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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
MACHINISTS (IAM)
Federal Aviation Act reauthorization
Local Lodge 2053, direct threats to safety, public policy challenge to arbitrator's reinstatement order frivolous where worker no real threat (E.D. Wis.), 144 Whistleblowing, federal preemption, FELA, RLA, FRSA (E.D. Cal.), 1453
Labor legislation, 2008, DOL reports, 236
Sexual harassment by co-worker, failure to correct, knew or should have known negligence standard of liability adopted for employer, claim proceeds (Maine), 702 Sexual orientation bias, timing, other factors suggest pretext, lesbian softball coach's claims against high school revived (Maine), 803 State actions summary, 586; 783; 1371
E-Verify, new I-9 form approved, valid through 2012, In Brief, 1236
GINA, EEOC clears rule for review, In Brief, 1141 PLA executive order, project-by-project basis, FAR councils extend comment period to Sept. 23, 1202 Reproductive services, rights of conscience, OMB reviewing proposed regulation to rescind Bush-era rule, comments summarized, 330; HHS proposes rescission of rule due to opposition, seeks comments, 359 U.N. globally harmonized labeling system (GHS), OSHA hazard communication rule revisions, notice of proposed rulemaking sent to OMB for review, 775
AAA
Arbitration Fairness Act (AFA) Fee-sharing clause not superseded by AAA rules requiring employer to pay, but goes against public policy, void and unenforceable, severable (N.Y. Sup.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 Halliburton d/b/a/ Kellogg Brown & Root, assault, battery, emotional distress, false imprisonment, rape claims not arbitrable (5th Cir.), 1261 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 Mass. bias claims arbitrable only where expressly mentioned in accord, trial of sex bias, retaliation claims proper (Mass.), 1090 New Day Fin., mortgage account executives not required to arbitrate FLSA collective action claims, clause, waiver unenforceable (E.D. Pa.), 1190 Notice, consent lacking, law firm shareholder who never received agreement not required under Pa. law to arbitrate bias claims (3d Cir.), 470 Protecting Older Workers Against Discrimination Act Race and religious bias, retaliation, bank employee who signed four separate agreements must arbitrate state, federal firing claims (S.D.N.Y.), 223 SEIU pact clause enforceable under NLRA, and ADEA allows (U.S., rvs, rem), 463; text, 486; adverse consequences, ruling could hurt unions, workers with bias claims, ABA told, 524 Statutory bias, collective bargaining, waivers, panelists discuss Pyett ruling and issues confronting negotiators, 1113 U.S. Supreme Court docket, 2009-2010 term, 1336 Waiver
Overtime, class arbitration waiver, bar on seeking civil penalties on behalf of other employees unconscionable, unenforceable (Cal. Ct. App.), 391
Pizza delivery drivers not required to arbitrate class claims, pact, waiver unenforceable (Cal. Ct. App.), 427 Unlawful under EPPA, arbitration pact no bar to statutory discharge claim (E.D. Va.), 227; service manager demoted after failing polygraph may proceed with firing suit (E.D. Va.), 808
ExxonMobil, ADEA, EEOC suit over grounding of corporate pilots at age 60 revived, reliance on FAA rule for BFOQ defense improper (5th Cir.), 1225
FAA releases final rule raising pilot age limit to 65, 1001
Acetylene standard, OSHA final rule updates references, 1141
Atlantic States Cast Iron Pipe, EPA, DOJ fines total $8M for safety, environmental violations, conspiracy, blocking investigation, concealing accidents, managers sentenced (D.N.J.), 606 Baby Trend, wrongful discharge, misclassified sales director fired for complaints about short commissions was employee under Cal. law, jury awards $8.4M (Cal. Super. Ct.), 997 Bemis
Damages of $80K upheld where employer reneged on promised payment of base salary in executive's noncompete agreement (8th Cir.), 324
