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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
FAA (FEDERAL ARBITRATION ACT)
USIS Commercial Servs., employment histories not consumer reports under FCRA, truckers have no claim over non-consensual use, sale of data (10th Cir.), 1179
Breaks, meal and rest, missed time treated as hours worked, pay rules explained, Wage and Hour Op. Letter, 1096; text, 1101
Child labor
See CHILD LABOR
Compensable work exemptions, new presidential administration expected to more vigorously enforce law, attorney tells ABA attendees, 1262 Compliance, Wage and Hour Div. enforcement needs improvement, GAO reports, agency official defends record, House hearing, 1037 Donning and doffing
See CLOTHES CHANGING
Hours worked, temporary agency not required to pay earned wages immediately upon completion of every assignment (C.D. Cal.), 1154 Internal affairs doctrine, ministers, clerics not covered, presumption rebuttable (7th Cir.), 331 Joint employment, police officers working off-duty hours for separate government entity may not combine hours in regular pay calculations, Wage and Hour Op. Letter, 353; text, 355 Minimal burden, city fire inspectors not entitled to extra pay for carrying files while commuting (2d Cir.), 599 Minimum wage
See MINIMUM WAGE
See OVERTIME
Retaliation
Documentation required, informal complaints covered by FLSA only if written and filed with employer (W.D. Wis.), 901
Informal, internal complaints about violations protected, but not remarks made in management role (5th Cir.), 769 Statutory changes, court rulings trigger proposed rule from DOL to align regulations, overview, 1049; comment period extended, In Brief, 1196; unions say DOL should drop proposal, Special Report, 1408 Tip credit
See TIPS
Whistleblowers, DOL ARB decisions, briefly, 781; 1382 Willful violation as defined in FLSA applied to FMLA claim to determine statute of limitations (10th Cir.), 559
Schreiber Foods, IBT outside organizing costs not shown to be chargeable to nonmembers under Beck, breach (D.C. Cir.), 565
American Red Cross, whistleblower could not have reasonably believed noncompliance with consent decree was actual fraud, retaliation claim rejected (D.C. Cir.), 343
Centinela Hosp. Med. Ctr., claim revived for nurse fired after protesting possible Medicare fraud, vague retaliation complaint improperly dismissed (9th Cir.), 472 Kellogg Brown & Root (KBR), employment pact makes arbitration mandatory for drivers fired after complaining about security, maintenance of Iraq supply trucks (4th Cir.), 721 Retaliation claim revived for nurse fired after warning federal contractor about underreported health records, but not qui tam (6th Cir.), 667
California
Depression, hospital technician working less stressful part-time job not conclusive proof of ability to work full-time job, firing claim revived (Cal.), 491
Kin care law mandating use of sick leave to care for others applies to sickness absence provision in CBA (Cal. Ct. App.), 716
Airline Flight Crew Technical Corrections Act
Associational bias, support for wife's claim against same employer not protected, retaliation claim properly dismissed (5th Cir.), 795 Confidentiality, conditioning leave on involuntary disclosure of actual diagnosis constitutes inquiry under ADA, claim may proceed (M.D. Tenn.), 147 Crime Victims Employment Leave Act
Comments on DOL revisions reflect mixed reviews from business, advocacy groups, overview, Special Report, 613
Democratic senators criticize proposed DOL rules updates, recertification called burdensome, overview, 255 DOL submits proposed updates for White House review prior to release, overview, 111 ESA 2008 agenda, FMLA tops, then child labor rules, Wage and Hour enforcement, OLMS struggles, Lipnic discusses, Special Report, 162 House hearing, witnesses say DOL should scrap new rules making it harder to utilize leave, urge Congress to expand leave benefits, 543 Wide range of definitions, requirements altered under new rules, Lipnic discusses, BNA Interview, 177 Eligibility
