Workplace Law Report Index-Summary

IAM

See MACHINISTS (IAM)

IBEW

See ELECTRICAL WORKERS (IBEW)

IBT

See TEAMSTERS (IBT)

ICE

See IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

IDAHO

– Labor legislation, 2008, DOL reports, 236
– State actions summary, 445; 1275; 1371
– Voluntary Contributions Act no 1st Amend. violation, state may lawfully prohibit local government employees' political payroll deductions (U.S., rvs), 273; text, 298

IDENTITY THEFT

– Davis-Bacon construction payroll reports, DOL final rule reduces personal data, requires partial identifier, 22
– N.J., UPS whistleblower fired for refusing to use company Web sites due to privacy concerns has valid claim linked to identity theft law (D.N.J.), 636
– Penalty enhancement, Mexican citizen who entered U.S. illegally, knowingly gave false papers to employer guilty of aggravated offense (U.S., oral arg), 290; aggravated offense requires knowledge that identification belonged to another, conviction overturned (U.S., rvs), 625; text, 649
– Social Security Number Fraud and Identity Theft Prevention Act

See LEGISLATION, FEDERAL, HR 2472

ILLINOIS

– ADA, driving not major life activity, Cook County nurse who resigned due to anxiety after car accident lacks ADA, bias claims (7th Cir.), 598
– Chicago, USERRA, complaint filed 13 years after refusal to hire subject to 4-year bar, 2008 elimination of deadline not retroactive (7th Cir.), 1194
– Compensatory time, FLSA dictates Chicago police officers must get leave within reasonable time unless operations unduly disrupted (7th Cir.), 507
– Domestic abuse, sexual violence, new law expands availability of leave for victims, 1241
– Employee Classification Act, independent contractor misclassifications, first penalties imposed under new law, 1242
– FMLA, state worker fired for refusal to sign performance improvement plan failed to show retaliation (7th Cir.), 505
– Forest Park, SCA, town commissioner may sue mayor for accessing her personal e-mail, forwarding to his own account (N.D. Ill.), 1032
– Fraudulent inducement claim reinstated, ERISA no bar where no challenge to management or operation of ESOP (Ill. Ct. App.), 774
– Immigration, law barring employer enrollment in E-Verify unlawfully imposes state standards on federal program, preempted (C.D. Ill.), 393
– Insurance, extent of FEHBA preemption, FEHBP jurisdiction (U.S., rev grant), 1400
– Kelly Servs., Ill. wage and hour, recordkeeping, vacation accruals, class settlement (N.D. Ill.), 1387
– Labor legislation, 2008, DOL reports, 236
– Meal and rest breaks for hotel workers, NLRA preemption of Ill. law (U.S., rev den), 1366
– National origin harassment, failure to investigate slurs, taunts, graffiti by co-workers, Cook County correctional officer has triable claims (N.D. Ill.), 665
– Overtime

– – Dual action, class certified under Ill. law, FLSA claims advance individually (N.D. Ill.), 1222
– – Forced holidays reduced future pay, not current pay, professional employees remained exempt under state law (Ill. App. Ct.), 663

– Pay equity, filing options expanded, Ledbetter paycheck-based timing adopted, 1241
– Race bias

– – Promotions claim fails for city worker who failed to timely file charges regarding denial of training opportunities (7th Cir.), 107
– – St. Clair Housing Auth., promotions, failure to post vacancy, constructive discharge (S.D. Ill.), 1417
– – Testing, continuing violation rejected, Chicago firefighter applicants' EEOC charge untimely, judgment vacated (U.S., brief invited), 713; (U.S., rev grant), 1317