ERISA, LMRA, benefit levels lawfully altered, no lifetime coverage in Hayssen retirees' agreement (E.D. Wis.), 1233 Caterpillar, retiree health care, LMRA, ERISA, class claim for lifetime benefits rejected, rights not vested for workers who were retirement-eligible when 1988 pact expired (6th Cir.), 153 Celestica, religious bias, Muslim workers' varied prayer beliefs, accommodation requests lack commonality, class certification denied (D. Minn.), 836 Cequent Towing Prods., agency fees renewals, USW annual filing requirement no breach of fair representation duty (NLRB ALJ), 1134 CNH America, retirees have vested right to free lifetime health care benefits, but scope, extent may be altered (6th Cir.), 1063 Craftmatic, race bias, independent contractor fired after arguing with hiring recruiter may sue under §1981 (3d Cir.), 1256 Deere, ERISA, no fiduciary duty to disclose revenue sharing between service providers to participants in separate 401(k) plans (7th Cir.), 262; bid for full panel rehearing denied (7th Cir.), 915 Durable Mfg., labor certifications, expiration, DOL rule mandating use in support of visa petition within 180 days upheld (7th Cir.), 1176 Eastman Kodak, ERISA, attorneys' fees paid out of undistributed vested benefits violates anti-alienation provision, injunction based on common fund doctrine reversed (2d Cir.), 327 Federal-Mogul, jury duty firing, Ala. claim revived, factual dispute on call-in efforts precludes summary judgment (11th Cir.), 1195 GE, last chance pact's prospective waiver of right to sue for bias under Ky. law invalid without arbitration option, retaliation claim revived (6th Cir.), 255 IFCO Sys. N. Am., immigration violations, Houston wooden pallet maker will pay record $20.7M to resolve ICE criminal hiring investigation, 20 Intl. Comfort Prods., multiemployer plan, withdrawal liability statutory (6th Cir.), 1452 Intl. Game Tech., SOX retaliation claims revived for in-house attorneys fired after identifying potential fraud on shareholders, attorney-client privilege no bar (9th Cir.), 1159 Kirby Risk, ADA, pre-2009 claim evaluated under pre-ADAAA rulings (N.D. Ind.), 1389 Marley Tooling Tower, ERISA, erroneous statement of credited years of service no material misrepresentation when presented as estimate subject to review (E.D.N.Y.), 637 Mohawk Industries
Attorney-client privilege, waiver, appealability of discovery order (U.S., oral arg), 1347
Witness intimidation, whistleblower fired for refusing to recant illegal hiring allegations, motion to compel discovery upheld (U.S., rev grant), 161 Oneida, pensions, termination premiums payable to PBGC not claims dischargeable in bankruptcy (2d Cir.), 548 OSHA Site-Specific Targeting, manufacturing plants targeted for 2009 inspections, 1267 PCC Flow Techs. Holdings agent of publicly-held company, liable under SOX, but executive failed to link firing to protected activity (DOL ARB), 1272 Procter & Gamble, sexual harassment, retaliation, team leaders not management-level employees, knowledge of bias not imputed to firm (3d Cir.), 797 Ramsey Winch, firearms in locked vehicles, OSH Act general duty clause does not preempt amendments to Okla. laws banning guns in workplace, injunction reversed (10th Cir.), 286 Saint-Gobain Performance Plastics, FLSA retaliation, written complaint required, oral reports of time clock irregularities not protected (7th Cir.), 907; rehearing denied (7th Cir.), 1413 Sharp Elecs., ADEA, OWBPA, former budget manager's severance accord not knowing and voluntary waiver, claim proceeds (D.N.J.), 873 TaylorMade-Adidas, pension contributions, advertising agency, not client, is liable to SAG for pro golfer's TV commercials (9th Cir.), 1033 Thermo King de Puerto Rico, ADEA, indirect evidence, use of McDonnell Douglas burden-shifting framework (1st Cir.), 1411 Tractor Supply, lack of whistleblowing