Employee threshold not met, absentee 911 dispatcher failed to show joint employer status with city, county (7th Cir.), 1083
Intermittent leave approval based on hours worked did not carry over into next 12 months, re-evaluation required (6th Cir.), 1364 Family and Medical Leave Enhancement Act In loco parentis, interference, retaliation claims revived for employee who failed to complete PIP during leave to care for granddaughter (11th Cir.), 1332 Individual liability, county auditor may be personally liable for firing subordinate if acting as supervisor or on behalf of employer (N.D. Ind.), 113 Intended purpose
Auto worker's firing claim survives video of him building porch while on approved leave (S.D. Ohio), 837
Outside employment, exotic dancing for pay during leave violated pact, firing lawful (S.D. Ohio), 903
Computation af abensteeism rate must include FMLA leave, nurse's claim advances, but retaliation rejected (D. Minn.), 1427
Financial controller fired during maternity leave has viable claim, but not FMLA retaliation or sex bias (E.D. Mich.), 286 Leave may have been negative factor in termination decision, nurse fired for prior errors upon return may sue (D. Haw.), 366 Part-time worker who took time off for pregnancy ineligible, DOL rule invalid as to scope (3d Cir.), 1181 Second job violated PACE pact, performance during leave violated intended use, firing upheld based on employer's honest belief (7th Cir.), 1023 Timely medical note wins liability verdict for engineer, but inability to return to work, failure to mitigate nixes damages, fees (7th Cir.), 1271 Union pact not clear waiver, trucker terminated as voluntary quit may sue (N.D. Ohio), 929
Absences to care for ill mother protected leave, demoted bookkeeper's retaliation claim partially revived (7th Cir.), 621
DOL official urges employers to grant judiciously, pay and benefits effects, theoretical cases, treatments discussed, 547 Liability based in contract, promissory estoppel claim revived for claimant who relied on handbook promise, letters, but was deemed ineligible under 50/75 rule (7th Cir.), 991 Medical certification forms improperly substituted, late-filed, spouses fired for absenteeism fail to show interference (7th Cir.), 657 Medical inquiry, rule conditioning sick leave on submission of doctor's note to immediate supervisor triggers preliminary injunction (S.D. Ohio), 963; 1221 Military families Notice, failure to inform employer of need for extended maternity leave voids firing claim (N.D. Ohio), 597 Past violations, bar on private settlement, waiver of claims applies both retroactively and prospectively, brief invited on DOL rule (U.S., brief sought), 92; review discouraged where DOL rule amendments will resolve (U.S., brief filed), 734; (U.S., rev den), 856 Reinstatement, tuition reimbursement denied after leave, retaliation claims revived for electronics workers (7th Cir.), 113 Retaliation verdict favoring employee fired 4 days after taking protected leave consistent with Act, upheld (6th Cir.), 1149 Retrospective claim waived by severance-related release, Act prohibits prospective waiver of rights (N.D. Ill.), 1152 RLA interface, FMLA clause allowing substitution of paid leave does not override pre-existing pacts requiring bargaining over leave policy changes (U.S., rev den), 97 Spoliation of evidence, bank that eliminated manager's job during leave sanctioned for deleting e-mail sought in discovery (N.D. Ga.), 397 Transfer and discharge not linked to apartment manager's maternity leave (3d Cir.), 7 USPS, certification submitted past employer deadline, failure to show FLSA-defined willful violation triggered 2-year filing window, claim time-barred (10th Cir.), 559 Wage and Hour Div. FY2007 enforcement statistics reviewed, Special Report, 26
Representation elections, Cal. secret-ballot election bill vetoed, 1321
Excel Energy, OSHA proposes $1M in fines for violations leading to fatal tunnel fire, 444
Imperial Sugar, refinery explosion, OSHA proposes $8.8M in fines, 1062 OSHA civil penalties, criminal fines too weak to deter violations, progress at standstill, Senate HELP panel advised, 612
