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

– RICO, illegal hiring under INA, Canyon County fails to show property interest in related health care, law enforcement expenditures, lacks standing to sue (9th Cir.), 440; (U.S., rev den), 1412
– State actions summary, 29; 165; 783; 1291; 1414
– Voluntary Contributions Act violates 1st Amend., state lacks power to prohibit local government employees' political payroll deductions (U.S., rev grant), 1329
– Whistleblowers, malice in reference to coworkers as “Muffy and Buffy” in secret time log is jury issue, retaliation claim revived (Idaho), 1429

IDENTITY THEFT

– Agriprocessors, Iowa supervisors arrested on criminal, fraud charges following ICE raid (N.D. Iowa), 971
– Penalty enhancement, Mexican citizen who entered U.S. illegally and knowingly presented false papers to employer guilty of aggravated offense (U.S., rev grant), 1411

ILA

See LONGSHOREMEN (ILA)

ILLINOIS

– Immigration, bill to modify E-Verify ban introduced, In Brief, 101
– Mandatory retirement for public safety workers upheld, Chicago firefighters have no due process claims based on CBA's just cause provision (U.S., rev den), 58
– Overtime, field preemption bars state law claim against interstate rail line, RLA issue unripe (7th Cir.), 1216
– Restrictive covenants, ex-employee's noncompete liability affirmed, but $43M in damages insupportable, new trial ordered (U.S., rev den), 138
– Retaliatory discharge, deckhand who reported crew's illegal drug use after he was fired not a protected whistleblower, but may sue in tort (7th Cir.), 119
– State actions summary, 29; 165; 229; 451; 582; 644; 703; 783; 858; 948; 1011; 1066; 1200; 1232; 1291; 1353

ILWU

See LONGSHORE AND WAREHOUSE UNION (ILWU)

IMMIGRATION

– DHS worksite enforcement

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

See EMPLOYMENT ELIGIBILITY VERIFICATION

– – ICE

See IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

– – SSA “no-match” letters

See EMPLOYMENT ELIGIBILITY VERIFICATION

– English-only rules, Senate clears measure shifting funds used to sue employers to program teaching English, civics to immigrants, 413
– House leadership discusses possibility of putting together successful reform legislation in 2008, Schuler (D-NC) bill's prospects reviewed, 299
– Illegal workers

See UNDOCUMENTED WORKERS

– INRA

See IMMIGRATION NURSING RELIEF ACT (INRA)

– Marriage to U.S. citizen, petition for adjustment of status properly denied for submitting fraudulent I-9 form (8th Cir.), 412
– Mexico will pay $14.5M to settle wage claims of braceros employed as guestworkers on U.S. farms, railroads during W.W. II (N.D. Cal.), 1379
– Northern Mariana Islands Immigration, Security, and Labor Act

See LEGISLATION, FEDERAL, HR 3079, S 2739

– Representing undocumented immigrants, Natl. Empl. Lawyers Ass'n (NELA) attorneys address difficulties, offer tips, 979
– 10K Run for the Border Act

See LEGISLATION, FEDERAL, HR 5706

– USCIS

See CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)

– Visa programs

See VISAS

– Worksite enforcement, ICE

See IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

– Agriprocessors, Iowa supervisors arrested on criminal, fraud charges following ICE raid (N.D. Iowa), 971
– Appointments and personnel changes, Senate confirms Meyers to head agency despite worksite enforcement concerns, 25
– Bribery, immigration fraud, ICE attorney and spouse arrested (C.D. Cal.), 941
– Enforcement onus shifts to employers as immigration, labor, criminal laws collide, attorneys critique methods, 1258
– FreshDirect, interference, rejected unions claim ICE audit during representation election intimidated workers, Special Report, 128
– Humanitarian concerns trigger DHS probe of Mass. raid that stranded over 150 children, guidelines progress discussed, 126
– Mack Assocs., McDonalds franchisee pleads guilty to felony immigration charges, fined $1M (D. Nev.), 1061
– Self-deportation pilot program shelved after 3 weeks due to low participation, 1196
– Targeted enforcement, compliance outreach continue into 2008, no-match rule expected to move forward, Myers tells conferees, 127
– Texas, El Paso County approves resolution calling for moratorium on workplace raids, 702
– U visas certified, undocumented workers detained by ICE after demanding wages will aid civil abuse investigation (E.D. La.), 609
– Universal Indus. Sales, 50 workers detained in planned raid, firm, HR director indicted for harboring (D. Utah), 219