element no bar to common-law retaliatory discharge claim (Tenn. Ct. App.), 326 Unilever, FMLA retaliation, arbitration not expressly required in USW pact, and prior award upholding termination does not preclude litigation (N.D. Ill.), 963 Vacuform Indus., FMLA eligibility, where legality of layoff not resolved, worker returned to work under ULP settlement cannot claim layoff time as hours of service (S.D Ohio), 275 W. Va., industrial accident reporting rule adopted, In Brief, 823 Whirlpool, race bias, retaliation, whites who objected to anti-black slurs against co-workers failed to show requisite harassment against themselves, claims rejected (6th Cir.), 313 Windsor Republic Doors, ADA retaliation, compensatory damages available, $30K award upheld (W.D. Tenn.), 993 Wise Business Forms, sex bias, gender stereotyping claim revived for gay machine operator, but religious bias properly rejected (3d Cir.), 1223
Alacatraz Cruises, prevailing wages, SCA covers ferry operating under concession contract with Natl. Park Service, operator's exemption claim rejected (DOL ARB), 204
American Samoa, foreign workers, DHS rules non-security maritime workers exempt from Transportation Worker Identification Credential (TWIC), 474 Atlantic Sounding, punitive damages available under general maritime law for willful or arbitrary failure to pay maintenance and cure (U.S., oral arg), 332; affirmed (U.S., aff), 867; text, 887 Drug testing, return-to-work and follow-up, DOT observed urination rule for safety-sensitive jobs upheld (D.C. Cir.), 707; DOT reinstates rule (D.C. Cir.), 1065 Natl. Steel and Shipbuilding, LHWCA, psychological injury from personnel action, compensability (9th Cir.), 1396 Ports of Los Angeles, Long Beach clean-trucks program barring independent contractor drivers likely unconstitutional, preempted (9th Cir.), 433 Royal Caribbean Cruise Lines, wage and hour, individual contracts, bargaining pact not FAA-exempt seamen's employment contracts, arbitration clauses properly enforced (U.S., rev den), 885 Stolt-Nielsen, antitrust, arbitration of class claims allowable even where not expressly mentioned in shipping contract provisions (U.S., rev grant), 849 Waterfront Servs., fraudulent inducement claim reinstated, ERISA no bar where tugboat operator not challenging management or operation of ESOP (Ill. Ct. App.), 774
Baltimore County, ADEA, higher pension contributions from older new hires based on economic, not age-based, factors, upheld (D. Md.), 149
Child care, home-based contractors pact, governor signs, 1431 Free speech, Baltimore police officer's unauthorized memo referenced matter of public concern, press leak not part of job duties, retaliatory firing claim revived (4th Cir.), 513 Labor legislation, 2008, DOL reports, 236 Mandatory arbitration of wage claims enforceable where pact easily readable by non-native English speakers who could speak, read, and write English (D. Md.), 1024 Pay equity, statutes of limitations, Md. Lilly Ledbetter Civil Rights Restoration Act enacted, parallels federal law, 558 State actions summary, 89; 163; 294; 367; 445; 529; 586; 783; 1071; 1275; 1303; 1371 Union dues, state workers can negotiate for mandatory nonmember service fees under newly enacted law, 686 Workplace Fraud Act penalizes construction, landscaping industries to penalties for independent contractor misclassifications, enacted, 686
Drug testing, return-to-work and follow-up, DOT observed urination rule for safety-sensitive jobs upheld (D.C. Cir.), 707; DOT reinstates rule (D.C. Cir.), 1065
Southeastern Pa. Transp. Auth., off-the-clock work, SEPTA not exempt arm of state, 11th Amend. no bar to bus driver's FLSA collective action (U.S., rev den), 779
American Airlines skycaps, $2 per bag service charge, state law barring employers from keeping tips also applies to contractors (Mass.), 1089