Cal. Talent Agencies Act provides commissioner with exclusive jurisdiction over fees dispute, but FAA may preempt (U.S., oral arg), 93; signed accord controls, FAA supersedes Cal. law (rev), 259; text, 270
Judicial review, specified grounds for vacating or modifying ruling are exclusive, may not be expanded by agreement of parties (U.S., vac and rem), 448
ADEA, continuing violation inapt, untimely administrative claims sink disparate-treatment challenge to FAA salary bands, lump-sum payment (D.D.C.), 801
Rehabilitation Act, sleeping major life activity, claim revived for employee with PTSD dropped as special agent candidate (D.C. Cir.), 961
EEO-1 revised race and ethnic categories, OFCCP updates guidance on use in AAPs, 1257
Good-Faith Initiative for Veterans Employment (G-FIVE), will recognize contractors for hiring, promoting veterans, 1062 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
BWXT Y-12, FCA retaliation claim revived for nurse fired after warning employer about underreported health records (6th Cir.), 667
E-Verify program, Bush executive order requires use, 808; FAR Council proposes rule to require contractor compliance, 852 EEO-1 revised race and ethnic categories, OFCCP updates guidance on use in AAPs, 1257 Good-Faith Initiative for Veterans Employment (G-FIVE), OFCCP will recognize contractors for hiring, promoting veterans, 1062 ITT Fed. Servs. Intl., paranoid computer specialist fired after complaints of sex and national origin bias failed to show pretext, retaliation (D. Md.), 1153 Mail Contractors of Am. (MCA), no ULP in bulk mail contractor's unilateral shift of transportation relay point following impasse, during strike (D.C. Cir.), 188 MVM, CBA violations, preemption, conversion of common law breach of contract claim to LMRA §301 claim does not affect timeliness, local statute governs (D.C. Cir.), 469 Security clearance policies, Bush issues Executive Order 13467, 973 Vangent, EEOC call center gets one-year extension through sole-source contract, 255
Compensation, FY2009, House appropriations panel approves 3.9 percent pay raise, 943
EEOC complaints, proposed changes to case handling rules approved for review by other agencies, 780 Federal Employees Paid Parental Leave Act OSHA targeted inspection program focuses on agencies reporting numerous lost-time injuries in FY2006, 91 Rehabilitation Act, Foreign Service applicant showed withdrawal of eligibility was based on record of impairment substantially limiting major life activity, claim revived (D.D.C.), 1026 Security clearance policies, Bush issues Executive Order 13467, 973 Shift substitutions by public employees excepted from FLSA liability unless additional hours drive hourly rate below minimum wage, Wage and Hour Op. Letter, 509; text, 518 Telework Improvements Act
Appeals, DOL issues final rules, 1407
Bureau of Prisons, overtime, pre-shift waiting time, meetings de minimis burden, manuals not orders to perform, FEPA claims properly denied (Fed. Cir.), 623
Asbestos liability, procedural nature of Ohio law requiring more threshold evidence than FELA saves it from preemption (U.S., brief sought), 854
Burlington N. Santa Fe R.R., FELA, company retaliated against mechanic who reported work-related injury, verdict affirmed (10th Cir.), 1033
Caseload swells as disaster-related rules, laws swamp agency, 382
Rule 8(a), short and plain statement, dismissal with prejudice of overly long complaint was abuse of discretion, race bias claims revived (9th Cir.), 998
Rule 9(b), FCA violation claim must be stated with particularity, but not FCA retaliation claim, vague complaint improperly dismissed, revived (9th Cir.), 472 Rule 23(b)(2), Cal. wage and hour violations, bid for class certification revived where claims for monetary relief nonincidental (9th Cir.), 600 Rule 23(f), limitations, when class certification denied, 10-day statutory window opens for filing appeal, motion for reconsideration does not toll (3d Cir.), 601 Rule 54(b), certification of final judgment on fewer than all claims not sought, procedural errors barred appeal of summary judgment favoring city (U.S., rev den), 604 Rules 401 and 403, ADEA, admissibility of me too testimony from other employees depends on fact-intensive, context-specific inquiry (U.S., vac and rem), 281; text, 306
