Workplace Law Report Index-Summary

CAA

CALIFORNIA

– Arbitration, mandatory, unconscionability under state law is for court to decide, not arbitrator (9th Cir.), 1253
– Breaks, meal and rest, union lacks standing to sue under PAGA, unfair competition laws, rights not assignable (Cal.), 965
– Budget gap, state worker furloughs boosted from 2 days per month to three, 965; SEIU members weigh job actions as governor pushes for more payroll cuts, 1041
– Class arbitration waiver

– – Bar on seeking civil penalties on behalf of other employees unconscionable, unenforceable (Cal. Ct. App.), 391
– – Pizza delivery drivers not required to arbitrate class claims, pact, waiver unenforceable (Cal. Ct. App.), 427

– Developmental Servs., race bias, retaliation against peace officers, agency ordered to halt witness intimidation, interference with EEOC probe (E.D. Cal.), 910
– Disability bias, UPS, hearing-impaired driver applicants' class claims settled with new standard below DOT threshold (N.D. Cal.), 835
– Electronic monitoring, hidden camera in office was privacy intrusion, but employer had legitimate reasons, tort liability rejected (Cal.), 1096
– Environment, ports of Los Angeles, Long Beach clean-trucks program barring independent contractor drivers likely unconstitutional, preempted (9th Cir.), 433
– Grocery stores, Los Angeles ordinance requiring successor employers to retain workers for 90 days after purchase preempted by Cal. code, NLRA (Cal. Ct. App.), 1094
– Healthy San Francisco

– – Fair share ordinance not governed by or related to ERISA, no preemption, en banc review denied (9th Cir.), 355; bid for emergency stay to block pay-or-play law denied (U.S.), 481; large employer interest groups seek review of no-preemption decision (amicus curiae brief filed), 999; city urges denial of review (U.S., opp brief filed), 1197; solicitor general view (U.S., brief invited), 1363

– Immigration, E-Verify bill, veto, 1430
– Labor legislation, 2008, DOL reports, 236
– Labor-management relations, San Francisco experience touted as progressive blueprint for labor standards, city's reforms, advances discussed, 54
– Ontario, 4th Amend., covert video surveillance of police locker room, $2.75M settles class suit (C.D. Cal.), 1230
– Organizing, Senate clears bill modeled on EFCA creating card check procedures for farmworkers, 615; vetoed for third time, In Brief, 1241
– Pay equity bill, veto, 1430
– Privacy, reasonable expectation, auditing text messages on police sergeant's department-issued pager 4th Amend., Cal. violation, rehearing denied (9th Cir.), 152
– State actions summary, 25; 89; 163; 294; 367; 445; 529; 645; 716; 783; 851; 925; 1011; 1071; 1149; 1206; 1275; 1303; 1371; 1433
– 2009 legislative session, closing vetoes, 1430
– Unemployment insurance, UI benefits extended by 20 weeks, In Brief, 617
– Wage and hour

– – Indian national working for U.S. subsidiary of Indian firm not required to arbitrate Cal. pay claims in India, no valid accord (9th Cir.), 1088
– – Living wage, rule tying application of Los Angeles ordinance to minimum number of hours worked under city service contracts invalidated (Cal. Ct. App.), 145
– – LoJack, technician's time commuting in company car, preliminary activities not compensable, but postliminary activities claim viable (9th Cir.), 1187
– – Minimum wage, plaintiffs using pseudonym “4 Exotic Dancers” must reveal names to sue under FLSA, Cal. law (C.D. Cal.), 192
– – MSPA, dairy workers “seasonal” because business slows in summer months, FLSA, Cal. wage, breaks claims advance (E.D. Cal.), 345
– – Overtime

– – – Mortgage consultants' class certification overturned, predominance inquiry faulted (9th Cir.), 988
– – – Pharmaceutical salespersons exempt under FLSA, Cal., N.Y. laws (S.D.N.Y.), 109
– – – Private Attorneys General Act allows labor code claims to be brought as representative actions without meeting class action requirements (Cal.), 908
– – – Reducing hours, salaries of exempt staff no salary basis violation if temporary (DLSE Op. Letter), 1221
– – – “Selling,” “obtaining orders” not defined, question certified to high court whether pharmaceutical sales reps subject to outside sales or administrative exemption (9th Cir.), 627

