Workplace Law Report Index-Summary

MACHINISTS (IAM)

– Northwest Airlines, ERISA, IAM contract employees lack standing to sue for breach of ALPA pilots plan, RLA requires arbitration where plan at issue maintained pursuant to CBA (8th Cir.), 298

MAINE

– Child care, SEIU bargaining authorization enacted, 642
– Human Rights Act, disability-related safety risk is affirmative defense to be proved by employer (1st Cir.), 373
– Minimum wage hike enacted, In Brief, 581
– State actions summary, 229; 384; 703; 1066

MANAGEMENT RIGHTS

– Mail Contractors of Am. (MCA), no ULP in unilateral shift of transportation “relay point” following impasse, during strike (D.C. Cir.), 188

MANDATORY ARBITRATION

– Accountant kidnapped and tortured while working abroad does not have to arbitrate tort claims, employer's motion for summary judgment was waiver (D.C. Cir.), 534
– Arbitration Fairness Act

See LEGISLATION, FEDERAL, HR 3010, S 1782

– “Arising under or related to,” arbitration required where bias claims reference partnership agreement evidencing broad intent to arbitrate (6th Cir.), 937
– Aurora Loan Servs., clause in small print on back of job application form unconscionable, wrongful firing suit may proceed (Cal. Ct. App.), 121
– Bank of America, subsidiary's accord applies to claims against hiring bank where execution contemporaneous, same subject matter, and employment contract referenced (Nev.), 724
– Civil Rights Act of 2008

See LEGISLATION, FEDERAL, HR 2159

– Enforceability, accord signed by employee who could not read English valid absent fraud, contract law controls (3d Cir.), 1211
– ERISA, RLA requires arbitration of fiduciary breach claims where plan at issue maintained pursuant to CBA (8th Cir.), 298
– FAA

See FEDERAL ARBITRATION ACT (FAA)

– FCA, employment pact makes arbitration mandatory for drivers fired after complaining about security, maintenance of Iraq supply trucks (4th Cir.), 721
– FLSA collective actions, waiver of opt-in requirement valid, opt-out class arbitration may proceed (4th Cir.), 150; (U.S., rev den), 1347
– Negligent hiring and supervision, alleged sexual assault by restaurant manager outside scope of pact, teen server's rape claims revived (U.S., rev den), 417
– Open Door pact enforceable under Ga. law, federal race and age bias, retaliation claims must be arbitrated (11th Cir.), 1372
– Overtime, Cal. statutory right to sue for overtime unwaivable, class action ban unenforceable where significantly more effective in vindicating rights (U.S., rev den), 470
– Predispute accords, fairness, call for legislation debated before House panel, 222
– Right to file claims with state and federal agencies not abridged, Ralphs Grocery to clarify program under settlement with EEOC (N.D. Ill.), 723
– Sex bias, pay and promotions, arbitrator to decide threshhold procedural issues in pattern or practice class action (S.D.N.Y.), 1028
– Sexual harassment, pact valid, Iraq defense contractor's worker may not sue over “sexually lawless environment” (S.D. Texas), 190
– SOX whistleblower must arbitrate retaliation claim, no inherent policy conflict (2d Cir.), 1340
– Supreme Court labor docket, oral arguments heard in two cases, pending in four others as 2008-2009 term opens, 1329
– Unconscionability ruling reversed, but lawsuit over rights to employee's trading model could have been waiver if prejudicial, remanded (3d Cir.), 527
– Ventura Urgent Care Ctr. Med. Grp., wrongful termination, enforcement of expired agreement denied (Cal. Ct. App.), 503

MANDATORY RETIREMENT

– Age bias, public safety workers retirement distinct from discharge, city firefighters have no due process claims based on CBA's just cause provision (U.S., rev den), 58