ERISA
Arbitrary standard of review proper where claims administration delegated to nonfiduciary, right to deferential review forfeited (U.S., rev den), 945
Bear Stearns, proposed class action alleges retirement losses in hundreds of millions (S.D.N.Y.), 407 Blue Cross and Blue Shield of Minn., overtime, business decision not linked to 401(k) plan, no fiduciary breach (D. Minn.), 938 Company stock
Stock drop 401(k) suits target financial industry in throes of subprime mortgage meltdown, 1284
Value inflated by backdating stock options, breach claim revived for former employees seeking benefits, not damages (11th Cir.), 1092 Delphi retirement plans, settlement wins final approval, could hit $331M (E.D. Mich.), 86 Equitable tolling, unreinstated strikers allegedly misled into resigning to collect 401(k) benefits may sue for reinstatement, back pay (N.D.N.Y.), 696 Estimating pension benefits a ministerial, not fiduciary, task, inaccurate statements no breach (1st Cir.), 570 GM, partial disclosure of SEC data misled ESOP participants, $37.5M, monitoring settles breach claims (E.D. Mich.), 123 Imprudence
Oneida, corporate mismanagement, workers alleging pre-bankruptcy breaches led to ESOP termination may sue (N.D.N.Y.), 670
Owens Corning 401(k) plan, post-bankruptcy breach claims alleging imprudent investment in company stock timely filed (N.D. Ohio), 474 Misstatements about pension calculations not breach where officials not acting in fiduciary capacity (4th Cir.), 87; (U.S., rev den), 855 Public Serv. Elec. & Gas (PSE&G), misclassification to avoid paying benefits, independent contractors' breach claim time-barred (3d Cir.), 504 Recordkeeping violations
Classification of workers as FLSA-exempt was business decision, not breach (E.D. Mich.), 1166
Crediting of hours important to benefits calculations, breach claim linked to FLSA overtime claim proceeds (D. Ariz.), 1378 RLA requires arbitration of airline workers' claims where plan at issue maintained pursuant to CBA (8th Cir.), 298 Section 502(a)(2), individual 401(k) plan participants have standing to sue trustee over lack of notice on fraudulent investments, claims revived despite chance of individual relief (6th Cir.), 158 Standing, former employees who have recieved full distribution under terminated plan may sue as plan participants to recover losses (9th Cir.), 1277 Summary judgment favoring plan sponsor improperly entered after court notified of class settlement (9th Cir.), 250 Terminated or abandoned IAPs, distributions to missing non-spouse beneficiaries, class exemption amendment, final EBSA rules, 1380
Self-incrimination, notice sufficient, discipline lawful for VA pharmacist who had Garrity immunity yet remained silent during investigation (U.S., rev den), 545
Aurora Loan Servs., mandatory arbitration clause in small print on back of job application form unconscionable, wrongful firing suit may proceed (Cal. Ct. App.), 121
Bank of America, subsidiary's mandatory arbitration accord applies to claims against hiring bank where execution contemporaneous, same subject matter, and employment contract referenced (Nev.), 724 Bear Stearns, Wachovia, Lehman Bros., UBS, AIG, ERISA, stock drop 401(k) suits target industry in throes of subprime mortgage meltdown, 1284 Cardinal Bankshares, stock fraud, whistleblowing CFO's SOX claim properly dismissed, no SOX-related violations shown (4th Cir.), 1081 Emergency Economic Stabilization Act Norddeutsche Landesbank Girozentrale (Nord/LB), executive properly won sex bias, retaliation verdict, but excessive punitive award reduced under NYC law (S.D.N.Y.), 210 Nova Info. Sys. Div. of U.S. Bancorp, SOX whistleblower complaint dismissed, but ADA, state law retaliation claims may proceed (E.D. Tenn.), 541 PLANCO Fin. Servs., independent contractor misclassifications, improper tax deductions, IRS regulations preempt Pa. law claims (3d Cir.), 1243 SunTrust Bank
