST

– ERISA

– – Benefits offsets for Social Security awards reasonable, level of review for conflicts discussed but not reached (11th Cir.), 1252
– – Dual-role administrator making eligibility determinations and paying benefits, applicable level of judicial review at issue (U.S., rev grant), 135; (oral arg), 576; conflict is factor to be weighed in determining abuse of discretion (aff), 835; text, 878; conflict “tiebreaker” favors plaintiffs, attorney speakers predict potential impact, 1035

– 401(k) Fair Disclosure for Retirement Security Act

See LEGISLATION, FEDERAL, HR 3185

– Legal services, networks' bid to disqualify WGA's law firm from also representing reality show employees rejected, valid waivers signed (Cal. Ct. App.), 766

CONGRESS, U.S.

– Emergency Economic Stabilization Act

See LEGISLATION, FEDERAL, HR 3997, HR 1424

– House of Representatives, Office of the Sgt. at Arms, race bias claimant lawfully fired for perceived sexual harassment based on employer's reasonable belief (D.C. Cir.), 466

CONNECTICUT

– Choice of remedies, CBA provision requiring state employees to choose between grievance arbitration and administrative, judicial remedies no Title VII violation (2d Cir.), 957
– Disabilities, Fair Employment Practices Act requires reasonable accommodation, interactive process, driver's bias and retaliation claims revived (Conn.), 580
– Independent contractor misclassifications, new law establishes permanent commission to investigate, 921
– Minimum wage hike, legislature overrides governor's veto, 920
– Safety and health, general contractor had no duty to inspect all welds where inspection work subcontracted, $32.2M award to independent contractor's employee vacated (Conn.), 580
– State actions summary, 165; 582; 644; 1232; 1353
– Transfer denial violated CBA, despite restraining order, public policy against sexual harassment, violence (Conn.), 804

CONSTRUCTION INDUSTRY

– Am. Steel Erectors, nonunion firms' antitrust, LMRA challenge to IW job targeting fund revived (1st. Cir.), 1089
– Austin Maint. & Constr., mandatory arbitration, Open Door pact enforceable under Ga. law applies to bias, retaliation claims (11th Cir.), 1372
– Blue Ridge Erectors, fall protection, OSHRC willful violations ruling upheld (3d Cir.), 124
– Brazil Quality Stones, denial of L-1A visa extension to self-employed CEO not abuse of discretion, managerial or executive capacity not shown (9th Cir.), 1007
– Cobra Constr., constructive discharge claims rejected, threats and racial slurs at gunpoint ruled anger, not bias (3d Cir.), 530
– Concrete industry added to OSHA inspections, 299
– Confined spaces, power lines, cranes and derricks, OSHA standards, DOL semiannual regulatory agenda, 636
– Cranes and derricks, OSHA proposed rule pending, overview, 1283
– D.R. Horton, UBC, union contractor sue home builder, subcontractors for hiring, misclassifying undocumented workers to depress wages (N.J. Sup. Ct.), 442
– Gen. Trucking, Basic Constr., handbook's assertion of at-will employment no waiver of WARN Act rights, certified class action may proceed against 2 firms operating as single employer (W.D. Ark.), 404
– HOPE VI Improvement and Reauthorization Act

See LEGISLATION, FEDERAL, HR 3524

– Interwall Dev. Sys., overtime, Cal. sues drywall firm for $5M in back pay, benefits (Cal. Sup. Ct.), 77
– J. Maki Constr., UBC poem lampooning target of labor dispute not actionable defamation (Ill. Ct. App.), 181
– J. Siebold Constr., overtime, $1.2M, retaliation bar settles N.Y. charges, 1041
– JKH Contr., Vushaj Constr., prevailing wages, fraud, contractors plead guilty to underpayment on St. Louis sewer project (E.D. Mo.), 995
– John Carlo, imputed knowledge of OSH Act breach, OSHRC order upheld on excavation contractor's willful trenching standard violations (U.S., rev den), 265
– New Jersey

– – OSHA certification required under new law, 99
– – Prevailing wages, public utility projects, bill enacted, 99

– Ohio, prevailing wages, governor issues guidelines on covered jobs, builders, unions comment, 1323
– Parsons Global Servs., accountant kidnapped and tortured while working abroad does not have to arbitrate negligence claims, firm's motion for summary judgment was waiver (D.C. Cir.), 534
– Personal protective equipment (PPE), training, employers required to provide under OSHA proposed rule, 1168
– Picketing, Buffalo Trades Council abandons use of inflatable rat, seeks more cooperative image, 1273
– Sordoni/Skanska Constr., general contractor had no duty to inspect all welds where inspection work subcontracted, $32.2M award to independent contractor's employee vacated (Conn.), 580
– Spurlino Materials, anti-union animus, interim injunction to halt numerous ULPs upheld (7th Cir.), 1374
– Sun Constructors, arbitration pact signed by welder who could not read English valid absent fraud, contract law controls (3d Cir.), 1211
– Undocumented workers