MANUFACTURING

– Accutool Machine, worker fired for napping during meal period properly denied UI benefits (Pa. Commw. Ct.), 961
– Action, ERISA, interference with benefits, misconduct pretextual basis for firing after notice of shoulder surgery, claim revived (8th Cir.), 505
– AmSan, ADEA, sales manager fired at 62 for harassment complaints, insubordination, confidentiality breach, not age bias (4th Cir.), 906
– Birken Mfg., AIR-21, machinist's retaliatory firing claim remanded for re-evaluation of firm's defense (DOL ARB), 1170
– Caterpillar, ERISA, NLRA, third party claim that UAW was partly liable for unlawful retiree health benefits cuts rejected (M.D. Texas), 668
– Caterpillar, sex bias, retaliation claims rejected, business judgment triggered firing over phone and internet use (7th Cir.), 122
– Crown Cork & Seal, ADA, regarded as disabled claim revived for electrician demoted due to alleged safety risk (10th Cir.), 772
– Ellis, FMLA, timely medical note wins liability verdict for engineer, but inability to return to work, failure to mitigate nixes damages, fees (7th Cir.), 1271
– Ermco Components, prison record deception on job application is question for jury, retaliation claim proceeds for welder fired after filing for workers' compensation (W.D. Tenn.), 465
– Forestwood, religious bias, tapes documenting that rehire conditioned on rejoining FLDS church admissible despite family ties, claim revived (10th Cir.), 687
– Gates, ADA, essential job functions, factory worker unable to work overtime not qualified, not regarded as disabled (8th Cir.), 999
– Gillette, ERISA, estimating pension benefits a ministerial, not fiduciary, task, inaccurate statements no fiduciary breach (1st Cir.), 570
– Johnson & Johnson, race bias, appeal of denial of class certification untimely (3d Cir.), 601
– Kamco Indus., FMLA notice, failure to inform employer of need for extended maternity leave voids firing claim (N.D. Ohio), 597
– Mattel, judicial review under FAA, specified grounds for vacating or modifying ruling are exclusive, may not be expanded by agreement of parties (U.S., vac and rem), 448
– Motor home manufacturer's purchasing agents subject to overtime administrative exemption due to latitude in dealings with vendors, Wage and Hour Op. Letter, 509; text, 520
– Mutual Indus., ADEA, “counseled” EEOC charge subject to same standard as pro-se filing, customer service applicant's claim sufficient, revived (3d Cir.), 800
– Narricot Indus., ULPs, NLRA violations occurred after union had lost majority support, injunction denied (E.D. Va.), 1058
– Natl. Sales and Supply, gender stereotyping rejected, female receptionist's task of getting coffee for supervisors not sex bias per se (E.D. Pa.), 797
– Newell Operating, declaratory judgment action properly rejected where filed to avoid Mich. trial, not enforce plan provisions or ERISA (7th Cir.), 970
– North American Pipe, one-time stock gift to union workers not mandatory subject for bargaining (2d Cir.), 1375
– Owens Corning, ERISA fiduciary breach, post-bankruptcy claims alleging imprudent investment in company stock timely filed (N.D. Ohio), 474
– Phoenix Specialty Mfg., ADA, discharged shipping supervisor regarded as disabled, award upheld (4th Cir.), 153
– Raybestos Prods., second job violated PACE pact, performance during FMLA leave violated intended use, firing upheld based on employer's honest belief (7th Cir.), 1023
– Saint-Gobain Performance Plastics, retaliation rejected, informal time clock complaints covered by FLSA only if written and “filed” with employer (W.D. Wis.), 901
– Solar Group, material handler fired for poor performance fails to rebut or tie supervisor's tricycle chase to race bias (S.D. Miss.), 1306
– Solo Cup, EPA, wage difference justified by college-educated male's computer skills, even if not required for position (7th Cir.), 287
– Universal Indus. Sales, 50 workers detained in planned ICE raid, firm, HR director indicted for harboring (D. Utah), 219
– Wady Indus., wrongful discharge, employee fired for summoning police to enforce protective order against co-worker may sue (N.D. Iowa), 632
– Zeidler Tool and Die, layoff of shop manager immediately after he filed ADEA claim could establish prima facie retaliation case (6th Cir.), 185

MARITIME INDUSTRY

– Alter Barge Line, retaliatory discharge, Ill. tort claim viable for deckhand who reported crew's illegal drug use after he was fired (7th Cir.), 119
– Am. Maritime Officers (AMO) Union, ERISA preempts retaliatory firing claim by fund official who reported embezzlement, but not claim of union interference (Fla. Dist. Ct. App.), 607
– Celebrity Cruises, stateroom attendant must arbitrate wage claim despite Seaman's Wage Act access to federal courts (U.S., rev den), 96
– Northeast Auto-Marine Terminal, no legal basis to bar ILA picketing facility slated for shutdown, but protest at executive's home enjoined (D.N.J.), 1002
– Norwegian Cruise Line (NCL), religious and national origin bias, EEOC may sue employer over fired crew members, but not holding company (D. Haw.), 247
– Personal protective equipment (PPE), training, employers required to provide under OSHA proposed rule, 1168
– Return-to-work and follow-up drug testing, DOT rule expands use of observed urination for safety-sensitive positions, 1036; rule delayed, 1195
– Security, Transportation Worker Identification Credential (TWIC) program rollout fairly smooth, House panel told, 127
– Wash. State Ferries, free speech, engineer not required to report management corruption as part of job duties, speech protected under 1st Amend. (9th Cir.), 84
– World Yacht, cruise boat operator who includes gratuities in ticket price must share banquet and meal service charges with wait staff (N.Y.), 244