– – Prevailing wages, landscaping firm qualifies as “employer,” fired workers seeking class status may sue under federal, state law (C.D. Cal.), 540
– – Starbucks, tip pooling, $105M award for baristas overturned on appeal, upheld (Cal.), 1253
– – Tip pooling among Starbucks baristas, shift supervisors, and “shift leads” lawful, $105M restitution order reversed, appeal planned (Cal. Ct. App.), 761
– – UPS, overtime, meal and rest breaks, recordkeeping, account managers seek $100M in Cal., FLSA class claims (S.D. Cal.), 1163

– Whistleblowing, federal preemption, FELA, RLA, FRSA (E.D. Cal.), 1453
– Workers' compensation, court withdraws ruling that state labor code guarantees additional benefits for overtime work performed in-state by nonresidents, seeks clarification from high court (9th Cir.), 252
– Wrongful discharge, misclassified sales director fired for complaints about short commissions was employee under Cal. law, jury awards $8.4M (Cal. Super. Ct.), 997

CALIFORNIA NURSES (CNA)

– Fremont-Rideout Health Group, withdrawal of recognition based on minority petition was ULP, ordered to recognize, bargain (NLRB), 1227

CARPENTERS (UBC)

– Chicago Reg. Council, arbitrator improperly awarded roofer damages for “most favored nations” clause violations occurring after pact expiration (N.D. Ill.), 670
– Detroit Fringe Benefit Funds, general contractor, subcontractor alter egos, intent to avoid joint liability single factor, not prerequisite (6th Cir.), 1294
– Fluor Daniel, back pay, damages for rejected salts calculable under Oil Capitol evidentiary standards, no extraordinary circumstances shown, bid for reconsideration rejected (NLRB), 259
– Local 289, LIUNA demands raised jurisdictional dispute over caisson work and arbitration not required under LIUNA pact (2d Cir.), 1258
– Local 2316, ULP, decertification petition tainted by unlawful employer assistance, order to recognize, bargain justified (NLRB), 197
– Pacific N.W. Reg'l Council, secondary boycott, contractor's, hotel's defamation claims proceed, but contract-based claims dismissed (W.D. Wash.), 1259
– Representation, 10 to 9 win for UBC valid, 22-minute delay in opening polls did not disenfranchise voter in Mexico (NLRB), 1257
– Southeastern Reg. Council, secondary boycott, subcontractor wins $1.7M verdict for union threats, coercion to prevent 3d parties from dealing with firm (N.D. Ga.), 258

CASH BALANCE PLANS

– ADEA, Ledbetter Act applied to revive accrual rates challenge (D. Colo.), 1219
– ERISA

– – Remedies, failure to use whipsaw calculation was statutory violation, but $46M remedy based on civil enforcement provision upheld (U.S., rev den), 79
– – Whipsaw calculation properly omitted, plan lawfully defines “normal retirement age” by years of vested service rather than specific age (7th Cir.), 972

CASINOS

See also generally GAMBLING AND GAMING
– TYAD d/b/a Playground Lounge & Casino, minimum wage, exotic dancers misclassified as independent contractors owed back pay, penalties, reimbursement of “stage fees” (Mont.), 735

CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC)

– H1N1 virus

– – N95 respirators, guidance, 1428
– – Preparation, response, flu season guidance issued by 4 federal agencies, 1179
– – Vaccinations, health care, EMS workers one of five key groups identified by CDC for first round, summary, 1101
– – Vaccine, health care workers, House hearing, 1335

CHAMBER OF COMMERCE, U.S.

– E-Verify, final DOL rule mandating use by federal contractors postponed in wake of Chamber lawsuit, 77; postponement extended until May 21, 156

CHEMICAL INDUSTRY

– Chevron Phillips Chem., ADA, chronic fatigue syndrome, EEOC pretext, accommodation claims revived (5th Cir.), 801
– DuPont, ERISA, beneficiary disputes, barring waiver under valid QDRO, “plan documents” rule governs outcome, benefits properly paid to ex-wife (U.S., aff), 158; text, 173
– DuPont, grievance arbitration required where unilateral changes made to collectively bargained USW benefits (2d Cir.), 637
– Hazard communication standard, OSHA proposes rule to align with U.N. globally harmonized labeling system (GHS), 1334
– Pharmaceuticals

See PHARMACEUTICAL INDUSTRY

– U.N. globally harmonized labeling system (GHS), chemical hazard communication

– – Material Safety Data Sheets (MSDS) studies analyze flaws, challenge OSHA proposal, 124
– – OSHA sends revisions, notice of proposed rulemaking to OMB for review, 775

– W. Va., industrial accident reporting rule adopted, In Brief, 823

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD (CSB)