Manager's job eliminated during FMLA leave, employer sanctioned for deleting e-mail sought in discovery (N.D. Ga.), 397
Severance benefits unlawfully conditioned on waiver of FLSA claims, TRO issued to bar (N.D. Ga.), 669 SOX, control, agency not shown, financing of privately-owned firm by publicly-traded bank does not engender SOX protection (DOL ARB), 674 UMB Bank, ERISA fiduciary breach, individual 401(k) participants have standing to sue trustee over lack of notice on fraudulent investments, claims revived despite chance of individual relief (6th Cir.), 158 U.S. Bancorp, overtime, commission-paid sales employees' jobs diverse, certification of FLSA collective action denied (N.D. Cal.), 334
Fla. Senate approves bill that would prohibit employers from barring guns in workers' vehicles, 549
Ga. governor signs measure allowing workers to keep guns in cars, 701 Stumptown Muzzleloading Supplies, elderly blind man's interaction with customers does not show ability to work, workers' comp termination properly denied (Ohio), 1395 Workplace violence policies, gun laws, litigation, liability discussed at ABA forum, 1290
Chicago, mandatory retirement distinct from discharge, due process claims based on CBA's just cause provision rejected (U.S., rev den), 58
Euclid, Ohio, state workers can sue for bias without first exhausting administrative remedies under civil service law, chief's claim properly revived (Ohio), 1005 FLSA
Minimal burden, NYC fire inspectors not entitled to extra pay for carrying files while commuting (2d Cir.), 599
Portal-to-Portal Act, statutory changes, court rulings trigger DOL proposed rule to align regulations, overview, 1049; comment period extended, In Brief, 1196; unions say DOL should drop proposal, Special Report, 1408 Kootenai County Fire & Rescue, malice in whistleblower's reference to coworkers as Muffy and Buffy in secret time log is jury issue, retaliation claim revived (Idaho), 1429 Mo. minimum wage, local governments exempt from 2006 hike (Mo. Cir. Ct.), 79 Seattle, injured trainee may sue city for damages in addition to workers' compensation under state law (Wash.), 53 Volunteers, EMS personnel, job protection legislation urged before House panel, 222
Agency fees, 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
Free exercise, Jewish police officer has right to wear beard, but not yarmulke (D. Nev.), 1160 Freedom of association, corrections officers' motorcycle gang membership justified discipline (2d Cir.), 19 National origin bias, harassment, personal liability claim proceeds against NYPD counter-terrorism adviser who sent anti-Muslim e-mails (S.D.N.Y.), 208 Picketing, NLRA bars interference with non-employee union members' rally on casino-owned sidewalk, lawsuit notwithstanding (U.S., rev den), 415 School district ban on faculty participation in student-initiated prayer valid, coach's association claim rejected (3d Cir.), 606 Supreme Court labor docket, 2008-2009 term opens, 1329
Finality, FRCP Rule 54(b) certification not sought, procedural errors barred appeal of summary judgment favoring city of Miami Beach (U.S., rev den), 604
Firearms, Senate approves bill that would prohibit employers from barring guns in workers' vehicles, 549 Minimum Wage Act, requirement of 15-days advance notice prior to lawsuit valid, prior ruling void (S.D. Fla.), 76 Pregnancy bias
Broward County bans, In Brief, 302
Fla. Civil Rights Act, retaliation claim based on invalid bias claim viable where reasonable belief activity protected (Fla. Ct. App.), 1274 Statutory sex bias ban does not cover, fired dietitian has no claim (M.D. Fla.), 905 State actions summary, 165; 229; 451; 514; 948; 1011; 1200; 1232; 1414 Transgender bias, Broward County bans, In Brief, 302 Whistleblowers
ERISA preempts retaliatory firing claim by union fund official who reported embezzlement, but not claim of union interference (Fla. Dist. Ct. App.), 607