MARRIAGE

– Immigrant's marriage to U.S. citizen, adjustment of status properly denied for submitting fraudulent I-9 form (8th Cir.), 412
– Same-sex union recognizable, denial of spousal health benefits to couple validly married in Canada constitutes sexual orientation bias under N.Y. law (N.Y. App. Div.), 192

MARYLAND

– Domestic workers, Montgomery County to enact law requiring written contracts, 1040
– Extortion verdict unjustified, bogus threat to sue employer not a crime under state law (Md.), 767
– State actions summary, 102; 229; 319; 384; 451; 514; 582; 644; 783; 948; 1011; 1066; 1200; 1232; 1414

MASS TRANSIT

– Laidlaw Transit Servs., public policy protects domestic violence victims from leave-related discharge (Wash.), 1402
– Mass. Bay Transp. Auth., religious bias, failure to hire without attempt to accommodate Sabbath observance unlawful (Mass.), 47
– Return-to-work and follow-up drug testing, DOT rule expands use of observed urination for safety-sensitive positions, 1036; rule delayed, 1195

MASSACHUSETTS

– Big Dig, nonunion steel erectors' antitrust, LMRA challenge to IW job targeting fund revived (1st. Cir.), 1089
– Independent contractors, state task force cracks down on wage, labor violations, 419
– National origin bias, English fluency test unevenly administered, foreign-born teachers properly reinstated with back pay (Mass. App. Ct.), 1334
– Religious bias, Sabbath observance not undue hardship, failure to hire without attempt to accommodate unlawful (Mass.), 47
– Sexual harassment, retaliation, claim revived for secretary transferred after objecting to town administrator staring (1st Cir.), 212
– State actions summary, 229; 582; 703; 1011
– Tips, American Airlines $2 per bag service charge deprived skycaps, jury awards $325K for state law violation (D. Mass.), 494; carrier bans tips for skycaps at Boston's Logan Airport, 642
– UI tax rates frozen at 2007 level with repeal of scheduled hike, In Brief, 302
– Wage law violations, bill allowing treble damages without willful misconduct requirement becomes law despite governor's failure to sign, 550

MATERNITY LEAVE

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

MEATPACKING

– Agriprocessors

– – Iowa supervisors arrested on criminal, fraud charges following ICE raid (N.D. Iowa), 971
– – Undocumented workers “employees” under NLRA despite IRCA violations, bargaining order upheld (D.C. Cir.), 48
– – Wage and hour violations, Iowa fines firm nearly $10.3M, orders $250K in back pay, 1429

– Hagemann Meat, claim revived for plant manager fired after complaining about impact of owner's meth-addicted son on plant safety certification (Cal. Ct. App.), 297
– Sara Lee, donning and doffing, pay properly denied where principal activity not established, good faith reliance on DOL opinions valid defense (10th Cir.), 1304
– Smithfield Foods, UFCW, allies must defend RICO charges of extortion in Tar Heel, N.C. recognition campaign, dismissal bid rejected (E.D. Va.), 775; extortion claim advances (E.D. Va.), 1399; suit settled, parties agree to election using “fair process” (E.D. Va.), 1433
– Tyson Foods, donning and doffing, appeal of denial of summary judgment premature, injunction not modified (10th Cir.), 1084
– Tyson Foods, overtime, Ind. pork plant workers seek back pay for post-shift line work, time spent donning, doffing, cleaning equipment (N.D. Ind.), 624

MEDICAL TECHNOLOGY

– Syncor Intl., ERISA fiduciary breach, summary judgment favoring plan sponsor improperly entered after court notified of class accord (9th Cir.), 250

MEDICAL TESTING

– Ohio tort claims for nondisclosure of lung test results remanded on jurisdictional grounds, no pact interpretation required (6th Cir.), 683