– Combustible Dust Explosion and Fire Prevention Act

See LEGISLATION, FEDERAL, HR 849

– OSHA chemical process safety rule to be revised after Congressional request, accident report, 183:A–6 (9/24/09)

CHEMICALS INDUSTRY

– DuPont, ERISA, surviving spouse pension rights, prenuptial agreement, waiver (D.N.J.), 1396
– OSHA chemical process safety rule to be revised after Congressional request, T2 Laboratories accident report, 183:A–6 (9/24/09)

CHILD CARE

– Breastfeeding Promotion Act

See LEGISLATION, FEDERAL, HR 2819

– FLSA, in-service general training not employer-specific, voluntary after-hours program not compensable, Wage and Hour Op. Letter, 361; text, 372
– Md. home-based contractors pact, SEIU, governor signs, 1431

CHILD LABOR

– Cooperative agreement applications, ILA seeks comments on past solicitations for education projects, In Brief, 396
– State labor legislation, 2008, DOL reports, 236

CITATIONS

– Penalty

See PENALTIES

CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)

– Appointments and personnel changes, Senate confirms Mayorkas to head, In Brief, 1142
– E-Verify system

See EMPLOYMENT ELIGIBILITY VERIFICATION

– Forms, current I-9 form for new hires valid despite stated June 30 expiration date, USCIS announces, In Brief, 919
– Modernization, agency prepping for possible immigration overhaul, E-Verify mandate, Office of Public Engagement launched for outreach, 1302
– Visa programs, certification, enforcement

See VISAS

CIVIL RIGHTS ACT OF 1866

See CIVIL RIGHTS ACT OF 1870
– Ed. Note: This law was reenacted, with an additional enforcement provision, as the Civil Rights Act of 1870.

CIVIL RIGHTS ACT OF 1870

– Ed. Note: This law is a reenactment, with an additional enforcement provision, of the Civil Rights Act of 1866.
– Race and religious bias, retaliation, bank employee who signed four separate agreements must arbitrate state, federal firing claims (S.D.N.Y.), 223
– Race bias, §1981 does not grant implied right to sue public employer, §1983 of 1871 Act only recourse (3d Cir.), 193
– §1981 claim, res judicata, Title VII dismissal precludes (3d Cir.), 1388

CIVIL RIGHTS ACT OF 1871

– Age bias, ADEA exclusive remedy barring suit under §1983, but sovereign immunity bars ADEA suit, bid to amend complaint properly rejected (9th Cir.), 281
– Race bias, §1981 of 1866 Act does not grant implied right to sue public employer, suit under §1983 only recourse (3d Cir.), 193
– Witness intimidation, whistleblower fired for refusing to recant illegal hiring allegations, motion to compel upheld (U.S., rev grant), 161

CIVIL RIGHTS ACT OF 1991

– ADA, compensatory damages available despite no specific mention in 1991 Act (W.D. Tenn.), 993

CLAIM PRECLUSION

See RES JUDICATA

CLASS ACTIONS

– ADA, UPS

– – Hearing-impaired driver applicants' class claims settled with new standard below DOT threshold (N.D. Cal.), 835
– – Pattern or practice, class certification overturned, individual members not determined to be “qualified” (3d Cir.), 1049

– ADEA, KAPL waiver RFOA affirmative defense not excused, RIFd employees' $4M class award reinstated (N.D.N.Y.), 700
– Antitrust, wage suppression, certification denied (N.D. Ill.), 1350
– Breaks, off-the-clock work, Wal-Mart, $35M settles Wash. workers' claims, approved (Wash. Super. Ct.), 1053
– Class arbitration waiver, wage claims

– DPPA

– – “Tagging,” lack of notice bars punitive damages, but statutory liquidated damages upheld (E.D. Pa.), 1172
– – UNITE HERE unlawfully accessed motor vehicle records to obtain workers' home addresses for organizing drive (U.S., rev den), 431

– ERISA, fiduciary breach

– – Huntington Bancshares, retention of stock investment option during subprime crisis no breach (S.D. Ohio), 264
– – Tyco Intl., poor investment options, $70.5M settles stock-drop class action (D.N.H.), 1140

– ERISA, LMRA, retiree health care rights not vested, workers who were retirement-eligible when 1988 pact expired properly denied lifetime benefits (6th Cir.), 153
– FAA, arbitration of class claims allowable even where not expressly mentioned in contract (U.S., rev grant), 849
– FLSA