IMMIGRATION AND NATIONALITY ACT (INA)

– Marriage to U.S. citizen, petition for adjustment of status properly denied for submitting fraudulent I-9 form (8th Cir.), 412
– Preemption

See PREEMPTION

– RICO, illegal hiring, county fails to show property interest in related health care, law enforcement expenditures, lacks standing to sue (9th Cir.), 440; (U.S., rev den), 1412
– Scheme to smuggle women from Central America and force them to work in Houston bars triggers prison sentence, restitution (S.D. Texas), 698
– 10K Run for the Border Act

See LEGISLATION, FEDERAL, HR 5706

IMMIGRATION NURSING RELIEF ACT (INRA)

– Alden Mgt. Servs., pay violations, DOL jurisdiction upheld, ARB's $1M back pay award to 119 Filipino nurses affirmed (7th Cir.), 940

IMMIGRATION REFORM AND CONTROL ACT (IRCA)

– Legal Arizona Workers Act, licensing law valid, preemption claim properly dismissed (9th Cir.), 1280
– Meat plant workers “employees” under NLRA despite undocumented status, bargaining order upheld (D.C. Cir.), 48
– Prevailing wages, undocumented workers not precluded from suing employer under state law for failure to pay on public works jobs (U.S., rev den), 264

IMMUNITY

– Notice sufficient, discipline lawful for VA pharmacist who had Garrity immunity yet remained silent during investigation (U.S., rev den), 545
– Sovereign

See SOVEREIGN IMMUNITY

INDEPENDENT CONTRACTORS

– Allstate Ins., benefits avoidance, agents suing under ERISA and non-ERISA plans may proceed with contract claim through liability phase, but suit for damages may be preempted (N.D. Ill.), 474
– Conn., new law establishes permanent commission to investigate misclassifications, 921
– Employee Misclassification Prevention Act

See LEGISLATION, FEDERAL, HR 6111; LEGISLATION, FEDERAL, S 3648

– ERISA, reclassification as independent contractor after breakup of romantic affair with boss not interference (7th Cir.), 252
– FedEx

– – IRS assessments, SEC filing discloses $319M fine for misclassifications, 50
– – Misclassification, nineteen separate classes of current and former drivers in as many states certified (N.D. Ind.), 461

– Immigration, UBC, union contractor sue home builder, subcontractors for illegal hiring, misclassification to depress wages (N.J. Sup. Ct.), 442
– Independent Contractor Proper Classification Act

See LEGISLATION, FEDERAL, S 2044

– Mass., governor's task force cracks down on wage, labor violations, 419
– Mich., governor's task force to identify, halt misclassifications, 227
– Misclassifications, improper tax deductions, IRS regulations preempt Pa. law claims (3d Cir.), 1243
– Mo., governor enacts law mandating verification, penalizing hiring, misclassification, barring public benefits, 984
– N.J., governor's advisory panel to address misclassifications, 164
– N.Y., misclassifications statewide number at least 2,000, governor's task force reports on sweeps, 226
– Public Serv. Elec. & Gas (PSE&G), ERISA, misclassification to avoid paying benefits, independent contractors' fiduciary breach claim time-barred (3d Cir.), 504
– Taxpayer Responsibility, Accountability, and Consistency Act

See LEGISLATION, FEDERAL, HR 5804

INDIANA

– FMLA, La Porte County auditor may be personally liable for firing subordinate if acting as supervisor or on behalf of employer (N.D. Ind.), 113
– FMLA 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
– State actions summary, 29; 165; 644