– Recognition of union, state law requires one form of proof, card check win upheld for county workers despite failure to submit dues authorizations, access to cards denied (Ill.), 15
– Retaliation, circuit courts have subject matter jurisdiction over federal civil rights claims, beyond parameters of Ill. Human Rights Act (Ill.), 147
– Secondary boycotts, nonunion contractor's Ill. antitrust claims completely preempted by NLRA, federal cause of action substituted, dismissal reversed (7th Cir.), 544
– Sexual harassment, retaliation, strict liability imposed on employer for harassing acts of any supervisory employee, authority over victim not required (Ill.), 570
– State actions summary, 25; 163; 238; 367; 529; 586; 645; 716; 783; 925; 1011; 1071; 1149; 1206; 1275; 1303; 1371; 1433
– Teachers Ret. Sys., FMLA, retaliation, performance warnings predated leave (7th Cir.), 1443
– Unemployment insurance, couriers employees, not independent contractors, firm liable for state UI fund contributions (Ill. Ct. App.), 1138
– USERRA, city's preferential scheduling policy for police officers with part-time military obligations lawfully rescinded (7th Cir.), 763
– Whistleblowing, state law claim advances for airline mechanic fired for safety complaints, no preemption (N.D. Ill.), 49

IMMIGRATION

– Agricultural Job Opportunities and Benefits (AgJOBS) Act

See LEGISLATION, FEDERAL, HR 2414, S 1038

– Forced labor, federal statute lawfully applied to couple who kept undocumented worker as domestic servant for 19 years through deportation threats (U.S., rev den), 80
– Foreign nurse employment agreement fair and favorable to employee, not unconscionable, resignation was breach (Tenn. Ct. App.), 1234
– H-2B visa program, DHS issues final rule to streamline, critics say changes hurt workers, 21
– ICE

See IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

– Illegal workers

See UNDOCUMENTED WORKERS

– No-match letters

See EMPLOYMENT ELIGIBILITY VERIFICATION

– Peonage, conspiracy, visa fraud, document servitude, convictions, fines upheld for hotel owners who abused Filipino housekeepers (8th Cir.), 608
– Prevailing wages, overtime, construction contractor's deposition queries about claimants' immigration, residency, citizenship status unlawful (N.J. Super. Ct.), 750
– Reform, Obama expects draft legislation in 2009, but no movement until 2010, 1141
– Social Security Number Fraud and Identity Theft Prevention Act

See LEGISLATION, FEDERAL, HR 2472

– State labor legislation, 2008, DOL reports, 236
– State laws, 150 immigration-related bills introduced in first quarter, 2009, report, 616
– Visa programs

See VISAS

IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

– Appointments and personnel changes, Morton named to head, In Brief, 331
– Audits, fines, focus on promoting employer compliance stressed in Morton's address to conferees, IMAGE, E-Verify initiatives touted, 844
– Compliance crackdown

– – I-9 audits at 652 businesses nationwide part of broader effort, 977
– – Preparation is key, proactive focus on compliance, internal I-9 reviews could fend off DHS audits, fines, Special Report, 1146

– Directive to review E-Verify errors, identity theft, detention facilities announced, 202
– Enforcement, new DHS guidelines emphasize employer criminal prosecution rather than raids, 639
– George's Processing, hiring illegal workers, $450K settles ICE charges from 2007 probe (W.D. Mo.), 1299
– IFCO Sys. N. Am., illegal hiring, Houston pallet maker pays record $20.7M to resolve criminal investigation, 20
– Social Security Number Fraud and Identity Theft Prevention Act

See LEGISLATION, FEDERAL, HR 2472

IMMIGRATION AND NATIONALITY ACT (INA)

– DOL ARB decisions, briefly, 1119; 1273

INA

See IMMIGRATION AND NATIONALITY ACT (INA)

INCOME DISTRIBUTION

– Middle class, working families a priority for Obama, executive task force created to address concerns, 187

INDEPENDENT CONTRACTORS

– Benefits entitlement, computer programmer with 10 years' service was independent contractor, not employee, under 10-factor test (7th Cir.), 199
– Cal. ports clean-trucks program barring independent drivers likely unconstitutional, preempted (9th Cir.), 433
– Central States pension plan lawfully expelled employers for violating adverse selection rule, replacing employees with independent contractors (8th Cir.), 1198
– ChevronTexaco, ERISA, workers hired through staffing agencies common law employees, not contractors, claim revived as timely (S.D.N.Y.), 285
– Craftmatic, race bias within scope of IC relationship, sales rep fired after arguing with hiring recruiter may sue under §1981 (3d Cir.), 1256
– Hot legal topic, lawyers, employers, and cash-starved states focusing on misclassification suits, 75
– Ill. Employee Classification Act, first penalties imposed under new law, 1242
– Md., construction, landscaping contractors penalized for misclassifications under newly enacted law, 686
– Mass., misclassification, exotic dancers employees entitled to minimum wage, overtime (Mass. Super. Ct.), 1189
– Minimum wage, lounge owes misclassified exotic dancers back pay, penalties, reimbursement of “stage fees” (Mont.), 735
– Misclassifications