– – Hotel not required to pay recruitment, travel, visa expenses of temporary H-2B guest workers hired after Katrina (5th Cir.), 250
– – MSPA, dairy workers “seasonal” because business slows in summer months, FLSA, Cal. wage, breaks claims advance (E.D. Cal.), 345
– – Offer of judgment no bar to timely bid for certification of collective action relating back to filing date of initial complaint (5th Cir.), 40
– – T-Mobile, personal stake extinguished, workers who accepted offer of judgment on individual claims after certification denied in FLSA collective action lost standing to appeal that denial (9th Cir.), 833

– FLSA, TVPA, immigration status irrelevant to Indian guestworkers' right to sue shipyard alleging visa fraud, forced labor, human trafficking (E.D. La.), 549
– Fourth Amend., covert video surveillance of police locker room, city pays $2.75M to settle with officers (C.D. Cal.), 1230
– Hiring criteria, use of credit, criminal histories, EEOC suit (D. Md.), 1354
– Ill. wage and hour violations, settlement (N.D. Ill.), 1387
– Misclassification, failure to withhold taxes, professional wrestlers' claims of unjust enrichment rejected, no private right to enforce tax code (D. Conn.), 317
– Missed meals and breaks, off-the-clock work, split shifts, five subclasses of FedEx drivers certified for class actions but three stayed (N.D. Cal.), 597
– Negligence, breach of contract, stolen laptop contained personal data on 97,000 Starbucks employees, class action filed (W.D. Wash.), 284
– Off-the-clock work

– – Eleventh Amend. no bar to bus driver's FLSA collective action against Pa. transit agency (U.S., rev den), 779
– – Wal-Mart

– – – Minn. suit, 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

– Ore., RLA no bar to state wage law suit, revived, “ordinary,” “complete” preemption distinguished (9th Cir.), 143
– Overtime

– – Airport screeners, FLSA collective action preempted, TSA has complete discretion in setting pay levels (Fed. Cl.), 1287
– – Evanger's Dog and Cat Food, dual action, class certified under Ill. law, FLSA claims advance individually (N.D. Ill.), 1222
– – Family Dollar, FLSA, store managers not exempt executives, $35.6M judgment affirmed (11th Cir.), 8; (U.S., rev den), 1365
– – Misclassified IT workers, FLSA, certification (N.D. Cal.), 1446
– – New Day Fin., mortgage account executives not required to arbitrate FLSA collective action claims, mandatory clause, waiver unenforceable (E.D. Pa.), 1190
– – Off-the-clock work, FLSA, walking to and from work stations (N.D. Ind.), 1414
– – Retaliation, TRO barring NYCPD internal affairs department from investigation or discipline related to officers' FLSA suit at issue, remanded for explanation (2d Cir.), 192
– – Staples, misclassification, unanimous jury awards $2.48M to assistant store managers, FLSA class action (D.N.J.), 316
– – Tyson Foods, clothes changing, meal and rest breaks, no overlap, collective FLSA, Kansas claims advance (D. Kan.), 278
– – UPS, meal and rest breaks, recordkeeping, account managers seek $100M in Cal., FLSA class claims (S.D. Cal.), 1163
– – Wal-Mart, 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
– – Wells Fargo Home Mortgage, consultants' Cal. class certification overturned, predominance inquiry faulted (9th Cir.), 988

– Paycheck Fairness Act

See LEGISLATION, FEDERAL, HR 12, S 182

– Race bias, class action participation tolls statute on individual Title VII claims, UPS retiree's pay and promotions claims revived (5th Cir.), 72
– Religious bias, Celestica, Muslim workers' varied prayer beliefs, accommodation requests lack commonality, certification denied (D. Minn.), 836
– RICO

– – FLSA, prevailing wages, landscaping firm qualifies as “employer,” fired workers seeking class status may sue under federal, state law (C.D. Cal.), 540
– – Intentional hire of illegal workers to drive down wages of legal workers, class certified (E.D. Cal.), 749

– Settlement without notice to lawyer, putative class members invalid (Wash. Ct. App.), 1323
– Sex bias, Wal-Mart, en banc review ordered on certification of class potentially including over one million claimants (9th Cir.), 254; oral argument, attorneys clash over class certification, individual mini-trials (9th Cir., en banc), 428
– U.S. Supreme Court docket, 2009-2010 term, 1336
– WARN Act, “faltering business” defense rejected, firm liable to workers fired with 6 days notice and workers who lost jobs at other sites (U.S., rev den), 480

CLEAN AIR ACT (CAA)

– DOL ARB decisions, briefly, 556
– NYC Dept. of Educ., whistleblowing, demoted maintenance worker's OSHA filing untimely (DOL ARB), 1118

