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Vol. 7, Nos. 1-43, pp. 1-1462 Jan. 2 - Oct. 30, 2009 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 AVIATION ADMINISTRATION)
Bush-era opinion letters, DOL releases 40, withdraws 20, 345
Collective actions
See CLASS ACTIONS
Electronic records, attorneys advise on use in FLSA litigation, 641 Fair Pay Act N.Y. lottery winnings withheld to offset public welfare payments no FLSA violation (N.Y. Sup. Ct.), 629 On-call time
See ON-CALL TIME
Retaliation
See RETALIATION
Agency fees renewals, USW annual filing requirement no breach (NLRB ALJ), 1134
Racial or sexual harassment, attorneys, officials address union conflicts, issues raised when actors anonymous or hard to identify, 523 UFCW, LMRA §301, fired deli manager's grievance meritless (E.D.N.Y.), 1386
Pfizer, off-label marketing, fired VP's qui tam suit dismissed for want of causal link (S.D.N.Y.), 1330
USA Environmental, whistleblowing munitions handler's retaliation claim rejected, safety complaints about bird feces not linked to belief in fraudulent payment (M.D. Fla.), 392 Whistleblowing, preventive policies reduce exposure to retaliation claims, minimize impact, attorneys advise on legal, practical concerns, 483
Federal Employees Paid Parental Leave Act
State labor legislation, 2008, DOL reports, 236 Wis., sick leave, no statutory or constitutional right to jury trial for damage suits under state law (Wis.), 1021
Airline Flight Crew Technical Corrections Act
Arbitration, trucking firm's customer service rep not FAA-exempt, subject to valid accord, employer's participation in EEOC proceedings no waiver (8th Cir.), 967 DOL's user-friendly final rules will clarify court interpretations, increase communication, ABA panelists say, significant changes, military family leave discussed, 69 Eligibility
Equitable estoppel not applied where worker relied on oral approval but had worked insufficient hours to qualify (1st Cir.), 1087
Leave mistakenly granted, estoppel no bar to assertion of threshold defense where no reliance shown (6th Cir.), 987 Legality of layoff not resolved, factory worker returned to work under ULP settlement cannot claim layoff time as hours of service (S.D Ohio), 275 Union stewards unlawfully denied credits for hours spent enforcing pact, past practice key factor (N.D. Ill.), 142 Family and Medical Leave Inclusion Act Interference, retaliation
Firing 3 weeks after adoption-related leave proved interference, retaliation, but denial of mandatory prejudgment interest was error (4th Cir.), 343
Hospital janitor violated daily call-in policy during leave, lawfully fired (8th Cir.), 7 Ill., state worker fired for refusal to sign performance improvement plan has no claim (7th Cir.), 505 IT worker who asked for leave before qualifying may proceed with firing claim, would have been eligible by the time requested leave began (N.D. Ill.), 190 Leave verification policy allowing 3 days to provide medical documentation before firing unlawful interference, 15-day minimum required (S.D. Ohio), 832 PIP onerous, alcoholic manager fired after inpatient treatment program may sue under FMLA, but not ADA (10th Cir.), 219 Retroactive termination of health benefits, $85K judgment confirmed for nursing home dietary consultant who gave birth to triplets (7th Cir.), 661 Verdict favoring employee fired 4 days after taking protected leave consistent with Act, upheld (U.S., rev den), 132
Leave requests incomplete, reliance on one remark unreasonable, worker mistaken about leave approval properly fired for absenteeism (8th Cir.), 249
Unforeseen leave, as soon as practicable, ordinarily within 1 or 2 days but no guaranteed allowance under new rule, Wage and Hour Op. Letter, 643; text, 654
OPM proposes amendment to include leave for care of military service member, other uses, 1201
Revisions may be roadmap rather than quagmire feared by employers, attorney explains expanded leave rules, 1203
Arbitration not expressly required in USW pact, and prior award upholding termination does not preclude litigation (N.D. Ill.), 963
Firing after valid request for leave sufficient basis for interference, retaliation claims (3d Cir.), 1319 Mixed motive, claim revived where school custodian's involuntary leave based on medical restrictions, excessive absences (6th Cir.), 1185 Performance warnings predated leave (7th Cir.), 1443 Property management executive fired during leave for hysterectomy raises pretext issue for jury, but religious bias rejected (10th Cir.), 1162 Sheriff's security officer fired for failure to appear for scheduled drug test, not for taking leave for back injury (6th Cir.), 1052