– – FedEx, N.Y., N.J., Mont. lawsuits, 1431
– – IT workers, FLSA overtime class certification (N.D. Cal.), 1446

– N.J., willful misclassifications, stop-work penalty bill enacted, 1041
– Overtime

– – FedEx ground delivery drivers exempt independent contractors, not employees, jury finds (Wash. Super. Ct.), 507
– – Fluctuating workweek, back pay for misclassified workers, divide biweekly compensation by number of hours actually worked to get regular rate of pay, Wage and Hour Op. Letter, 401; text, 404
– – N.Y. Foundling, private nonprofit contractor for NYC agency not a FLSA-covered “enterprise” (2d Cir.), 1127

– Overtime, paralegal's independent contractor income not counted for FLSA highly-compensated employees exemption (S.D.N.Y.), 1322
– Pa., collateral estoppel, UI ruling on status precludes wage claims (E.D. Pa.), 1394
– Reclassification as employees, ten legal, tax, and benefits consequences explained, 1067
– S. Cal. Maid Serv., FLSA, nonpayment of back wages, judge orders daily fines over $2K per day (C.D. Cal.), 569
– Safety and health, BLS to begin tracking fatalities in 2011 to aid OSHA, lawmakers, 289
– State labor legislation, 2008, DOL reports, 236
– Status, reclassification as employees, attorney advises on ten more consequences for employers, 1143
– ULPs, FedEx home delivery drivers not covered by NLRA, refusal to bargain with IBT lawful (D.C. Cir.), 576
– Veterans Messenger Serv., misclassification, couriers employees, firm liable for state UI fund contributions (Ill. Ct. App.), 1138
– World Wrestling Entm't, failure to withhold taxes, professional wrestlers' claims of unjust enrichment, misclassification rejected, no private right to enforce tax code (D. Conn.), 317
– Wrongful discharge, misclassified sales director fired for complaints about short commissions was employee under Cal. law, jury awards $8.4M (Cal. Super. Ct.), 997

INDIANA

– Labor legislation, 2008, DOL reports, 236
– Mixed-motive jury instruction allowable based on direct or circumstantial proof of bias (Ind.), 767
– State actions summary, 89; 163; 716; 783; 1071

INDUSTRIAL WORKERS OF THE WORLD (IWW)

– Local 660, organizing, Starbucks interference, restraint, coercion, firing of pro-union workers at NYC stores were ULPs (NLRB ALJ), 16

INFLUENZA

– H1N1

See H1N1 VIRUS

– Swine Flu

See H1N1 VIRUS

INFORMATION NETWORKS AND TECHNOLOGY

– Benefits entitlement, IT worker with 10 years' service was independent contractor, not employee, under 10-factor test (7th Cir.), 199
– Elec. Data Sys., Mass., vacation pay due as part of “earned wages,” denial illegal despite company policy excluding from earned benefits (Mass.), 834
– Elec. Scriptorium, SCA bars intentional unauthorized access of personal e-mail account, but proof of actual damages required to claim statutory damages (4th Cir.), 434
– IBM, overtime, res judicata (N.D. Okla.), 1321
– Oracle, court withdraws ruling that Cal. labor code guarantees additional workers' compensation for overtime work performed in-state by nonresidents, seeks clarification from high court (9th Cir.), 252
– Stopping Trained in America Ph.D.s from Leaving the Economy (STAPLE) Act

See LEGISLATION, FEDERAL, HR 1791

– Tata Am. Intl., Indian national working for U.S. subsidiary of Indian firm not required to arbitrate Cal. law pay claims in India, no valid accord (9th Cir.), 1088
– Xerox, ERISA, phantom account offset, refusal to allow repayment of prior distributions, remedy to pay more benefits to rehired workers upheld (U.S., brief sought), 334; solicitor general recommends no review (U.S., brief filed), 819; deference to plan administrator, judicial discretion issues set for Oct. review (U.S., rev grant), 923
– Xerox, overtime work, fair distribution, retaliation (W.D.N.Y.), 1418