CLEAN WATER ACT (CWA)

– SDWA

See SAFE DRINKING WATER ACT (SDWA)

– Whistleblowing, county sewer inspectors fired after noncompliance complaints to supervisors not protected under CWA or 1st Amend. (11th Cir.), 745

CLOTHES CHANGING

– Del Monte Fresh Produce, compensation of minimum wage workers (Ore. Cir. Ct.), 1386
– Donning, doffing time not compensable under USW pact, but FLSA dispute over time spent walking to and from locker rooms goes to trial (W.D. Pa.), 965
– Tyson Foods, no overlap, meat workers' collective FLSA, Kansas claims advance (D. Kan.), 278

CNA

See CALIFORNIA NURSES (CNA)

COBRA

See CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)

COLLATERAL ESTOPPEL

– Independent contractor status, Pa. UI ruling precludes wage claims (E.D. Pa.), 1394

COLLECTIVE BARGAINING

– Bargaining, bias rights distinguished, arbitration ruling on CBA violation does not bar re-litigating issue in related ADA lawsuit (U.S., rev den), 293
– Employee Free Choice Act (EFCA)

See LEGISLATION, FEDERAL, HR 800, S 1041

– LMRA, ERISA, rehire promise “status benefit” (E.D. Mich.), 1427
– Mandatory arbitration, statutory bias, waivers, panelists discuss Pyett ruling and issues confronting negotiators, 1113
– Professor/arbitrator urges substantive, procedural fixes for “sick” NLRA, speakers debate need for reforms, Special Report, 846
– Rewarding Achievement and Incentivizing Successful Employees (RAISE) Act

See LEGISLATION, FEDERAL, HR 2732, S 1184

COLLECTIVE BARGAINING AGREEMENTS

– Reorganizations, primary allegiance of bench is to bankruptcy code, not NLRA, speaker examines records, priorities, effects on labor claims, 337
– U.S. Supreme Court docket, 2009-2010 term, 1336

COLOMBIA

– ATCA, TVPA, paramilitary ties, Colombian labor leaders' consolidated claims against Coca-Cola bottling plants dismissed (11th Cir.), 1125
– FTA, public comments sought on labor aspects to aid USTR review, 1066

COLORADO

– Designated beneficiary agreements, estate planning, administration law for unmarried persons summarized, 559
– Firefighters bargaining rights bill vetoed, 822
– Labor legislation, 2008, DOL reports, 236
– Minimum wage, negative inflation rate could cause 3-cent drop, Labor official explains, 1243
– State actions summary, 25; 163; 238; 367; 529; 645; 716; 783; 851; 925; 1071; 1206; 1303
– UI benefits for locked-out workers, bill heads to governor, 687

COMMERCE DEPARTMENT (DOC)

– Foreign direct investment in U.S., BEA to replace quarterly acquisitions survey, changes summarized, 1236
– H1N1 virus, preparation, response, flu season guidance issued by 4 federal agencies, 1179
– TGAAA implementation, final rule issued creating Community TAA program, revising TAA for Firms, 1178

COMMISSIONS

– FLSA

– – Insurance agents may be subject to outside sales or administrative exemptions, depending on duties, form of pay, Wage and Hour Op. Letter, 441; text, 451
– – Overtime, marketing executive paid commissions exempt outside salesperson under FLSA despite never closing a sale (11th Cir.), 191

– Mandatory arbitration enforceable where auto dealer pact easily readable by non-native English speakers who could speak, read, and write English (D. Md.), 1024
– Wrongful discharge, misclassified sales director fired for complaints about short commissions was employee under Cal. law, jury awards $8.4M (Cal. Super. Ct.), 997

COMMUNICATIONS WORKERS (CWA)

– Verizon, arbitrator's ruling reinstated, back pay retroactive to creation of new job title “drew its essence” from CWA pact (D.C. Cir.), 1028

COMMUTING

– Bicycle commuting reimbursement new fringe benefit under Bush bailout, 123
– LoJack technician's time in company car, preliminary activities not compensable, but postliminary activities claim viable (9th Cir.), 1187

COMPENSATORY TIME

– EEOC willfully violated FLSA by requiring employees to take compensatory time instead of overtime pay for excess hours worked (Arb., FMCS), 467
– Family-Friendly Workplace Act

See LEGISLATION, FEDERAL, HR 933

– FLSA dictates Chicago police officers must get leave within reasonable time unless operations unduly disrupted (7th Cir.), 507