H-2A visa program, UFW bid to postpone DOL rule denied, economic loss not irreparable harm (D.D.C.), 155
Cintas, fatal laundry accident, House Democrats, UNITE HERE protest $2.76M settlement of six OSHA cases (OSHRC), 19
Independent contractors, BLS to begin tracking numbers in 2011 to aid OSHA, lawmakers, 289 Rapetti Rigging, manslaughter, criminally negligent homicide, owner, firm indicted for 2008 crane collapse that killed seven (N.Y. Sup. Ct.), 50
ADA, ADEA, agreement to Christian conciliation of claims with Bible as supreme authority enforceable under FAA, lawsuit barred (S.D. Ind.), 1226
Arbitration Fairness Act (AFA) Cruise line workers' individual contracts, bargaining pact not FAA-exempt seamen's employment contracts, arbitration properly enforced (U.S., rev den), 885 FLSA, Md. wage claims, mandatory arbitration enforceable where pact easily readable by non-native English speakers who could speak, read, and write English (D. Md.), 1024 Trucking firm's customer service rep not exempt, subject to valid arbitration accord, employer's participation in EEOC proceedings no waiver (8th Cir.), 967
Airline Safety and Pilot Training Improvement Act
Mandatory retirement, final rule released raising pilot age limit to 65, 1001 Pilots, flight attendants rest requirements for ultra-long range flights, carriers suing FAA over new rule include American, Atlas, Continental, Evergreen Intl., JetBlue, United, U.S. Airways, 70
Appointments and personnel changes, Shiu tapped to head, DOL confirms, 1100
DOL ARB decisions, briefly, 1370 DOL reorganization, ESA to be dismantled, program offices will report directly to Solis, 1036 Hospitals working on HMO's government contract are federal subcontractors subject to compliance reviews despite contractual omission (DOL ARB), 780 Pay equity, OFCCP pay grade standards, speakers discuss effects of Ledbetter law, Paycheck Fairness Act, 1111 Regional officials answer questions, discuss ARRA, racial identity and Ricci effects, other current issues, 1109 Restructuring has benefits, costs, higher-profile OFCCP may shift emphasis from bias to affirmative action, attorney speculates on changes ahead, 1107
Beck rights, OLMS rescinds rule that employees must be notified of right not to join union, to pay fees only for representational expenditures, 473
E-Verify
Business challenge rejected, FAR rule requiring use by federal contractors upheld, summarized (D. Md.), 1199
Federal contractor mandate to be implemented, no-match rule rescinded, advocates cite mixed message from DHS, 976; motions to block mandate denied (4th Cir.) (D. Md.), 1264 Immigration, FAR, final DOL rule mandating use of E-Verify postponed in wake of Chamber lawsuit, 77; postponement extended until May 21, 156; postponed until June 30, 582 NLRA rights, posting notices, DOL proposes rule to implement E.O. 13496, 1100 Obama agenda on labor and employment law called aggressive, but pragmatic by ABA panelists, 1116 Pay grade standards, equity, speakers discuss effects of Ledbetter law, Paycheck Fairness Act, 1111 PLA executive order, project-by-project basis, FAR councils extend comment period to Sept. 23, 1202 Prevailing wage conferences, DOL to explain laws applicable to ARRA, In Brief, 977 UPMC Braddock, hospitals working on HMO's government contract are federal subcontractors subject to OFCCP reviews despite contractual omission (DOL ARB), 780 USA Environmental, FCA, whistleblower's retaliation claim rejected, safety complaints about bird feces not linked to belief in fraudulent payment (M.D. Fla.), 392 Workers' rights, Obama issues 3 labor-friendly executive orders, summary, 187; notification of rights under federal laws, text, 206; nondisplacement of workers under service contracts, text, 208; economy in contracting, text, 210 Text messaging ban, 1361
FEHBA preemption, FEHBP jurisdiction, federal officer removal statute (U.S., rev grant), 1400
ADEA, Forest Serv. firefighter who failed required test failed to show disparate impact, treatment, but retaliation claim viable (Ore.), 768
Annuitant rehiring Federal Employees Paid Parental Leave Act Health benefits Retirement benefits Whistleblower Protection Enhancement Act
Asbestos liability, procedural nature of Ohio law requiring more threshold evidence than FELA saves it from preemption (U.S., rev den), 82