Assault of motorist, public policy bars arbitrator's reinstatement of out-of-line police officer (Mass. App. Ct.), 801 DOC, state prison guard fired for close relationship with former inmate has no claim, specific approval requirement safeguards prison security interest (1st Cir.), 354 Disability bias, jury verdict for trucker fired after diagnosis of paranoid schizophrenia vacated, improperly based on claims outside pleadings (Mass.), 573 Independent contractor misclassification, exotic dancers employees entitled to minimum wage, overtime (Mass. Super. Ct.), 1189 Mandatory arbitration enforceable against state law bias claims only where expressly mentioned in accord, sex bias, retaliation claims go to trial (Mass.), 1090 Nonvested stock options not wages under state law, forfeiture by Citigroup Capital Accumulation Plan lawful (Mass.), 193 Same-sex marriage, state law developments, attorneys discuss benefits impact, tax status consequences, other pitfalls, 612 Sex bias, retaliation, front pay, punitive damages (Mass.), 1390 State actions summary, 367; 445; 529; 586; 645; 783; 1071; 1371 Vacation pay due as part of earned wages, denial illegal despite company policy excluding from earned benefits (Mass.), 834
Prevailing wages, SCA covers ferry operating under concession contract with Natl. Park Service, operator's exemption claim rejected (DOL ARB), 204
Tyson Foods, overtime, clothes changing, meal and rest breaks, collective FLSA, Kansas claims advance (D. Kan.), 278
Baxter Healthcare, race bias, mixed motive claimant properly granted summary judgment upon showing that race was a motivating factor for adverse action (U.S., rev den), 714
Invivo, religious bias rejected, engineer who alternated 3 different identities in work communications fired for legitimate business reasons (7th Cir.), 429
MetWest, needlesticks, citation for violating OSHA ban on reusable blood tube holders upheld (D.C. Cir.), 515
Privacy Act, VA physician lawfully disclosed claimant's HIV status, marijuana use to union representative, personal knowledge key factor (U.S., rev den), 129
Punitive damages available under general maritime law for willful or arbitrary failure to pay maintenance and cure (U.S., oral arg), 332; affirmed (U.S., aff), 867; text, 887
Royal Caribbean Cruises, hired dancer injured before sailing not a protected seaman because ship had not yet embarked (5th Cir.), 1254
Absence of vote preceding merger of IATSE locals no basis for withdrawal of recognition, bargaining order upheld (D.C. Cir.), 47
Metalcraft of Mayville, direct threats, public policy challenge to arbitrator's reinstatement order frivolous where no real threat (E.D. Wis.), 144
Age, reverse bias, severance denial, LMRA bars claims requiring interpretation of UAW pact, plant closing accord (6th Cir.), 11
Insurance law barring discretionary clauses aimed at insurers, substantially affects risk-pooling, no ERISA preemption (6th Cir.), 435 Labor legislation, 2008, DOL reports, 236 Race bias, biracial candidate rejected for Urban League CEO position failed to show board chair's not black enough comments, attitude influenced other voters (E.D. Mich.), 575 Sex bias, promotions, police officer's superior qualifications suggest pretext, claim revived (6th Cir.), 1288 Sexual harassment, fire marshal's actions, remarks to dispatcher offensive, but not severe or pervasive enough for hostile environment (6th Cir.), 430 State actions summary, 367; 645; 1011; 1303; 1371 Unemployment insurance, benefits extension enacted, 558 Whistleblowing, questioning insurance agency's compliance with state overtime law was protected activity, fired accountant may sue (Mich. Ct. App.), 1031
Dairy workers seasonal because business slows in summer months, FLSA, Cal. wage, breaks claims advance (E.D. Cal.), 345
DOL ARB decisions, briefly, 1119
Budget FY2009, omnibus spending bill