COMPUTERS

– Agere Sys., ADA, RIFd supervisor lawfully awarded additional amount for taxes on lump-sum back pay, “make-whole” remedy upheld (3d Cir.), 222

CONFERENCES AND MEETINGS

– AFL-CIO Executive Council, winter meeting, 330
– AFL-CIO national convention, 1266
– AFSCME Nurses Congress, 640
– Am. Council on Intl. Personnel, 844
– American Bar Association (ABA)

– – Annual meeting, 1113; 1114; 1115; 1116
– – Center for Continuing Legal Education, teleconference, Gross, Ricci effects, 1038
– – Committee on Development of the Law under the NLRA, 336; 337
– – EEO law, national conference, 523; 526
– – Employment Rights and Responsibilities, midwinter meeting, 482; 483; 484
– – FMLA rules teleconference, 69
– – Section of Labor and Employment Law, teleconference, Gross, Ricci effects, 1038

– Calendar, 30; 180; 306; 498; 618; 754; 896; 1078; 1211; 1310; 1460
– Industry Liaison Group, 1107; 1108; 1109; 1111
– Labor and Employment Relations Ass'n, 54; 54; 75
– Soc. for Human Resources Mgt. (SHRM), 978

CONFIDENTIALITY

– Data security

See DATA SECURITY

– Identity theft

See IDENTITY THEFT

– Nurse's aide lawfully fired for providing unredacted patient records to EEOC as proof of race bias (U.S., rev den), 333
– Privacy

See PRIVACY

– Social networking, media policies

– – Monitoring of Facebook, MySpace sites, tips on avoiding SCA, Title VII, NLRA liability, 1002
– – Privacy violations, liability, ABA panel advises careful action on monitoring, urges guidance, 1115

– Temporary agency's discharge of worker for violating overly broad confidentiality provision unlawful, NLRB 2-member ruling upheld (1st Cir.), 383; review sought on 2-member panel's §3(b) authority to issue rulings (U.S., rev sought), 1193

CONFLICTS OF INTEREST

– ERISA

– – Benefits termination by dual role administrator, deferential review proper, conflict only one factor to be considered (4th Cir.), 18
– – Dual-role administrator, amendment capping mental disability benefits at 2 years not arbitrary or capricious, plan documents reasonably interpreted, conflict challenge rejected (7th Cir.), 1173
– – Evidence of plan bias admitted outside administrative record properly viewed in light most favorable to participant (9th Cir.), 117

– 401(k) Fair Disclosure and Pension Security Act

See LEGISLATION, FEDERAL, HR 2989

CONGRESS, U.S.

– House Education and Labor Committee, GOP members announced, 78; GOPs name new ranking members Price (R-Ga), Rodgers (R-Wash), 919
– Senate

– – Arlen Specter (Pa) switches from GOP to Democratic party, 610
– – Health, Education, Labor and Pensions (HELP) Committee, Harkin (D-Iowa) succeeds Kennedy (D-Mass) as chair, 1302

CONNECTICUT

– Equal protection, reverse race bias, disparate impact clash, New Haven firefighters' promotion test results twice scrapped because too few minorities passed (U.S., rev grant), 67; (oral arg), 565; discarding test results without strong basis in evidence that rejected minority candidates could prevail on disparate impact claim was reverse bias (U.S., rvs), 903; Ricci decision unlikely to change opinions on Sotomayor Supreme Court nomination, speakers comment, 920; text, 928
– Labor legislation, 2008, DOL reports, 236
– Same-sex marriage, state law developments, attorneys discuss benefits impact, tax status consequences, other pitfalls, 612
– State actions summary, 238; 529; 1371
– Title VII, choice of remedies grievance arbitration, administrative, or judicial (U.S., rev den), 1367

CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)

– American Recovery and Reinvestment Act (ARRA) subsidy

– – Appeals process for denials of premium subsidies, DOL seeks comments, 845
– – DOL issues guidelines for appealing denials of subsidies, 752
– – Expanded eligibility, DOL releases online FAQs, In Brief, 331
– – Model notices, FAQs on premium subsidy released by DOL, overview, 440; DOL seeks public comment, 1202

– 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

CONSPIRACY

– Coca-Cola, ATCA, TVPA, paramilitary ties, Colombian labor leaders' consolidated claims against bottling plants dismissed (11th Cir.), 1125
– EPA, DOJ fines total $8M for safety, CAA violations, blocking investigation, concealing accidents, pipe maker managers sentenced (D.N.J.), 606
– Peonage, visa fraud, document servitude, convictions, fines upheld for hotel owners who abused Filipino housekeepers (8th Cir.), 608

