Workplace Law Report Index-Summary

JOB SATISFACTION

– Complaints about co-workers may be odd, online survey tracks grievances, pet peeves, 1164

JOINT EMPLOYERS

– Nonprofit child-care institution not a FLSA-covered enterprise despite payroll link to employee leasing firm, Wage and Hour Op. Letter, 399; text, 415
– Wal-Mart, labor law violations, foreign workers' suit alleging failure to monitor suppliers rejected, no contractual duty (9th Cir.), 985

JONES ACT

See MERCHANT MARINE ACT

JURIES

– 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
– Ala., jury duty firing, state law claim revived, factual dispute on call-in efforts precludes summary judgment (11th Cir.), 1195
– Cat's paw liability, USERRA claimant's judgment reversed, submission to jury without proof of biased individual's singular influence on decisionmaker was error (7th Cir.), 425
– Disability bias, $1.13M jury verdict for trucker fired after diagnosis of paranoid schizophrenia vacated, improperly based on claims outside pleadings (Mass.), 573
– FELA, fear of developing cancer valid basis for damages only where shown to be “genuine and serious,” $5M award overturned due to improper jury instruction (U.S., rvs), 777; text, 789
– Ind., mixed-motive jury instruction allowable based on direct or circumstantial proof of bias (Ind.), 767
– Wis., sick leave, no statutory or constitutional right to jury trial for damage suits under state law (Wis.), 1021

JURISDICTION

– Diversity, federal trial court was authorized to conduct on-the-record review of Mont. agency ruling (9th Cir.), 1025
– FEHBP, operation of federal officer removal statute (U.S., rev grant), 1400
– Ill., retaliation, circuit courts have subject matter authority over federal civil rights claims, beyond parameters of Ill. Human Rights Act (Ill.), 147
– NLRA, Carroll College affiliated with Presbyterian Church, exempt from NLRB jurisdiction, bargaining order not enforceable (D.C. Cir.), 389
– PPF threat to rescind market recovery grant involves ULP, NLRB has exclusive jurisdiction over dispute (Minn.), 1170
– SOX, failure to appeal preliminary findings, final administrative decision (S.D.N.Y.), 1422
– USERRA jurisdiction defined by statute, retaliatory discharge suit against state entity within purview of state court, not federal, sovereign immunity not at issue (U.S., rev den), 520
– 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

JURISDICTIONAL DISPUTES

– LIUNA demands raised dispute over caisson work and arbitration not required under LIUNA pact (2d Cir.), 1258

JUSTICE DEPARTMENT (DOJ)

– Appointments and personnel changes, Civil Rights Div., assistant attorney general, Perez tapped, In Brief, 396; confirmed, 1362
– OSHA criminal cases referred to DOJ for prosecution under new program, House lawmakers review details, 640
– Peonage, conspiracy, visa fraud, document servitude, convictions, fines upheld for hotel owners who abused Filipino housekeepers (8th Cir.), 608
– Privacy Act, irrelevant records, job applicants rejected due to liberal political affiliations may sue DOJ, but not individual screeners (D.D.C.), 1296