Workplace Law Report Index-Summary

NAFTA

See NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)

NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH (NIOSH)

– Directorship, Howard reappointment denied despite labor, industry support, some cite political “payback,” 974

NATIONAL LABOR RELATIONS ACT (NLRA)

– Decertification petition reinstated, MOU on distribution methods improperly ruled contract bar (NLRB), 1165
– Hot cargo provision, construction industry exception to NLRA ban saves LIUNA CBA (7th Cir.), 341
– Minority-union, members-only bargaining is enforceable right under NLRA, CTW files rulemaking petition with NLRB to clarify, 55
– Racketeering, mail fraud convictions affirmed for former NFOPAPE president and secretary (U.S., rev den), 918
– §10(j) relief

See INJUNCTIONS

– ULPs

See UNFAIR LABOR PRACTICES (ULPs)

– Undocumented workers “employees” under NLRA despite IRCA violations, bargaining order upheld (D.C. Cir.), 48

NATIONAL LABOR RELATIONS BOARD (NLRB)

– Appointments and personnel changes

– – Battista renominated to chair, Walsh and Morales to board, 161
– – Former chairman Battista joins law firm Littler Mendelson, In Brief, 637

– E-issuance pilot program launched, board decisions Aug., ALJ decisions Oct., In Brief, 1036
– E-mail, NLRB rulings get opposing reviews from management, union speakers, Trustees of Columbia University, Guard Publishing decisions analyzed, 303
– Enforcement, §10(j) authority to initiate, prosecute injunction proceedings lawfully delegated to deputy general counsel (S.D.W.Va.), 566
– First-contract charges, “very preliminary” statistics show numbers, merit rates reduced, Meisburg reports, 700
– Minority-union, members-only bargaining is enforceable right under NLRA, CTW files rulemaking petition with NLRB to clarify, 55
– Performance

– – Case handling, intake inventory stable despite 3 vacancies since end of 2007, members comment on performance, outlook, 914
– – FY 2007 outreach efforts, coming attractions outlined in memo, 91

– Performance, FY2008, Board issued 328 decisions, reduced inventory of pending cases despite three vacancies, 1444
– Political activities

– – Discipline charges, guidance pending, 809
– – Political advocacy, NLRB issues guidelines defining activities qualified for NLRA protection, 1031
– – ULP case handling guidance pending, Meisburg reviews 2-part analysis, 304

– Quorum, Board temporarily delegates authority in anticipation of having only two members, 25
– Recent activities, guidance, decisions reviewed by general counsel Meisburg at ABA conference, 1260
– Secondary boycotts

– – ABX, DHL, ALPA violation ruling overturned, NLRB lacked jurisdiction over RLA-governed dispute (9th Cir.), 665
– – Handbilling ban unlawful, mall is public forum, content-based speech prohibitions improper (Cal.), 15; NLRB ruling enforced (D.C. Cir.), 664; (U.S., rev den), 1349

– Technology innovations yield useful resources for labor, EEO cases, NLRB, NMB, EEOC officials explain, 639

NATIONAL MEDIATION BOARD (NMB)

– Personnel, Van de Water to chair for second time, In Brief, 943
– Representation cases, union elections criteria, board proposes procedural changes affecting railroad, airline employees, 1037; NMB withdraws changes, cites concerns, confusion, 1257
– Technology innovations yield useful resources for labor, EEO cases, NLRB, NMB, EEOC officials explain, 639

NATIONAL ORIGIN DISCRIMINATION

– Bellevue Med. Ctr., claimant charging vast conspiracy fails to state Title VII claim (S.D.N.Y.), 1183
– Defense contractor's computer specialist fired after bias complaints failed to show pretext, retaliation (D. Md.), 1153
– English-only rules

– – Fluency test unevenly administered, foreign-born teachers properly reinstated with back pay (Mass. App. Ct.), 1334
– – Senate clears measure shifting funds used to sue employers to program teaching English, civics to immigrants, 413