INFRASTRUCTURE

– American Recovery and Reinvestment Act (ARRA)

See LEGISLATION, FEDERAL, HR 1

INJUNCTIONS

– Adult nightclub operator's bid for TRO to protect “trade secrets” regarding guests, entertainers rejected, no irreparable injury shown (S.D. Ill.), 387
– ERISA, payment of fees out of undistributed vested benefits violates anti-alienation provision, injunction based on common fund doctrine reversed (2d Cir.), 327
– H-2A visa program, UFW bid to postpone DOL rule denied, economic loss not irreparable harm (D.D.C.), 155
– National origin bias, injunction granted, university must continue to employ Russian biologist under H-1B visa program while she pursues claims (W.D. Pa.), 842
– NLRA §10(j)

– – Nursing home supervisor's interrogation, threats, firing of pro-union workers likely ULPs, NLRB bid for interim order granted (N.D. Ill.), 703
– – Recognition withdrawn when reassignment combined represented and unrepresented workers, bargaining unit analysis faulty, injunction denied (W.D. Mich.), 705
– – Successor employer ordered to recognize IBT, hire predecessor's employees, rescind unilateral changes (D. Conn.), 150
– – Videotaping, threats, nursing home ULPs “particularly flagrant,” bargaining order, reinstatement order for SEIU strikers upheld (2d Cir.), 744

– Norris-La Guardia Act bars injunction to halt LIUNA e-mail, voicemail campaign stemming from labor dispute with contractor (E.D. Mich.), 1328
– Retaliation, TRO barring NYCPD internal affairs department from investigation or discipline related to officers' FLSA suit at issue, remanded for explanation (2d Cir.), 192
– Solicitation, Hair Club For Men wins TRO to block former employees, competitor from contacting its clients for duration of lawsuit (Texas Ct. App.), 964

INJURIES AND ILLNESSES

– Flu

See INFLUENZA

– Independent contractors, BLS to begin tracking numbers in 2011 to aid OSHA, lawmakers, 289
– Influenza

– – H1N1

See H1N1 VIRUS

– – Swine Flu

See H1N1 VIRUS

– Nanotechnology, NIOSH recommends proactive risk management to combat work exposure, 1201
– OSHA Site-Specific Targeting, manufacturing plants, nursing homes targeted for 2009 inspections, 1267
– OSHA targeting high-hazard sites, surprise inspections planned for up to 4,500, letters sent since 1999, 813
– Underreporting, OSHA recordkeeping emphasis program, 1399

INSPECTORS GENERAL (OIG)

– Semiannual report to Congress summarized, 845

INSUBORDINATION

– Del., threatening, screaming at boss merited firing without warning, just cause firing precludes UI benefits (Del. Super. Ct.), 1223
– “Principal work location” contract clause bars forced relocation, not travel requirement, ex-comptroller fired for refusal to travel not owed severance pay (7th Cir.), 437

INSURANCE INDUSTRY

– BB&T Ins. Servs., unintentional loss of laptop containing sensitive customer information just cause for firing (W.D. Va.), 909
– Designated beneficiary agreements, Colo. estate planning, administration law for unmarried persons summarized, 559
– First Title of Am., overtime, marketing executive paid commissions exempt outside salesperson under FLSA despite never closing a sale (11th Cir.), 191
– Fla., corporate-owned life insurance (COLI), retroactivity (11th Cir.), 1426
– FLSA, agents may be subject to outside sales or administrative exemptions, depending on duties, form of pay, Wage and Hour Op. Letter, 441; text, 451
– Hartford Life & Acc. Ins., ERISA, disability benefits, “any occupation,” contractual time-bar (10th Cir.), 1358
– MetLife, ERISA, proof of conflict of interest admitted outside administrative record properly viewed in light most favorable to participant (9th Cir.), 117
– Mich. law barring “discretionary clauses” aimed at insurers, substantially affects risk-pooling, no ERISA preemption (6th Cir.), 435
– Mourer-Foster, questioning agency's compliance with state overtime law was protected whistleblower activity, fired accountant may sue (Mich. Ct. App.), 1031
– Nationwide Ins., FMLA, firing after valid request for leave sufficient basis for interference, retaliation claims, but ADA association bias rejected (3d Cir.), 1319
– New York Life Ins., age bias, $6M verdict upheld, but $10M punitives violate due process, remanded for cut (6th Cir.), 386
– Standard Ins., ERISA plans, discretionary clauses, Mont. prohibition (9th Cir.), 1456
– Standard Ins., ERISA, supplying medical reviewers with nonmedical history undercutting disability claim no abuse of discretion (7th Cir.), 1298
– Wachovia Ins. Servs., overbroad noncompete covenant unenforceable, solicitation, confidentiality clauses not breached (Ga. Ct. App.), 1029