Cal. whistleblowing, preemption (E.D. Cal.), 1453 Damages, fear of developing cancer valid basis only where proven genuine and serious, $5M award overturned due to improper jury instruction (U.S., rvs), 777; text, 789
DOL ARB decisions, briefly, 556; 1273
Hours of work, recordkeeping and reporting requirements, procedures, final rule issued, 748
Rest periods, interruptions barred under proposed interpretation, summary, 883
9/11 Act, Cal. whistleblowing, preemption (E.D. Cal.), 1453
Promotions, ADEA, sex bias claims against Board of Governors properly rejected, but retaliation claim revived on vel non issue (D.C. Cir.), 346
Rule 23(b), hybrid class settlement, res judicata, overtime (N.D. Okla.), 1321
Rule 68, offer of judgment no bar to timely bid for certification of FLSA collective action relating back to filing date of initial complaint (5th Cir.), 40 Rule 71, settlement without notice to putative class members prejudicial (Wash. Ct. App.), 1323 Rule 408, settlement negotiations lawful factor for consideration in setting reasonable award of attorneys' fees (3d Cir.), 1062
ERISA
Amgen, stock drop, imprudence, ex-employee who cashed out of defined contribution plan has statutory, constitutional standing to sue (9th Cir.), 997
Citigroup, subprime crisis stock drop, where 401(k) plan mandate allowed no discretion, no fiduciary breach (S.D.N.Y.), 1231 Contributions owed to multiemployer plans not assets triggering fiduciary status, but debts dischargeable in bankruptcy (2d Cir.), 672 Credit Lyonnais, years of service, oral promise (2d Cir.), 1358 Deere, separate 401(k) plans, no duty to disclose revenue sharing between service providers to participants (7th Cir.), 262; bid for full panel rehearing denied (7th Cir.), 915 Dual role administrators, deferential review proper, conflict of interest only one factor to be considered (4th Cir.), 18 Erroneous statement of credited years of service no material misrepresentation when presented as estimate subject to review (E.D.N.Y.), 637 401(k) Fair Disclosure and Pension Security Act IBT fund's refusal to return surplus assets under Bakery Drivers trust-to-trust accord was breach, ordered to repay $2.1M (C.D. Cal.), 76 Intl. Paper, jury trial properly denied on equitable claim, but 401(k) participants' class suit over stock drop, excessive fees advances (S.D. Ill.), 231 Investment advice, participant-directed accounts, DOL releases final rule, Rep. Miller (D-Cal) predicts harm to investors, vows to block, 122; rule delayed to consider legal and policy issues, 439 Loyalty breach, undervaluing real estate created windfall for trustee/participant at expense of other participants (7th Cir.), 357 NovaStar Fin., stock-drop, participant who cashed out of 401(k) plan has standing to sue over subprime-related nosedive, $5 decline per share sufficient (W.D. Mo.), 286 Tellabs, stock drop, retention of company stock as retirement plan investment option no fiduciary breach (N.D. Ill.), full trial on merits, 809 Termination under adverse selection rule, delivery drivers claims proceed against Central States Fund with leave for additional discovery (D. Minn.), 232 Tyco Intl., poor investment options, $70.5M settles stock-drop class action (D.N.H.), 1140 Unpaid contributions, corporate officer with no control over 401(k) plan assets not liable as fiduciary, but N.Y. law imposes personal liability for returned checks (2d Cir.), 1175
Am. Intl. Grp. (AIG), SOX, jurisdiction, final administrative decision (S.D.N.Y.), 1422
Bank of America, ADA, military veteran's regarded-as claim improperly dismissed, revived (3d Cir.), 542 Cardinal Bankshares, accounting irregularities, whistleblowing CFO's claim properly dismissed, no SOX-related violations shown (U.S., rev den), 583 Citibank, race and religious bias, employee who signed four separate arbitration agreements must arbitrate state, federal firing claims (S.D.N.Y.), 223 Citigroup, ERISA, subprime crisis stock drop, where 401(k) plan mandate allowed no discretion, no fiduciary breach (S.D.N.Y.), 1231 Credit Lyonnais, ERISA, years of service, oral promise (2d Cir.), 1358 First Natl. of Nebraska, ADA, unattainable production quota, failure to rehire employee with voice disorder suggest RIF was pretext, claim revived (8th Cir.), 385 Huntington Bancshares, ERISA, exposure through merger, retention of stock investment option during subprime crisis no fiduciary breach (S.D. Ohio), 264 KeyCorp, whistleblowing currency trader's state law firing claim properly removed to federal court, Edge Act controls lawsuit related to