INFLUENZA

– Pandemic preparedness

– – Antiviral drugs, HHS issues draft guidance for stockpiling by employers, 779
– – Respirators, OSHA draft guidance ties stockpiles to industry exposure, 673

INFORMATION NETWORKS AND TECHNOLOGY

– Alliance Intl., CFAA, deletion of employer data prior to forming competing venture actionable (E.D.N.C.), 1092
– Avanade, sex bias in promotions, time-barred acts admissible to support timely claim, show pretext, revived (7th Cir.), 402
– Cisco Sys., retaliation, ERISA preempts claim that Cal. bias suit triggered benefits denial (N.D. Cal.), 1167
– Electronic Data Sys. (EDS), overtime recordkeeping violations, classification of workers as FLSA-exempt was business decision, not ERISA fiduciary breach (E.D. Mich.), 1166
– iGate Capital, FMLA, part-time worker who took time off for pregnancy ineligible, DOL rule invalid as to scope (3d Cir.), 1181
– Innovations yield useful resources for labor, EEO cases, NLRB, NMB, EEOC officials explain, 639
– Overtime, Cal., exemption enacted for salaried computer professionals, 1321
– Privacy, data security survey finds some IT professionals cannot resist snooping, password policies discussed, 931
– Sun Microsystems, SeeBeyond Tech., overtime, meal breaks, technical writer's class certified (Cal. Sup. Ct.), 685
– Sybase, race bias, “same actor” evidence afforded no extra weight, damages upheld, punitive award reinstated (Cal. Ct. App.), 628
– ValWest Techs., religious bias, retaliation, employer's “cryptic” comment not proof of harassment, but Pagan's firing claim may proceed (D. Ariz.), 718
– Verigy US, trade secrets misappropriated, 5-month ban ordered on former employee's marketing and distribution of similar tech product (N.D. Cal.), 342
– Verity, reduced responsibilities at same pay constructive discharge, computer executive entitled to severance benefits (N.D. Cal.), 1059
– Virtual world environments present challenges, training opportunities, ABA panelists explain, 639
– Xerox, race bias, assignment of sales territories and customer accounts, $12M class settlement preliminarily approved (E.D.N.Y.), 529

INJUNCTIONS

– Day laborers disclosure law, privacy, preliminary injunction barring release of registered employers' personal data upheld, writ denied (Cal. Ct. App.), 23
– ILA picketing at marine terminal slated for shutdown not barred despite no-strike clause, but protest at executive's home enjoined (D.N.J.), 1002
– Immigration, state law E-Verify enforcement blocked, preemption “substantially likely” (W.D. Okla.), 763
– Living wage, Los Angeles Airport Hilton loses bid to halt pay rate for LAX-area hotel workers (C.D. Cal.), 1333
– Medical inquiry, rule conditioning sick leave on submission of doctor's note to immediate supervisor triggers preliminary bar (S.D. Ohio), 963; 1221
– NLRA §10(j)

– – 1st Amend., risk of infringing right to editorial discretion triggers denial of interim injunction (C.D. Cal.), 776
– – NLRB authority to initiate, prosecute injunction proceedings lawfully delegated to deputy general counsel (S.D.W.Va.), 566

– Noncompete agreements, enforcement of post-employment restrictions in global economy, U.S. and EU law compared, contrasted, 479
– Police internal affairs department blocked from investigation, discipline for plaintiff officers' FLSA overtime suit (S.D.N.Y.), 431
– Religious bias, contraception, Wash. rule barring pharmacists from refusing to dispense “morning after” pill temporarily enjoined, stay pending appeal denied (9th Cir.), 627
– Silicon Test Sys., 5-month ban ordered on marketing and distribution of tech product based on former employer's trade secrets (N.D. Cal.), 342
– Withdrawal of recognition, NLRA violations occurred after union had lost majority support, §10(j) injunction denied (E.D. Va.), 1058