CONSTITUTIONAL RIGHTS

– Due process

See DUE PROCESS

– Equal protection

See EQUAL PROTECTION

– First Amendment

See FIRST AMENDMENT
– – Free speech

See FREEDOM OF SPEECH

– State constitutions

See specific states

CONSTRUCTION INDUSTRY

– Acetylene standard, OSHA final rule updates references, 1141
– A.H. Cornell & Son, retaliation, ERISA §510 pertains to formal “inquiry or hearing,” does not protect informal complaint, firing lawful (E.D. Pa.), 1099
– American Recovery and Reinvestment Act (ARRA)

See LEGISLATION, FEDERAL, HR 1

– C&C Roofing Supply, ULPs, firm must pay damages under NLRB settlement order but reinstatement not required with proper proof of unauthorized status (9th Cir.), 912
– Colgate Scaffolding and Equip., representation, 10 to 9 win for UBC valid, delay in opening polls did not disenfranchise voter in Mexico (NLRB), 1257
– Constr. & Design, visa denial upheld where no showing small firm could pay Ukrainian carpenter promised compensation (7th Cir.), 607
– Constr. Indus. Employers Ass'n, LIUNA demands raised jurisdictional dispute over caisson work and arbitration not required under LIUNA pact (2d Cir.), 1258
– Davis-Bacon payroll reports, privacy, DOL final rule reduces personal data, requires partial identifier, 22
– Federal construction, PLAs

– – Government Neutrality in Contracting Act

See LEGISLATION, FEDERAL, HR 983, S 90

– – Obama executive order revokes prior policy, summarized, unions, contractors comment, 224; text, 240

– Fidelity Interior Constr., secondary boycott, UBC slammed with $1.7M verdict for threats, coercion to prevent 3d parties from dealing with subcontractor (N.D. Ga.), 258
– Granite Rock, IBT International not party to pact, interference charge rejected, but dispute with local must be arbitrated (U.S., rev grant), 921
– Halpin Mechanical & Electrical, contributions owed to multiemployer plans not “assets” triggering ERISA fiduciary status, but debts dischargeable in bankruptcy (2d Cir.), 672
– Hoffman Elec., ADEA, eighty-year-old told she was “too old and crippled to work” raised jury issue, claim advances (S.D. Ga.), 430
– Industrial Contracting, La Salle overlapping alter egos, intent to avoid joint liability single factor, not prerequisite (6th Cir.), 1294
– Jay Dee Contractors, FMLA eligibility, leave mistakenly granted, estoppel no bar to assertion of threshold defense where no reliance shown (6th Cir.), 987
– Jerry Ryce Masonry, independent contractor misclassifications, first penalties imposed under Ill. law, 1242
– Md. penalizes contractors for independent contractor misclassifications under newly enacted law, 686
– Midwest Pipe Insulation, MD Mech., PPF threat to rescind market recovery grant involves ULP, NLRB has exclusive jurisdiction over dispute (Minn.), 1170
– Oil Capitol Sheet Metal, ULPs, back pay, union challenge to NLRB ruling assigning burden of proof to rejected union salt dismissed, unripe (D.C. Cir.), 512
– Overtime, “job” rates, flat sum based on labor bid, not hours worked, violates FLSA, Wage and Hour Op. Letter, 443; text, 456
– Parksite Group, NLRA Section 10(j), successor employer ordered to recognize IBT, hire predecessor's employees, rescind unilateral changes (D. Conn.), 150
– Paschall Elec., secondary boycotts, nonunion contractor's Ill. antitrust claims completely preempted by NLRA, federal cause of action substituted, dismissal reversed (7th Cir.), 544
– Point Ruston, UBC secondary boycott, defamation claims proceed, but contract-based claims dismissed (W.D. Wash.), 1259
– Prate Installations, arbitrator improperly awarded damages for UBC's “most favored nations” clause violations occurring after pact expiration (N.D. Ill.), 670
– Prevailing wages, N.J. law requires on qualified energy projects, 1042
– Pulte Homes, Norris-La Guardia Act bars injunction to halt LIUNA e-mail, voicemail campaign related to labor dispute (E.D. Mich.), 1328
– Rapetti Rigging, manslaughter, criminally negligent homicide, owner, firm indicted for 7 fatalities in 2008 crane collapse (N.Y. Sup. Ct.), 50
– Rodin, reverse alter ego rejected, nonunion contractor not bound by pact with union contractor he helped, not shown to run dual shop (9th Cir.), 351
– Signals Power & Grounding Specialists, faithless servant doctrine, denial of compensation (Ohio Ct. App.), 1352
– Spurlino Materials, staffing, assignments, seniority, retaliation against pro-union workers, unilateral changes, failure to bargain in good faith for first contract ruled ULPs (NLRB), 545
– Steel erection standard, compliance directive on fall protection, OSHA to rescind, 1179
– Summit Contractors, multiemployer worksite, OSHA may cite general contractors for hazardous conditions faced by subcontractors' employees, no conflict with “controlling employer” policy (8th Cir.), 328
– Underground Utils., prevailing wages, overtime, deposition queries about claimants' immigration, residency, citizenship status unlawful (N.J. Super. Ct.), 750
– U.S. Rebar, N.Y. crime victim restitution not merited where union local, benefit funds not “directly harmed” by construction official's criminal conspiracy (2d Cir.), 841
– Washington