– Engraving bureau employee fails to show harassment over Afghan origin or travel (D.D.C.), 1311
– Faribault Foods, Work Connection, $1.3M settles related EEOC claims on behalf of Hispanic employees, consent decrees (D. Minn.), 468
– Food City, Hispanic workers' bid for class certification on pay bias claims revived (9th Cir.), 1051
– Harassment, personal liability claim proceeds against NYPD counter-terrorism adviser who sent anti-Muslim e-mails (S.D.N.Y.), 208
– Hiring preferences, time-barred claims against city accrued with notice of rejection, not suspicion of discriminatory intent (9th Cir.), 1156
– Iranian national's claim that failed to allege race bias revived, race, nationality, ethnicity not synonymous under §1981 (7th Cir.), 432
– Jihad queries not stray remarks, highly qualified Yemeni Muslim rejected for telecom job may sue (W.D. Wash.), 436
– Norwegian Cruise Line (NCL), EEOC may sue employer over fired Middle Eastern crew members, but not holding company (D. Haw.), 247
– Russian native rejected for Russian teacher position in favor of another Russian native working as substitute teacher has no claim (E.D. Va.), 495

NATURAL DISASTERS

– Jobs, Energy, Families, and Disaster Relief Act

See LEGISLATION, FEDERAL, S 3335

NEBRASKA

– State actions summary, 644; 858

NEGLIGENCE

– Accountant kidnapped and tortured while working abroad does not have to arbitrate tort claims, hiring firm's motion for summary judgment was waiver (D.C. Cir.), 534
– Asbestos liability, “procedural” nature of Ohio law requiring more threshold evidence than FELA saves it from preemption (U.S., brief sought), 854
– DaimlerChrysler shooting spree case remanded to state court, no LMRA preemption of Ohio tort claims not based on CBA (6th Cir.), 502
– Halliburton, Iraq risks misrepresented, civilian truck drivers' claims, improperly dismissed under political question doctrine, reinstated (5th Cir.), 778
– Hiring and supervision, alleged sexual assault by restaurant manager outside scope of mandatory arbitration pact, teen server's rape claims revived (U.S., rev den), 417
– Ohio tort claims for nondisclosure of lung test results remanded on jurisdictional grounds, no pact interpretation required (6th Cir.), 683
– Retention, racial and sexual harassment, $2M judgment against restaurant employer vacated due to flawed jury instruction (11th Cir.), 403
– Unsafe workplace, injured employee's state law tort claim viable independent of ERISA, no preemption (5th Cir.), 124

NEVADA

– Dealers lacked standing to file tip-pooling challenge, administrative process adequate remedy (Nev.), 1393
– Las Vegas Metro. Police Dept., religious bias, Jewish police officer has right to wear beard, but not yarmulke (D. Nev.), 1160
– State actions summary, 165; 319; 384; 582; 644; 703; 783; 858; 948; 1011; 1291; 1414

NEW HAMPSHIRE

– Overtime, delivery drivers, sales merchandisers covered under new state law, 1040
– State actions summary, 29; 319; 451; 582; 644; 783; 1066; 1200; 1353

NEW JERSEY

– Disability bias, resume fraud does not limit punitive, tort damages for hostile environment (N.J.), 773
– Family leave bill allowing up to 6 weeks with pay passes Senate vote, governor to sign, 549; enacted, 641
– Health care worker protections, workplace violence, patient lifting bills enacted, 100
– Independent contractor misclassifications, governor's advisory panel to address, 164
– OSHA certification required for public utility contracts, 99
– Plant closings, governor enacts law requiring 60 days' prior notice, 64
– Prevailing wages, public utility projects, bill enacted, 99
– Public employees' early retirement incentive program, enacted, In Brief, 921
– Religious practices, accommodation law enacted, 99
– Retirement and health benefits for public employees, cost-saving reforms enacted, In Brief, 1323
– Same-sex harassment, state zero tolerance policy requires firing of female corrections officer who dropped towel in front of recruits in women's locker room (N.J. Sup. Ct. App. Div.), 598
– School district ban on faculty participation in student-initiated prayer valid, coach's constitutional claims rejected (3d Cir.), 606
– Sexual orientation bias, NJLAD firing claims revived based on biased supervisor's participation in, influence on decision (N.J. Sup. Ct., App. Div.), 1159
– State actions summary, 29; 165; 384; 451; 514; 582; 644; 783; 858; 948; 1011; 1066; 1200; 1232