Conveyor belts, belt air, heat sensors, MSHA final rule sets new requirements, summary, 52 DOL semiannual regulatory agenda, 675 Refuge alternatives, final rule requires life-sustaining environment in coal mines, summary, 52 Rescue teams rule, portions conflicting with New MINER Act overturned in UMWA challenge ruling, summary (D.C. Cir.), 232 Risk assessment, DOL to scrap Bush-era secret rule lowering standards, 1235 Settlement conferences with mine owners to be delayed until after civil penalties proposed and operator responds, 518
Local 8843, Mammoth Coal ULPs (NLRB), 1355
Rescue teams, portions of MSHA final rule conflicting with New MINER Act overturned in UMWA challenge ruling, summary (D.C. Cir.), 232
Barback is tipped employee similar to busboy, FLSA tip credit applies, Wage and Hour Op. Letter, 399; text, 410
Baseless counterclaims accusing ex-housekeeper of child abuse unlawful retaliation under FLSA (S.D. Fla.), 1022 Bush-era FLSA opinion letters, DOL releases 40, withdraws 20, 345 Business or company pilots, position of non-enforcement reaffirmed, Wage and Hour Op. Letter, 403; text, 407 City convention manager exercising discretion, judgment is exempt administrative employee, Wage and Hour Op. Letter, 401; text, 405 Colo., negative inflation rate could cause 3-cent drop, official explains, 1243 Federal rate goes to $7.25 per hour July 24, effects on states summarized, 1037 Flight attendant trainees not employees under 6-part test, airline need not pay FLSA wages during in-flight program, displacement key factor (W.D. Wash.), 276 FLSA compliance spotlighted by aggressive plaintiff's bar, proactive Solis, management attorney offers tips, 978 H-2A, H-2B visa programs, FLSA may require relocation reimbursement, ETA withdraws Bush era interpretation, 474 Hotel not required under FLSA to pay recruitment, travel, visa expenses of temporary H-2B guest workers hired after Katrina (5th Cir.), 250 Landscaping firm qualifies as employer under FLSA, RICO, fired workers seeking class status may sue (C.D. Cal.), 540 Mass., independent contractor misclassification, exotic dancers employees entitled to minimum rate (Mass. Super. Ct.), 1189 Mont., exotic dancers misclassified as independent contractors, lounge owes back pay, penalties, reimbursement of stage fees (Mont.), 735 MSPA, dairy workers seasonal because business slows in summer months, FLSA, Cal. wage, breaks claims advance (E.D. Cal.), 345 N.M. law allows treble damages for violations, 558 Nonprofit child-care institution not a FLSA-covered enterprise despite payroll link to employee leasing firm, Wage and Hour Op. Letter, 399; text, 415 Pa. minimum wage violations governed by workweek standard, not per-hour rule, FedEx couriers' claims rejected (M.D. Pa.), 10 Pizza delivery drivers not required to arbitrate class claims, pact, waiver unenforceable (Cal. Ct. App.), 427 Pleading, plaintiffs using pseudonym 4 Exotic Dancers must reveal names to sue under FLSA, Cal. law (C.D. Cal.), 192 Recreation exemption
Catering firm and recreational establishment not single establishment despite exclusive service contract, employees not FLSA-exempt, Wage and Hour Op. Letter, 402; text, 409
Town beach open less than 7 months in calendar year is recreational establishment, seasonal lifeguards exempt under FLSA, Wage and Hour Op. Letter, 402; text, 406
Forced vacation leave during temporary plant shutdown has no effect on salaried workers' FLSA-exempt status as long as guaranteed salaries met, Wage and Hour Op. Letter, 362; text, 373
Paid time off, use of leave bank, substitution of leave without salary change preserves FLSA-exempt status, Wage and Hour Op. Letter, 397; text, 414 Voluntary or mandatory time off, FLSA-exempt status may be lost if salary deductions taken for reduced hours during downturn, Wage and Hour Op. Letter, 397; text, 411 School district's occupational therapy assistants not FLSA-exempt professionals despite training, certification, Wage and Hour Op. Letter, 56; text, 58 State labor legislation, 2008, DOL reports, 236