St. Augustine, no protection for perceived potential applicant for city job who reported dumping of hazardous waste in reservoir (DOL ARB), 512
Agriprocessors, undocumented workers employees under NLRA despite IRCA violations, bargaining order upheld (D.C. Cir.), 48
Local 7, right-to-work business initiative certified for Colo. ballot, In Brief, 643; union-backed measures approved by Title Board, 677 Locals 135, 324, 770, 1036, 1167, 1428, 1442, Ralphs, locals entitled to some data on fraudulent rehiring during 2003-2004 lockout, but hiring audit privileged work product (NLRB), 294 Local 324, failure to pay final wages by deadline, $15M settles grocery workers' state law class claims (Cal. Sup. Ct.), 766 Locals 342, 348-S, representation, rejected unions claim ICE audit during FreshDirect election intimidated workers, Special Report, 128 Local 400, nursing home illegally withdrew recognition without majority support, ordered to recognize, bargain (4th Cir.), 377 Local 1459, letter-writing campaign to protect job conditions protected activity, bus company's refusal to hire school bus drivers was ULP (1st Cir.), 500 Local 1996, withdrawal of recognition the day after pact expired was ULP where union produced evidence of support before expiration (D.C. Cir.), 533 Smithfield Foods, RICO, union, allies must defend charges of extortion in Tar Heel, N.C. recognition campaign, dismissal bid rejected (E.D. Va.), 775; extortion claim advances (E.D. Va.), 1399; suit settled, parties agree to election using fair process (E.D. Va.), 1433
Pa., whistleblowing auditor had no statutory duty to report safety violations to FDA, firing lawful (3d Cir.), 1377
Chloe Foods, sexual harassment, retaliation, boss's invitation on business trip to visit adult book store bolsters fired sales rep's claim, suit advances (M.D. Tenn.), 367
Combustible Dust Explosion and Fire Prevention Act Fresh Fruit & Vegetable Workers Local 1096, one-month reinstatement period after 14-year lockout no ULP (9th Cir.), 1189 Goya Foods of Fla., ULPs, bargaining order enforced against firm that ignored union throughout certification year, then tried to decertify (11th Cir.), 603 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 Hershey, ERISA, excluding director in critical position from severance plan was non-arbitrary business decision based on adverse impact (M.D. Pa.), 1060 Hill's Pet Nutrition, sexual harassment, duration improperly limited, mitigation does not restart clock, claim revived (7th Cir.), 14 Imperial Sugar, fatal refinery explosion, OSHA proposes $8.8M in fines, 1062 Interstate Bakeries
FMLA, alcoholic worker not covered for absences before treatment began, firing lawful (7th Cir.), 73
Sexual harassment, co-worker's knowledge does not bind employer, affirmative defense defeats claim (1st Cir.), 1219 ULPs, agreement to endtail rather than dovetail seniority of non-member sales rep when units merged violated NLRA (NLRB), 1312 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 Schreiber Foods, IBT outside organizing costs not shown to be chargeable to nonmembers under Beck, fair representation breach (D.C. Cir.), 565 VLM, d/b/a Reliable Bakery, overtime, N.Y. opt-out class action certified, citing immigrant's fear of FLSA opt-in (E.D.N.Y.), 370
Brinker, breaks, off-the-clock work, class certification vacated where individual issues predominate (Cal. Ct. App.), 1047
Captain D's, negligent hiring and supervision, alleged sexual assault by manager outside scope of mandatory arbitration pact, teen server's rape claims revived (U.S., rev den), 417 Caribou Coffee, nonmanagerial worker seeks class status in suit over forced tip pooling, sharing (Minn. Dist. Ct.), 1155 CBOCS West, §1981 retaliation claim viable for Cracker Barrel manager fired after complaints about race bias against coworker, right to sue implied (U.S., aff), 713 Cha-Cha's Cocina Mexicana, fraudulent inducement, chefs brought from Mexico may sue, administrative hearing on related wage claims no bar (Cal. Ct. App.), 189 