international banking (M.D. Ohio), 261 Schwab Capital Mkts., ex-sales trader who was offered comparable position with purchasing company properly denied severance pay (S.D.N.Y.), 973 SunTrust Banks, EPPA, bank violated bar on use of or reference to test results, but claimant manager failed to link to firing, anxiety problems, show damages (D.S.C.), 579 U.S. Bank, ADEA, fired employee's claim dismissed for attempted bribery of potential witness (S.D. Ohio), 765 Vanguard Grp., §1981, res judicata, Title VII dismissal precludes (3d Cir.), 1388 Wells Fargo Fin. Bank, bailout backlash, Biggest Lawsuit in the Country filed to punish Rich Bankers dismissed as frivolous, malicious (E.D. Mo.), 347 Wells Fargo, FLSA overtime, misclassified IT workers, class certification (N.D. Cal.), 1446
Calvert Group, failure to exhaust administrative remedies dooms bias claims, but retaliation claim based on earlier complaint revived (4th Cir.), 37
Citigroup, nonvested stock options not wages under Mass. law, forfeiture by Capital Accumulation Plan (CAP) lawful (Mass.), 193 DVI Fin Servs., SOX, firm liable for firing whistleblowing attorney but back and front pay cut, dissolution in bankruptcy intervening circumstance (DOL ARB), 364; decision reinvigorates SOX whistleblower protection, litigators offer analysis, perspective, 475 FBL Fin. Servs., ADEA, mixed-motive jury instruction requires direct proof, executive's award reversed, new trial ordered (U.S., oral arg), 478; but-for causation required, motivating factor standard, burden-shifting to employer rejected (U.S., rev, rem), 829; text, 854 Fiduciary Trust Intl., executive fired for trying to market unauthorized hedge fund, not SOX retaliation, ERISA interference claim fails (S.D.N.Y.), 1196 Williams Capital Group, mandatory arbitration, fee-sharing clause not superseded by AAA rules requiring employer to pay, but goes against public policy, void and unenforceable, severable (N.Y. Sup. Ct. App. Div.), 671
See PENALTIES
Direct threats to safety, public policy challenge to arbitrator's reinstatement order frivolous where IAM worker no real threat (E.D. Wis.), 144
Locked vehicles, OSH Act general duty clause does not preempt amendment to Okla. laws banning guns in workplace, injunction reversed (10th Cir.), 286
Colo., collective bargaining rights bill vetoed, 822
Conn., New Haven, reverse race bias, disparate impact clash, 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; Sotomayor confirmation hearings, role in New Haven firefighters case attacked, defended, 1005 Forest Serv., ADEA claimant who failed required test failed to show disparate impact, treatment, but retaliation claim viable (Ore.), 768 Full-time paid firefighters volunteering extra hours without pay unlawful waiver of FLSA rights, Wage and Hour Op. Letter, 85; text, 94 Ill., Chicago, race bias in testing, continuing violation rejected, applicants' EEOC charge untimely, judgment vacated (U.S., brief invited), 713; (U.S., rev grant), 1317 Mich., sexual harassment, fire marshal's actions, remarks to dispatcher offensive, but not severe or pervasive enough for hostile environment (6th Cir.), 430 N.Y., race bias, disparate impact, written exams for NYC applicants not adequately job-related, no business necessity shown (E.D.N.Y.), 1056 Overtime, public agency firefighters covered by partial FLSA exemption for up to 28-day work period, vacation buy-backs excluded, but not attendance stipends, Wage and Hour Op. Letter, 441; text, 449 Stipends and fees for volunteer EMTs, firefighters not shown to be nominal, admissible under FLSA, Wage and Hour Op. Letter, 84; text, 96 Volunteer Firefighter and EMS Personnel Job Protection Act
Agency fees, reciprocal arrangement allowed Maine SEIU affiliate to charge nonmembers for national litigation costs funded by expense pooling (U.S., aff), 128
City department head who cut grass was former mayor's brother with sufficient authority to be policymaker, firing lawful (3d Cir.), 277 Freedom of speech University workers fired for exorcism of demonically oppressed co-worker's cubicle may have free exercise claim, briefs sought (N.D. Texas), 468
Life Time Fitness, FLSA, deductions from base pay to reclaim bonuses already paid destroys salary basis, overtime-exempt status (6th Cir.), 696
Furloughs driven by recession may negatively impact benefits, practitioners advise, 815
Combustible dust, OSHA inspections trigger citations, 976