Coal dust exposure, MSHA proposes rule for approving monitoring devices, 123
Conveyor belts, belt air, heat sensors, MSHA final rule sets new requirements, summary, 52 Massey Energy, Mammoth Coal ULPs (NLRB), 1355 MSHA settlement conferences to be delayed until after civil penalties proposed and operator responds, 518 Refuge alternatives, MSHA final rule requires life-sustaining environment in coal mines, summary, 52 Rescue teams, portions of MSHA final rule conflicting with New MINER Act overturned in UMWA challenge ruling, summary (D.C. Cir.), 232
Disability bias claim also stated firing occurred to avoid paying pension benefits, triggering ERISA preemption (8th Cir.), 773
Drug testing, legal substances, NFL players suspended for taking banned diuretic may pursue statutory claims, but LMRA preempts tort claims (8th Cir.), 1249 Labor legislation, 2008, DOL reports, 236 Off-the-clock work, Wal-Mart, class settlement of $54.25M, civil penalty approved (Minn. Dist. Ct.), 800 Sex bias, retaliation complaint no shield against corrections officer's discipline for prior insubordination, claim fails (U.S., rev den), 131 State actions summary, 367; 445; 529; 586; 645; 925; 1275 Whistleblowing, good faith belief lacking, failure to claim illegality in initial fraud report dooms fired sales manager's claim (8th Cir.), 878
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, OSHA inspections trigger citations, 976
Labor legislation, 2008, DOL reports, 236 State actions summary, 89; 367; 586; 783; 1149; 1303; 1371
Labor legislation, 2008, DOL reports, 236
Pay equity, sex bias, salary differential of over $20K for male manager not satisfactorily explained (8th Cir.), 698 Sexual harassment, retaliation, individual liability supported under state law, contributing factor test, MHRA claim revived (Mo.), 319 State actions summary, 25; 163; 294; 783; 851; 1071; 1206; 1433 Undocumented workers, hiring penalties, state law prohibits fines, but ordinance mandating loss of business permit, city contract or grant lawful (8th Cir.), 811
Disability bias, barrier removal claim revived, floor modifications to aid in use of service dog may be required accommodation under state, federal law (Mont.), 910
Disability bias, federal trial court had diversity jurisdiction to conduct on-the-record review of state agency ruling (9th Cir.), 1025 ERISA plans, discretionary clauses, prohibition (9th Cir.), 1456 Independent contractor misclassifications, FedEx, 1431 Labor legislation, 2008, DOL reports, 236 Minimum wage, exotic dancers misclassified as independent contractors, lounge owes back pay, penalties, reimbursement of stage fees (Mont.), 735 State actions summary, 25; 163; 294; 445; 586; 851; 1011; 1206
New Day Fin., overtime, meal breaks, mortgage account executives not required to arbitrate FLSA collective action claims, mandatory clause, waiver unenforceable (E.D. Pa.), 1190
Wells Fargo Home Mortgage, overtime, consultants' Cal. class certification overturned, predominance inquiry faulted (9th Cir.), 988
Employer, withdrawal liability statutory or contractual, circuits split (6th Cir.), 1452
Central States, SE & SW Area Pension Fund, withdrawal liability statutory (6th Cir.), 1452
Central States, Southeast & Southwest Areas Pension Fund
Employers lawfully expelled for violating adverse selection rule, replacing employees with independent contractors (8th Cir.), 232; 1198
ERISA, fiduciary breach, termination under adverse selection rule, delivery drivers claims proceed against Fund with leave for additional discovery (D. Minn.), 232 ERISA
Section 502(c)(8), underfunding, DOL proposes civil penalties rule, 1302
Withdrawal liability, IUOE, indemnification, hold harmless agreement enforceable, no public policy violation (3d Cir.), 1263 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