Earl's Rests., FLSA, $500K in back pay for Colo., Ariz. workers settles minimum wage charges, mandatory tip sharing, dine and dash contributions unlawful, 1272 Golden Gate Restaurant Ass'n, San Francisco ordinance requires employers to pay for health 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 Jin Hua, overtime, $110K in back pay settles DOL claims against restaurant supply firm (E.D.N.Y.), 996 Jocks & Jills Rests., racial and sexual harassment, $2M judgment against employer on emotional distress, negligent retention claims vacated due to flawed jury instruction (11th Cir.), 403 KFC, overtime, class decertification bars arbitration of claims, ex-members must sue as individuals (D. Minn.), 45 Lee's Log Cabin, ADA, waitstaff applicant not qualified, HIV-positive, AIDS not synonymous for pleading purposes (7th Cir.), 1371 Long John Silver's Rests., FLSA collective actions, waiver of opt-in requirement valid, opt-out class arbitration may proceed (4th Cir.), 150; (U.S., rev den), 1347 Mack Assocs., INA, McDonalds franchisee pleads guilty to felony immigration charges, fined $1M (D. Nev.), 1061 McLane Foodservice, whistleblower retaliation, after-hours videotaping at warehouse violated loitering ban, not protected (D. Ore.), 9 Mi Cantina Sports Bar, INA, scheme to smuggle women from Central America and force them to work in Houston bars triggers prison sentence, restitution (S.D. Texas), 698 Pyramid Breweries, meal and rest breaks violations, owners of 3 brew pubs will pay $1.3M to settle class claims (Cal. Sup. Ct.), 561 Republic Rest., FLSA, discovery, delivery personnel suing for minimum wage and overtime need not produce tax returns to show number of work hours (S.D.N.Y.), 463 Saigon Grill, FLSA, N.Y. wage violations, owners, managers liable for $4.6M award to Chinese immigrant deliverymen (S.D.N.Y.), 1425 Starbucks
ADEA, sex bias in disparate discipline policies, manager who violated store policy may proceed with suit (S.D. Ohio), 687
Barista seeks class status in suits over forced tip pooling, sharing (D. Minn.), 1155 Barista who dry-cleaned machine-washable apron not entitled to reimbursement for time, costs (N.D. Cal.), 1025 Religious bias, workers' compensation retaliation, barista fired for refusal to conceal Wiccan pendant entitled to jury trial (D. Ore.), 243 Tip pooling among baristas, shift supervisors, and shift leads unlawful (Cal. Sup. Ct.), 401; court orders $105M in restitution to baristas, appeal planned, 430 VCG Holding, forced tip pooling, other wage violations, night club workers seek class status (Minn. Dist. Ct.), 1155 World Yacht, cruise boat operator who includes gratuities in ticket price must share banquet and meal service charges with wait staff (N.Y.), 244 Yum! Brands, constructive discharge, aviation mechanic's overtime demands prompted 'quit or be fired' ultimatum, FLSA claim may proceed (W.D. Ky.), 624
Goods made, DOL sets guidelines for creating list, criteria reviewed, 55
INA, scheme to smuggle women from Central America and force them to work in Houston bars triggers prison sentence, restitution (S.D. Texas), 698 Signal Intl., Indian guestworkers sue shipyard alleging fraud, forced labor, human trafficking (E.D. La.), 410
EEO-1, EEOC seeks to extend use of current version through Jan. 2010, 1407
Employment Eligibility Verification (I-9) Form, fraudulent submission, petition for status adjustment after marriage to U.S. citizen properly denied (8th Cir.), 412 LMRDA
Form LM-2, more detail, OLMS proposes revisions to disclosure rule for large unions, 672
Form LM-3, delinquency, OLMS sets process for revoking small union's right to file, 672 T-1 form proposed for annual union reporting of financial data related to trusts, 347; OLMS issues final rule, overview, 1319
Debit cards, SEC investor alert warns about risks, 1063
ERISA, fiduciary breach
Eligible investment advice arrangement (EIAA), limited exemption for 401(k) plans, IRAs, EBSA proposed rule offers guidance, 1196; DOL to complete proposal this year, hearing report, 1407