Corporate-owned life insurance (COLI), state law, retroactivity (11th Cir.), 1426 1st Amend., Dade County prosecutor's blog related to police shooting probe protected speech, but suspension upheld on other grounds (S.D. Fla.), 879 Free speech, fired Brevard County employee's complaints about boss's extramarital affair not protected speech, no public concern (M.D. Fla.), 509 Labor legislation, 2008, DOL reports, 236 Minimum wage, litigation privilege no bar to FLSA claim, baseless counterclaims unlawful retaliation (S.D. Fla.), 1022 Sexual harassment, Orange County deputy sheriff who declined post failed to show promotions bias, constructive discharge (U.S., rev den), 81 State actions summary, 25; 89; 238; 294; 529; 716; 783; 1371; 1433 Whistleblowing, airline security violation, protected (S.D. Fla.), 1424 Withdrawal of job offer, hiring, firing, rights under bankruptcy code (M.D. Fla.), 1454
Local 7, UI benefits for locked-out workers, Colo. bill heads to governor, 687
Local 342, fair representation, fired deli manager's grievance meritless (E.D.N.Y.), 1386 Local 348-S, successor employer, subcontractor pact, arbitration (2d Cir.), 1391 Local 951, LMRDA no bar to Mich. law claim for wrongful discharge in violation of UFCW just-cause policy, $820K verdict for fired business agent upheld (6th Cir.), 771 Local 1776, RiteAid not bound to arbitrate organizers' access to newly-acquired nonunion stores (M.D. Pa.), 546
Angelo Dairy, Private Attorneys General Act allows Cal. labor code claims to be brought as representative action without meeting class action requirements (Cal.), 908
Campbell Sales, ADA, depressed sales manager with no memory of crashing company car after leading police in high-speed chase lawfully fired (7th Cir.), 665 Combustible Dust Explosion and Fire Prevention Act Erie Foods, racial harassment, affirmative defense applied, firm not liable (7th Cir.), 1130 ERISA, post-retirement work as baked goods distributor not same trade or craft, former meat cutter's plan benefits improperly suspended (8th Cir.), 1139 Evanger's Dog and Cat Food, overtime, dual action, class certified under Ill. law, FLSA claims advance individually (N.D. Ill.), 1222 Flavor House Prods., sexual harassment, persistent verbal abuse, Title VII claim proceeds, but not retaliation or tort claims (M.D. Ala.), 44 Flowers Bakery of Cleveland, USERRA, liquidated damages, right to jury trial (E.D. Tenn.), 1384 Frito-Lay, age, sex bias rejected, route sales rep who used saliva to clean expiration dates off snack packs lawfully fired (Texas Ct. App.), 698 Pan American Grain, layoff of striking workers without offering union chance to bargain properly ruled ULP (1st Cir.), 323 Schwan's Home Serv., ADA, regarded as disabled (7th Cir.), 1447 SK Foods, intentional hire of illegal workers to drive down wages of legal workers, RICO class certified (E.D. Cal.), 749
Aramark Sports, associational sex bias, no proof that employee who defended co-worker from sexual harassment fired because of sex, but protected activity saves retaliation claim (E.D. Pa.), 1166
El Palenque Mexican Rest. & Cantina, undocumented kitchen worker's claim he used fake identity for overtime hours not credible (S.D. Texas), 253 El Vaquero Rest., immigration, social security fraud, owner sentenced to prison for hiring, harboring, aiding fake documentation (E.D. Mo.), 119 FLSA
Barback is tipped employee similar to busboy, minimum wage tip credit applies, Wage and Hour Op. Letter, 399; text, 410
Recreation exemption, catering firm and recreational establishment not single establishment despite exclusive service contract, servers not exempt, Wage and Hour Op. Letter, 402; text, 409 Hillstone Rest. Grp., privacy, SCA, MySpace postings (D.N.J.), 1356 Hooters, waitress battered in off-duty domestic violence incident not glamorous but not at fault, entitled to UI benefits (Iowa Workforce Dev.), 41 Lee's Log Cabin, ADA, waitstaff applicant not qualified, HIV-positive, AIDS not synonymous for pleading purposes, en banc review denied (7th Cir.), 195 Pizza Hut, negligent failure to obtain liquor license, appear in court, shift manager jailed for her own failure to appear in court has no claim against company (Ga. Ct. App.), 989 Specialty chefs, table-side sushi and Teppanyaki chefs may lawfully participate in tip pool under FLSA, Wage and Hour Op. Letter, 83; text, 100 Starbucks
Cal., tip pooling, $105M award for baristas overturned on appeal, upheld (Cal.), 1253
Milwaukee City Center, accretion, improper standard applied, franchise baristas unlawfully joined to existing UNITE HERE hotel workers bargaining unit (NLRB), 1292