INJURIES AND ILLNESSES

– Dole Food, Nicaraguan field workers alleging soil fumigant caused sterility awarded $3.3M, but $2.5M punitive award dismissed (Cal. Sup. Ct.), 410
– FCA retaliation claim revived for nurse fired after warning employer about underreported health records (6th Cir.), 667
– OSHA inspections

– – High-hazard workplaces targeted in site-specific plan for 2008, 727
– – Targeted inspection program focuses on federal agencies reporting numerous lost-time injuries in FY2006, 91

– Underreporting, BLS survey, OSHA logs miss high percentage of incidents, House hearing examines options, 974

INRA

See IMMIGRATION NURSING RELIEF ACT (INRA)

INSURANCE INDUSTRY

– Aetna, mandatory arbitration accord governs SOX whistleblower's retaliation claim, no inherent policy conflict (2d Cir.), 1340
– Allstate Insurance

– – ADA, worker with poor performance fails to show pretext, effort to accommodate, although tardy, was reasonable (7th Cir.), 998
– – ADEA, rehire restrictions are employment policy subject to disparate impact analysis, EEOC statistics establish prima facie case (8th Cir.), 841
– – Benefits avoidance, agents suing under ERISA and non-ERISA plans may proceed with contract claim through liability phase, but suit for damages may be preempted (N.D. Ill.), 474

– Arrowood Indemnity, sex bias, liability coverage forfeited through failure to timely notify insurer of demand letter (Cal. Ct. App.), 935
– C.A.R.S. Prot. Plus, PDA bans abortion bias, fired worker's retaliation claim revived (3d Cir.), 770
– CC Servs., material damage adjusters who process claims for insurance-company clients exempt administrative employees (7th Cir.), 41
– Chicago Title Ins., ex-employee's noncompete liability affirmed, but $43M in damages insupportable, new trial ordered (U.S., rev den), 138
– Cincinnati Ins., EPA, retaliation, disclosure of private data to attorneys not protected where irrelevant to discovery, firing lawful under 6-factor test (6th Cir.), 903
– Cornerstone Am., overtime, “sales leaders” employees, not exempt independent contractors, under economic realties test (5th Cir.), 1365
– Emergency Economic Stabilization Act

See LEGISLATION, FEDERAL, HR 3997, HR 1424

– Equitable, reductions in cash balance plan accrual due to time value of money, not attainment of age, ERISA bias claims rejected (2d Cir.), 968
– Homeowner's Select, sexual harassment, no private right of action against private employer under Pa. law, dismissal upheld (Pa. Super. Ct.), 1336
– Litigation, employer's insurance can mean more money to settle class action lawsuits, Natl. Empl. Lawyers Ass'n (NELA) attorneys review tips, tactics, 981
– MetLife, ERISA, conflict of interest exists where dual-role administrator makes eligibility determinations and pays benefits, applicable level of judicial review at issue (U.S., rev grant), 135; (oral arg), 576; conflict is factor to be weighed in determining abuse of discretion (aff), 835; text, 878; conflict “tiebreaker” favors plaintiffs, attorney speakers predict potential impact, 1035
– Ohio Cas. Ins., ADA, worker who could not meet physical demands of position not regarded as disabled (6th Cir.), 46
– Standard Ins., conversion policy elected and maintained by single employee when business closed not an ERISA governed plan, benefits claim may proceed (E.D. La.), 697

INTERNAL REVENUE SERVICE (IRS)

– FedEx, IRS assessments, SEC filing discloses $319M fine for independent contractor misclassifications, 50
– Pa. law claims alleging independent contractor misclassifications, improper tax deductions preempted (3d Cir.), 1243
– Payroll tax compliance enforcement, staff attorney addresses professionals on IRS efforts to step up, pending legislation, 1228

INTERNATIONAL LABOR

– ILAB budget, FY2009, Bush administration proposal, cuts, 194
– Mexico

See MEXICO

– NAFTA

See NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)