MEDICARE

– ADEA, EEOC exemption allowing employer plans to coordinate retiree health benefits with Medicare upheld (U.S., rev den), 449
– FCA claim revived for hospital nurse fired after protesting possible Medicare fraud, “vague” retaliation complaint improperly dismissed (9th Cir.), 472
– Retiree health benefits, ADEA exemption tied to Medicare eligibility, EEOC issues final rule, 24

MENTAL HEALTH

– Federal worker's “mental incapacity” not severe enough to toll 45-day window for EEO counseling, 3-year lapse unjustified (8th Cir.), 339
– Jobs, Energy, Families, and Disaster Relief Act

See LEGISLATION, FEDERAL, S 3335

– Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act

See LEGISLATION, FEDERAL, HR 6983

– Paul Wellstone Mental Health and Addiction Equity Act, HR 1424, Kennedy (D-RI) and Ramstad (R-Minn), to require parity in the provision of mental health and substance-related disorder benefits under group health plans, House passes parity bill, including provisions banning genetic bias, Bush SAP reviewed, 347; lawmakers offer compromise of House, Senate bills, 413; bipartisan Senate group urges leadership to compromise on “landmark” legislation, 443; Kennedy (D-RI) praises parity compromise offered by Senators, says agreement likely, 478; House will present counteroffer to Senate proposal, 572; House and Senate reach accord on parity policy, funding remains open issue, 913; Emergency Economic Stabilization Act, attached as rider to House-passed mental health parity bill, revamped alternative to rejected federal bailout package, 1319; parity measure enacted as part of financial rescue signed by Bush, overview, 1342
– Renewable Energy and Job Creation Act

See LEGISLATION, FEDERAL, HR 6049

MERIT SYSTEMS PROTECTION BOARD (MSPB)

– WPA, incorrect standard employed, Park Police chief's budget critiques to press protected if linked to public safety, remanded (Fed. Cir.), 249

METALS INDUSTRY

– OSHA inspections, seven industries added, 299

MEXICO

– Braceros Social Relief Fund, government will pay $14.5M to settle wage claims of guestworkers on U.S. farms, railroads during W.W. II (N.D. Cal.), 1379
– NAFTA cross-border trucking program

See NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)

MICHIGAN

– Apprentices, ERISA does not preempt ratio, equivalency requirements, 1992 injunction lifted (6th Cir.), 1254
– Domestic partners, marriage amendment to state constitution bars same-sex benefits for public employees (Mich.), 655
– Independent contractors, governor's task force to identify, halt misclassifications, 227
– Pregnancy bias, arbitration required where claims reference partnership agreement evidencing broad intent to arbitrate (6th Cir.), 937
– Privacy, cameras hidden in office-locker room, principal not immune from gym teachers' claims (E.D. Mich.), 567
– Sex bias, financial controller fired during maternity leave has no claim, but FMLA interference claim viable (E.D. Mich.), 286
– State actions summary, 229; 582; 644; 783; 948; 1066; 1200
– Unemployment insurance, termination for misreporting pay to state UI agency lawful under ERISA, no pretext shown (W.D. Mich.), 1315
– Workers' compensation, pattern of activity shown, RICO suit alleging scheme to deny benefits reinstated, Mich. law no bar (6th Cir.), 1435

MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT (MSPA)

– Catalano Farms, Paramo labor contractor are joint employers liable for improper meal deductions that brought wages below federal minimum (D.N.J.), 1305
– Farmworkers entitled to pay for time spent waiting for ice to melt on crops (D. Ariz.), 1368
– Minimum wage recordkeeping violations, seasonal farmworkers denied certification for collective or class claims (W.D. Mich.), 8
– T-N-T Farms, Quality Kid Produce, farmworkers charge bean grower with wage, tax violations (S.D. Fla.), 80
– Wage and Hour Div. FY2007 enforcement statistics reviewed, Special Report, 26

MILITARY LEAVE

– FMLA for military families

See LEGISLATION, FEDERAL, HR 1585; LEGISLATION, FEDERAL, HR 4986

– Servicemembers Access to Justice Act

See LEGISLATION, FEDERAL, S 3432

– USERRA

See UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

– Coal mine evacuations, Natl. Mining Ass'n bid for review of final emergency rule rejected (D.C. Cir.), 88
– Crandall Canyon mine cave-in, MSHA proposed fines total $1.85M, 1063
– Diesel particulate matter, final rule will be enforced as written, measurement conversion plans scrapped, 700
– Drug-free workplace programs, MSHA proposed rule would mandate, overview, 1227
– Exposure, risk assessment, lawmakers urge Chao to scrap “secret rule” altering methods, lowering standards, 1036; provision altering 45-year working life deleted, 1227; House hearing, proposal draws criticism, merits debated, 1256
– MINER Act implementation, refuges in underground mines, proposed rule issued, hearings planned, 853
– Rescue teams and equipment, final rules amend standards, 1256
– Rescue teams, final rule includes staggered compliance, more training, overview, 195
– S-MINER Act, OSHA standards-writing staff asked to volunteer on MSHA rules to meet deadlines, 90
– Stickler named as acting head, further recess appointments barred, 54
– Workplace risk assessment