Cal., tip pooling among baristas, shift supervisors, and shift leads lawful, $105M restitution order reversed, appeal planned (Cal. Ct. App.), 761
Interference, restraint, coercion during IWW organizing, firing of pro-union workers at NYC stores were ULPs (NLRB ALJ), 16 Negligence, breach of contract, stolen laptop contained personal data on 97,000, class action filed (W.D. Wash.), 284 Western Pizza, minimum wage, Domino's delivery drivers not required to arbitrate class claims, pact, waiver unenforceable (Cal. Ct. App.), 427 Wilsonville Holiday Partners, Jordanian banquet captain's complaint about Hispanic co-workers not job or public duty, constructive discharge verdict overturned (Ore. Ct. App.), 228
Federal statute lawfully applied to couple who kept undocumented worker as domestic servant for 19 years through deportation threats (U.S., rev den), 80
FLSA, TVPA, immigration status irrelevant to Indian guestworkers' right to sue shipyard (E.D. La.), 549
DOL semiannual regulatory agenda, 675
E-Verify
Current I-9 form for new hires valid despite stated June 30 expiration date, USCIS announces, In Brief, 919
Immigration, I-9 form for new hires, acceptable identity documents, USCIS delays implementing rule, 203 New I-9 form approved by OMB, valid through 2012, In Brief, 1236
LM-2 form revisions, large union financial disclosure, OLMS issues final rule, 122; 180-day delay proposed, comments sought, 395; LM-2/LM-3 rule revising Form LM-2 delayed until Oct., DOL proposes to rescind, 581
LM-2/LM-3, union financial disclosure, DOL reviews comments on proposed withdrawal of Bush-era rule, Special Report, 1237; rule rescinded, 1429 LM-30 form, pre-2007 version, OLMS seeks extension on data collection, In Brief, 1236
Automatic enrollment, IRS issues final regulation implementing PPA, summary, 288
ERISA
See ERISA
See FIDUCIARY DUTY
401(k) Fair Disclosure and Pension Security Act Investment advice, DOL releases final rule for fiduciaries, Rep. Miller (D-Cal) predicts harm to investors, vows to block, 122; rule delayed to consider legal and policy issues, 439
Intimate association, state prison guard fired for close relationship with former inmate has no claim, specific approval requirement safeguards DOC security interest (1st Cir.), 354
Police locker room, covert video surveillance, $2.75M settles officers' class suit against city (C.D. Cal.), 1230
Boeing, worker who lied about relocation to gain telecommuting privileges lawfully fired based on dishonesty (W.D. Wash.), 871
ERISA, sham divorces, QDROs, recoupment (S.D. Texas), 1425 FCA Immigration
Social security fraud, owner sentenced to prison for hiring, harboring, aiding fake documentation (E.D. Mo.), 119
Visa programs
See VISAS
Agency fees, 1st Amend., chargeable union expenses (2d Cir.), 1420
Content-based sign ordinance barring use of rat balloon in labor protest on public sidewalk violates 1st Amend., overbroad, invalidated (N.J.), 226 Exorcism of demonically oppressed co-worker's cubicle not protected speech or public concern, but briefs sought on free exercise (N.D. Texas), 468 Official duties, county sewer inspectors fired after noncompliance complaints to supervisors not protected under CWA or 1st Amend. (11th Cir.), 745 Political speech
Idaho prohibition on local government employees' political payroll deductions no 1st Amend. violation (U.S., rvs), 273; text, 298
Utah prohibition on local government employees' political payroll deductions no 1st Amend. violation, prior holding vacated (10th Cir.), 604 Retaliation
County employee's complaints prior to discharge about boss's extramarital affair not protected speech, no public concern (M.D. Fla.), 509
Independent investigation, firing decision by higher-up precludes biased subordinate's personal liability, verdict favoring claimant vacated (9th Cir.), 260 Police officer's unauthorized memo referenced matter of public concern, press leak not part of job duties, firing claim revived (4th Cir.), 513 Prosecutor's blog related to police shooting probe protected speech, but suspension upheld on other grounds (S.D. Fla.), 879 University department head properly fired for changing grades, violating academic code, claim rejected (3d Cir.), 471
Bicycle commuting reimbursement new fringe benefit under Bush bailout, 123
Furloughs driven by recession may negatively impact benefits, practitioners advise, 815
Cal., 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
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