– – Documents law requires plumbers, electricians, elevator workers to carry licenses and photo ID, 557
– – Prevailing wage laws enacted defining “independent contractor,” ensuring payment on public works contracts, 557

– Wyoming Associated Bldrs., ERISA, retroactive reinstatement of health care coverage after snowstorm delayed payment is allowable equitable remedy, applicable to all (10th Cir.), 1098

CONSTRUCTIVE DISCHARGE

– ADA, arbitration clause no waiver of fired police officer's right to sue, but elements not satisfied (D. Md.), 1026
– ADA, driving not major life activity, county nurse who resigned due to anxiety after car accident lacks disability, bias claims (7th Cir.), 598
– Immigration, liquor control violations, Jordanian banquet captain's complaint about Hispanic co-workers not job or public duty, demotion no public policy violation, verdict overturned (Ore. Ct. App.), 228
– Race bias, promotions, failure to post vacancy (S.D. Ill.), 1417
– Sex bias, stereotyping, male county employee forced to resign over unconfirmed sexual harassment complaint has triable claim for constructive discharge (2d Cir.), 738
– Sexual harassment

– – Fla. deputy sheriff who declined post failed to show promotions bias, constructive discharge (U.S., rev den), 81
– – Persistent verbal abuse, Title VII claim proceeds, but not retaliation or tort claims (M.D. Ala.), 44

– Wash., ouster demand not protected concerted activity for “mutual aid or protection,” claims rejected (Wash., en banc), 1228

CONSULTANTS

– Pegasus Consulting Grp., failure to pay H-1B salary during idle period triggers back pay, civil money penalty for “knowing” violation (DOL ARB), 684
– Proudfoot Consulting, working for competitor breached noncompete pact, but $1.7M in “make-whole” damages unsupported by proof of actual losses, reversed (11th Cir.), 1136

CONTRACTS

– Supply contracts, unjust enrichment, third party beneficiary status rejected for foreign workers alleging Wal-Mart failed to monitor labor law violations (9th Cir.), 985

CORRECTIONAL FACILITIES

– Ill., Cook County Sheriff's Dept., failure to investigate national origin harassment, officer has triable claims (N.D. Ill.), 665
– Mass. DOC, state prison guard fired for close relationship with former inmate has no claim, specific approval requirement safeguards DOC security interest (1st Cir.), 354
– Minn., sex bias, retaliation complaint no shield against officer's discipline for prior insubordination, claim rejected (U.S., rev den), 131

COURIERS

See DELIVERY SERVICES

CRIMINAL ACTIVITIES

See also VIOLENCE
– Assault of motorist, public policy bars arbitrator's reinstatement of “out-of-line” police officer (Mass. App. Ct.), 801
– Fraud

See FRAUD

– Identity theft

See IDENTITY THEFT

– New York

– – Arrest not proof of wrongdoing meriting discharge, NYC sanitation worker improperly fired while in police custody, reinstatement ordered upon dismissal of charges (N.Y. Sup. Ct.), 251
– – Manslaughter, criminally negligent homicide, construction firm, owner indicted for 2008 crane collapse that killed seven (N.Y. Sup. Ct.), 50
– – Money laundering, crime victim restitution not merited where union local, benefit funds not “directly harmed” by construction official's criminal conspiracy (2d Cir.), 841

– Privacy Act, PBGC-17, new system proposed to protect records for law enforcement, 518
– RICO

See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– ULPs

See UNFAIR LABOR PRACTICES (ULPs)

– Undocumented workers

See UNDOCUMENTED WORKERS

CSB

See CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD (CSB)

CWA

See CLEAN WATER ACT (CWA)