Entire plan distinguished, participant may sue for losses to plan assets in individual account due to failure to follow investment directions (U.S., rev), 257; text, 266 Individual participants have standing to sue trustee over lack of notice on fraudulent investments, claims revived despite chance of individual relief (6th Cir.), 158 Interference, unreinstated strikers allegedly misled into resigning to collect benefits may sue for reinstatement, back pay (N.D.N.Y.), 696 Limitations, Ill. 10-year period for breach of written contract applicable to suit for restitution of improperly withheld contributions (7th Cir.), 1439 Post-bankruptcy claims alleging imprudent investment in company stock timely filed (N.D. Ohio), 474 Stock drop 401(k) suits target financial industry in throes of subprime mortgage meltdown, 1284 Terminated or abandoned IAPs, distributions to missing non-spouse beneficiaries, class exemption amendment, final EBSA rules, 1380
Breathalyzer testing of off-duty police officer not unreasonable seizure despite fear of job loss (6th Cir.), 157
Drug and alcohol testing, public safety not implicated in library page position, mandatory test to combat societal problem unreasonable search (9th Cir.), 405
CFAA
Duty to bargain
See BARGAINING DUTY
Fraudulent inducement, chefs brought from Mexico may sue, administrative hearing on related wage claims no bar (Cal. Ct. App.), 189 Immigration, petition for status adjustment after marriage to U.S. citizen properly denied for submitting fraudulent I-9 form (8th Cir.), 412 Iowa public sector expansion bill vetoed, 701 Minority-union, members-only bargaining is enforceable right under NLRA, CTW files rulemaking petition with NLRB to clarify, 55 Prison record deception on job application is question for jury, welder who filed for workers' compensation can proceed with retaliatory firing claim (W.D. Tenn.), 465 Staples, for cause, employee fired for padding travel, expense reports forefeited right to exercise stock options (1st Cir.), 1194 Teaching and Research Assistant Collective Bargaining Rights Act
Disclosure of employer information, release to 3d party barred due to conflict between EEOC policy and its own FOIA rules (D.C. Cir.), 930
Content-based restrictions, mall ban on union picketing, handbilling violates Cal. constitution, NLRA (9th Cir.), 1188
Crappy homes comment is protected opinion, not assertion of fact, poem lampooning target of labor dispute not actionable defamation (Ill. Ct. App.), 181 DOE, public concern, whistleblowing lab auditor's criticisms protected, but no link to federal retaliation charges (D.N.M.), 847 Idaho prohibition on local government employees' political payroll deductions violates 1st Amend. (U.S., rev grant), 1329 Police department interests override speech rights of spokesman officer who blasted department, slammed minorities and homeless (5th Cir.), 20 Retaliation
Mixed speech, university computer auditor's complaints made as citizen may be protected if matter of public concern, analysis required, remanded (5th Cir.), 295
Public vs. private speech, police officer's comments maligning department, slamming minorities and homeless not protected (U.S., rev den), 733 University worker who e-mailed inaccurate pay restructuring data received from NAACP lawfully fired (4th Cir.), 633 Santa Barbara News-Press, ULPs, risk of infringing right to editorial discretion triggers denial of interim injunction (C.D. Cal.), 776 School board's political button ban upheld, but campaign postings on teacher boards, mailboxes lawful (S.D.N.Y.), 1438 School district ban on faculty participation in student-initiated prayer valid, coach's claims rejected (3d Cir.), 606 Supreme Court labor docket, 2008-2009 term opens, 1329 Wash. ferries engineer not required to report management corruption as part of job duties, speech protected under 1st Amend. (9th Cir.), 84
Stewart Ents., SOX, funeral home employees lacked reasonable belief in reported shareholder fraud, RIF firings unprotected (5th Cir.), 155
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