INTERIOR DEPARTMENT (DOI)

– Privacy Act, fired whistleblower's claim on whether destruction of performance appraisal was intentional must go to trial (D.C. Cir.), 840

INTERNAL REVENUE SERVICE (IRS)

– Automatic enrollment in defined contribution plans, IRS issues final regulation implementing PPA, summary, 288
– 401(k) plans, financial hardship, safe harbor, IRS proposed rules allow midyear suspension or reduction of non-elective contributions, 712
– GINA implementation, interim rules, 1398
– Salary reduction simplified employee pension (SARSEP) plans, IRS online newsletter aids sponsors, In Brief, 1179

INTERNATIONAL LABOR

– ATCA, TVPA, paramilitary ties, Colombian labor leaders' consolidated claims against Coca-Cola bottling plants dismissed (11th Cir.), 1125
– Child labor

See CHILD LABOR

– Hazard communication standard, OSHA proposes rule to align with U.N. globally harmonized labeling system (GHS), 1334
– 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

– Wal-Mart, labor law violations, foreign workers' suit alleging failure to monitor suppliers rejected, no contractual duty (9th Cir.), 985

INTERNATIONAL TRADE

– Colombia FTA, public comments sought on labor aspects to aid USTR review, 1066
– Enforcement, USTR announces new key measures to save, create U.S. jobs, summary, response, 1037
– Foreign direct investment in U.S., BEA to replace quarterly acquisitions survey, changes summarized, 1236

INTERNET

– Communication technology speeds ahead, attorneys cautioned to stay informed, 484
– Federal Register overhaul, accessibility, 1362
– Foreign labor certifications, ETA introduces iCERT portal system for electronic H-1B, PERM applications, 553
– Free speech, blog related to police shooting probe protected speech, but county prosecutor's suspension upheld on other grounds (S.D. Fla.), 879
– Monitoring

– – Privacy rights, ABA panel advises careful action, transparent and realistic media policies, 1115
– – Social media policies, Facebook, MySpace sites, tips on avoiding SCA, Title VII, NLRA liability, 1002

– NMB e-filing, trial period extended to Aug. 10, switchover set for Sept. 8, 1001
– Salary reduction simplified employee pension (SARSEP) plans, IRS online newsletter aids sponsors, In Brief, 1179
– Voting policy, representation elections, NMB mulls allowing hyperlinks, seeks comments, 1335

IOWA

– Age bias, causation, state uses “motivating factor,” not ADEA “but for” standard, claims proceed (N.D. Iowa), 1415
– Drug testing, delay in written notice of confirmation policy violated state law, but outcome not affected, claimant entitled to legal fees but not damages (Iowa), 116
– Labor legislation, 2008, DOL reports, 236
– Pay bias, liquidated damages bill enacted, incorporates federal Ledbetter law, 615
– Same-sex marriage, state law developments, attorneys discuss benefits impact, tax status consequences, other pitfalls, 612
– State actions summary, 163; 367; 445; 645; 783; 1011; 1071; 1149; 1275; 1303; 1371
– Unemployment insurance, Hooters waitress battered in off-duty domestic violence incident entitled to benefits (Iowa Workforce Dev.), 41

IWW

See INDUSTRIAL WORKERS OF THE WORLD (IWW)