– – Ariz. contractor group challenges state hiring sanctions bill, enforcement postponed pending ruling (D. Ariz.), 164; constitutional challenge rejected, law upheld (D. Ariz.), 219; coalition bid to halt implementation rejected (D. Ariz.), 351
– – Utah, employment verification mandate for public employers, contractors enacted, 420
– – Van Elk, workers may sue for failure to pay prevailing wages on Cal. public works jobs (U.S., rev den), 264

– United Rentals Highway Techs., Indiana Constructors, hot cargo provision, industry exception to NLRA ban saves LIUNA CBA (7th Cir.), 341

CONSTRUCTIVE DISCHARGE

– ADA, arthritic former cashier denied accommodation by employer may pursue claim (6th Cir.), 1243
– Aviation mechanic's overtime demands prompted 'quit or be fired' ultimatum, claim may proceed (W.D. Ky.), 624
– Disability bias, resume fraud does not limit punitive, tort damages for hostile environment (N.J.), 773
– Improper filing, male prison inmate known as frequent filer withdraws baseless intervention motion to avoid sanctions (W.D.N.C.), 1215
– Race, religious bias, restaurant owner's negative comments about headscarf on Muslim waitress direct evidence, Title VII, discharge claims advance (E.D. Wash.), 1162
– Racial harassment, claims rejected, threats and slurs at gunpoint ruled anger, not bias (3d Cir.), 530
– Reduced responsibilities at same pay justified departure, computer executive entitled to severance benefits (N.D. Cal.), 1059
– Severance action advances for employee who resigned “for good reason” after supervisor created adverse change in job (N.D. Cal.), 539

CONSULTANTS

– DeWolff, Boberg & Assocs., ERISA fiduciary breach, 401(k) participant may sue for losses to plan assets in individual account due to failure to follow investment directions (U.S., rev), 257; text, 266
– Enea Teksci, privacy, forensic search of company-owned laptop, personal e-mails prior to termination lawful despite employee's option to buy (S.D. Cal.), 438
– Hewitt Assocs., Enron settlement funds misallocated, DOL seeks civil contempt sanctions (S.D. Texas), 218

CONTINGENT WORKERS

– Day laborers

See DAY LABORERS

CORPORATIONS

– Failure to maintain separate identities, NLRB properly held owner personally liable for back pay in ULP ruling (8th Cir.), 802

CORRECTIONAL FACILITIES

– Bureau of Prisons, overtime, pre-shift waiting time, meetings de minimis burden, manuals not orders to perform, FEPA claims properly denied (Fed. Cir.), 623
– Connecticut

– – Freedom of association, corrections officers' motorcycle gang membership justified discipline (2d Cir.), 19
– – State Employees Ass'n, transfer denial violated CBA, despite restraining order, public policy against sexual harassment, violence (Conn.), 804

– FLSA law enforcement exemption, city jailers partially exempt from overtime, Wage and Hour Op. Letter, 1098; text, 1105
– Ill., Cook County Sheriff's DOC, ADA, rotation through posts essential job function, interactive process unnecessary when accommodation impossible (7th Cir.), 719
– Milwaukee Juvenile Detention Ctr., sex bias, BFOQ defense not proven, partial reversal secures verdict for claimants (7th Cir.), 1185
– N.J., same-sex harassment, zero tolerance policy requires firing of female officer who dropped towel in front of recruits in women's locker room (N.J. Sup. Ct. App. Div.), 598

CREDIT REPORTS

– FCRA

See FAIR CREDIT REPORTING ACT (FCRA)

CRIMINAL ACTIVITIES

– Crime Victims Employment Leave Act

See LEGISLATION, FEDERAL, HR 5845

– Drug activities hold no expectation of privacy, claims rejected for Ford workers fired after plant sting operation (W.D. Ky.), 846
– Extortion verdict unjustified, bogus threat to sue employer not a crime under state law (Md.), 767
– Felons not a protected class under Title VII, substitute teacher's challenge to school district's hiring bar rejected (5th Cir.), 659

CSB

See CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD (CSB)

CTW

See CHANGE TO WIN (CTW)

CUSTOMS SERVICE, U.S.

See now IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

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