See LEGISLATION, FEDERAL, S 3566

MINE WORKERS (UMW)

– B.A. Mullican Lumber & Mfg., recognition legally withdrawn, statements, letter objective proof of majority-backed ouster (4th Cir.), 1056
– Massey Energy, ULPs, §10(j) authority to initiate, prosecute injunction proceedings lawfully delegated to NLRB general counsel (S.D.W.Va.), 566

MINIMUM WAGE

– Brickman Group, FLSA, travel, other fees charged to H-2B workers reduced wages below minimum (E.D. Pa.), 44
– Car wash industry, N.Y. finds widespread violations, 1173
– Catalano Farms, Paramo labor contractor are joint employers liable for improper meal deductions that brought wages below federal minimum (D.N.J.), 1305
– Conn. hike, legislature overrides governor's veto, 920
– Discovery, FLSA, restaurant delivery personnel need not produce tax returns to show number of work hours (S.D.N.Y.), 463
– Domestic services exemption, home health care agency's challenge to state wage requirement rejected (Pa. Commw. Ct.), 1217
– Fla., requirement of 15-days advance notice prior to lawsuit valid, prior ruling void (S.D. Fla.), 76
– FLSA

– – Breaks, meal and rest, missed time treated as hours worked, pay rules explained, Wage and Hour Op. Letter, 1096; text, 1101
– – Outside sales, sellers of novelties at special store events exempt, Wage and Hour Op. Letter, 1096; text, 1099
– – Portal-to-Portal Act, statutory changes, court rulings trigger DOL proposed rule to align regulations, overview, 1049; comment period extended, In Brief, 1196; unions say DOL should drop proposal, Special Report, 1408
– – Restaurant chain settles DOL charges with $500K in back pay for Colo., Ariz. workers, 1272
– – Service coordinators for medical, social, educational services not exempt learned professionals, Wage and Hour Op. Letter, 1098; text, 1106

– Maine hike enacted, In Brief, 581
– Minn. hike vetoed, In Brief, 702
– Mo., local governments exempt from 2006 hike (Mo. Cir. Ct.), 79
– N.M. law amended to eliminate overtime loophole, In Brief, 164
– N.Y., sweatshops sweep, garment contractor, owners charged with $5M in wage violations, records fraud, 1040
– Oregon, hike announced, tied to CPI, In Brief, 1323
– Pay schedules, FLSA allows 1-week adjustment to school district's bi-weekly pay period for administrative convenience, Wage and Hour Op. Letter, 1065; text, 1075
– Recordkeeping, MSPA, FLSA violations, seasonal farmworkers denied class certification (W.D. Mich.), 8
– Saigon Grill, FLSA, N.Y. wage violations, owners, managers liable for $4.6M award to Chinese immigrant deliverymen (S.D.N.Y.), 1425
– Shift substitutions by public employees excepted from FLSA liability unless additional hours drive hourly rate below minimum wage, Wage and Hour Op. Letter, 509; text, 518
– Shoes requirement for restaurant workers not a “uniform” under FLSA, buying program wage deduction lawful, Wage and Hour Op. Letter, 1064; text, 1073
– T-N-T Farms, Quality Kid Produce, FLSA, farmworkers charge bean grower with pay, tax violations (S.D. Fla.), 80

MINING

– Brinks, ERISA, misstatements about pension calculations no breach where officials not acting in fiduciary capacity (4th Cir.), 87; (U.S., rev den), 855
– Coal mine evacuations, Natl. Mining Ass'n bid for review of MSHA final emergency rule rejected (D.C. Cir.), 88
– Crandall Canyon mine cave-in, MSHA proposed fines total $1.85M, 1063
– Drug-free workplace programs, MSHA proposed rule would mandate, overview, 1227
– Massey Energy