– Noncompete agreements, enforcement of post-employment restrictions in global economy, U.S. and EU law compared, contrasted, 479
– Trade Reform, Accountability, Development, and Employment (TRADE) Act

See LEGISLATION, FEDERAL, S 3083

INTERNATIONAL TRADE

– Free trade agreements

– – Colombia FTA, continuing violence against trade unionists reported, GOP lawmakers seek public hearing to air labor concerns, move forward, 256; Bush urges Congress to pass, wants discussions on pact, TAA, 414
– – Commerce official Padilla says TAA, FTA bills could move at same time, 222
– – FTA discussions on hold in Senate until TAA reauthorized, Baucus (D-Mont) contends, 160

– NAFTA

See NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)

– Trade and Globalization Adjustment Assistance Act

See LEGISLATION, FEDERAL, S 1848

– Trade Reform, Accountability, Development, and Employment (TRADE) Act

See LEGISLATION, FEDERAL, S 3083

INTERNET

– America's Heroes at Work, DOL launches Web site for hiring veterans with brain injuries, stress disorder, 1169
– Blogging, non-disparagement clauses in bias settlement, separation agreements, EEOC attorney warns of agency opposition, legal pitfalls, 548
– EBSA annual reports, delinquent filing penalties, online payment, In Brief, 1283
– Electronic monitoring, blocking, dismissals on the rise, 2007 survey says, 335
– Employee selection procedures (UGESP), EEOC votes to seek White House approval on extension of guidelines' recordkeeping rules, Internet concerns aired, 413; comment sought on request to OMB to renew UGESP without change, 444
– Networking sites, blogs, web videos now generate many workplace privacy disputes, speakers explore altered landscape, 1038
– NLRB launches E-issuance pilot program, board decisions Aug., ALJ decisions Oct., In Brief, 1036
– Virtual world environments present challenges, training opportunities, ABA panelists explain, 639

INTERPRETERS

– Hearsay evidence, improper exclusion of testimony regarding deaf applicant's TRS-transmitted conversation with employer's agent triggers reversal (7th Cir.), 1247

INTERVIEWS

– FMLA regulations, wide range of definitions, requirements altered under new rules, DOL's Lipnic discusses, 177
– PBGC investment policy shifts to long-term goals, diversification, Director Millard explains, 256

INVESTIGATIONS

– National origin, religious bias, Afghan BEP employee fails to show harassment over origin or travel (D.D.C.), 1311

IOWA

– Collective bargaining, public sector expansion bill vetoed, 701
– State actions summary, 29; 102; 165; 384; 451; 514; 703; 783; 1011; 1066; 1200; 1232; 1353; 1414
– Wage and hour violations, state fines Agriprocessors nearly $10.3M, orders $250K in back pay, 1429
– Wrongful discharge, employee fired for summoning police to enforce protective order against co-worker may sue (N.D. Iowa), 632

IRAQ

– ITT Fed. Servs. Intl., “paranoid” computer specialist fired after complaints of sex and national origin bias failed to show pretext, retaliation (D. Md.), 1153
– Kellogg Brown & Root (KBR)

– – FCA, employment pact makes arbitration mandatory for drivers fired after complaining about security, maintenance of Iraq supply trucks (4th Cir.), 721
– – Fraud, Iraq risks misrepresented, civilian truck drivers' claims, improperly dismissed under political question doctrine, reinstated (5th Cir.), 778

– Sexual harassment, mandatory arbitration pact valid, defense contractor's worker may not sue over “sexually lawless environment” (S.D. Texas), 190

IRCA

See IMMIGRATION REFORM AND CONTROL ACT (IRCA)

IRON WORKERS (IW)

– Local 7, Market Recovery Program, nonunion steel erectors' antitrust, LMRA challenge to IW job targeting fund revived (1st. Cir.), 1089

IRS

See INTERNAL REVENUE SERVICE (IRS)

IUOE

See OPERATING ENGINEERS (IUOE)