– – Mammoth Coal, refusal to hire UMW members, interim hiring order issued pending ULP ruling, but no bargaining order (S.D.W.Va.), 1221
– – NLRA, §10(j) authority to initiate, prosecute injunction proceedings lawfully delegated to NLRB deputy general counsel (S.D.W.Va.), 566

– Pa., coal mine safety law updated, overview, 985
– Rescue teams and equipment, final rules amend standards, 1256
– Rescue teams, MSHA final rule includes staggered compliance, more training, overview, 195
– Supplemental Mine Improvement and New Emergency Response (S-MINER) Act

See LEGISLATION, FEDERAL, HR 2768

– Yerlington Copper Mine, environmental whistleblower's mine cleanup claims protected under Safe Water Act, award upheld (DOL ARB), 1229

MINNESOTA

– Clothes changing, $1.2M settles poultry workers' class wage claims, preliminarily approved (D. Minn.), 243
– Health insurance tax credits, enacted, In Brief, 815
– Immigration, governor orders state agencies and contractors to use E-Verify for new hires, 2008 legislative package announced, 63
– Minimum wage hike vetoed, In Brief, 702
– Off-the-clock work, breaks violations, Wal-Mart class claimants win $6.5M in compensatory damages (Minn. Dist. Ct.), 927
– State actions summary, 384; 451; 514; 644; 703; 783; 1011; 1066; 1200; 1232; 1291
– Tips

– – Caribou Coffee, nonmanagerial worker seeks class status in suit over forced tip pooling, sharing (Minn. Dist. Ct.), 1155
– – Starbucks, barista seeks class status in suits over forced tip pooling, sharing (D. Minn.), 1155
– – VCG Holding, forced tip pooling, other wage violations, night club workers seek class status (Minn. Dist. Ct.), 1155

– Whistleblowers, former in-house attorney has no retaliation claim, reporting legal violations was job duty (Minn. Ct. App.), 845

MISCONDUCT

– DLA Piper, insubordination justified firing of associate attorney, no race bias motivation (S.D.N.Y.), 209

MISSISSIPPI

– Immigration, governor signs bill mandating use of E-Verify, but expresses concerns, 420
– Miss. Transp. Comm., sexual harassment, intervening transfer sinks continuing violation, supervisor's old conduct time barred, new acts insufficient (S.D. Miss.), 1186
– Negligence in hiring and supervision, teen server's sexual assault claims against restaurant outside scope of mandatory arbitration pact, revived (U.S., rev den), 417
– Retaliatory discharge, claimant fired for reporting illegal acts by co-worker relating to employer's business may sue, but individual liability rejected (Miss.), 1034
– State actions summary, 582; 948
– Wrongful discharge, MSU golf coach's $10K jury verdict reinstated despite evidence he hit student with empty golf bag (Miss. Ct. App.), 1334

MISSOURI

– Age bias, no pretext shown, snack foods sales rep's firing due to poor performance (8th Cir.), 465
– Minimum wage, local governments exempt from 2006 hike (Mo. Cir. Ct.), 79
– Prevailing wages, fraud, St. Louis contractors plead guilty to underpayment on sewer project (E.D. Mo.), 995
– Privacy concerns trigger ban on forced identity chip implants, 984
– State actions summary, 165; 319; 384; 582; 783; 1066; 1232; 1353
– Undocumented workers, governor enacts law mandating verification, penalizing hiring, misclassification, barring public benefits, 984

MONITORING

– Electronic

See ELECTRONIC MONITORING

MONTANA

– State actions summary, 102; 165; 229; 451; 582; 644; 783; 948; 1066; 1353

MOONLIGHTING

– Joint employment, police officers working off-duty hours for separate government entity may not combine hours in regular pay, overtime calculations, Wage and Hour Op. Letter, 353; text, 355

MORTGAGES

– Ace Mortgage Funding, ex-employee who unlawfully altered contents, links, during post-termination control of corporate web site violated anti-cybersquatting laws (S.D. Ind.), 406
– ERISA, “stock drop” 401(k) suits target financial industry in throes of subprime mortgage meltdown, 1284
– Homebound Mortg., overtime, underwriter exempt administrative employee despite quarterly salary adjustments (2d Cir.), 1391

MOTOR VEHICLES

– Personal use of employer vehicle, Portal-to-Portal Act, federal law enforcement officer's commutes in government-owned vehicles not compensable under FLSA (U.S., rev den), 60

MSHA

See MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

MSPA

See MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT (MSPA)