NEW MEXICO

– Albuquerque, attorney who represented city in EEOC mediation protected from retaliatory firing when opposing counsel became mayor (10th Cir.), 1272
– Overtime, Minimum Wage Law amended to eliminate loophole, In Brief, 164
– State actions summary, 451; 703; 1066; 1414

NEW YORK

– Age bias, editor fired at age 62 raises jury issue based on e-mails showing “business reasons” pretext (S.D.N.Y.), 1335
– Business expenses, wage deduction limit applies to executives as well as nonmanagement workers (N.Y.), 796
– Contracts, retaliation, journalist's ethics conflict not protected, nonrenewal no breach even if pretextual (7th Cir.), 1251
– Immigration, state court should rule on subpoenas in probe of N.Y. labor code violations against H-2B workers, remanded (S.D.N.Y.), 1316
– Independent contractor misclassifications statewide number at least 2,000, governor's task force reports on sweeps, 226
– Nurses, mandatory overtime bar enacted, natural disasters exception, 1172
– Picketing, Buffalo Trades Council abandons use of inflatable rat, seeks more cooperative image, 1273
– Saigon Grill, FLSA, N.Y. wage violations, owners, managers liable for $4.6M award to Chinese immigrant deliverymen (S.D.N.Y.), 1425
– Sex bias, retaliation, bank executive properly won verdict, but excessive punitive award reduced under NYC law (S.D.N.Y.), 210
– Sexual orientation bias, same-sex marriage recognizable, N.Y. law bars denial of spousal health benefits to couple validly married in Canada (N.Y. App. Div.), 192
– State actions summary, 319; 1011
– Wage and hour

– – Car wash industry, state finds widespread minimum wage, overtime, breaks violations, 1173
– – Minimum wage, overtime, garment contractor and owners charged in sweatshops sweep with $5M in violations, records fraud, 1040
– – Overtime

– – – Contractor violations, $1.2M, retaliation bar settles state's charges tied to NYC building renovations, 1041
– – – “Minimal burden,” city fire inspectors not entitled to extra pay under FLSA for carrying files while commuting (2d Cir.), 599
– – – Nurses, legislators ban mandatory overtime, enactment expected, 920
– – – NYC juvenile workers' “gap time” under 40-hour threshold, comp time, pay schemes lawful under FLSA (S.D.N.Y.), 660

– – Prevailing wages

– – – ERISA, criminal trial set for attorney who devised fringe benefits fund allowing N.Y. contractors to evade state, federal laws (E.D.N.Y.), 1278
– – – Public works measure covers labor, recordkeeping rules, felony violations, enacted, 301

– – Tips, cruise boat operator who includes gratuities in ticket price must share banquet and meal service charges with wait staff (N.Y.), 244
– – X-Treem Vibe, N.Y. attorney general announces $1.4M settlement with retailer (N.Y. Sup. Ct.), 207

– WARN Act, 90 days' notice required for mass layoff, plant closing, relocation, 1172
– Westchester County, disability harassment, private investigator's report made in anticipation of litigation is privileged work product, disclosure to EEOC no waiver, discovery barred (S.D.N.Y.), 933
– Whistleblower Law, untimely filing of claim under general statute no bar to subsequent claim under Health Care Whistleblower Law (N.Y.), 966
– Workers' compensation, governor enacts bill to regulate group self-insured trusts, 985

NEW YORK STATE NURSE'S ASSOCIATION (NYSNA)

– N.Y. legislators ban mandatory overtime, enactment expected, 920

NEWSPAPER GUILD (TNG-CWA)

– Local 37194, union business, protected activities, publisher's ban on non-job-related e-mail solicitations lawful under NLRA (NLRB), 17; NLRB rulings get opposing reviews from management, union speakers, Columbia University, Guard decisions analyzed, 303; law professors predict reversal of Guard ruling, 638; Meisburg reports on solicitation cases decided since Register-Guard, 692

NEWSPAPERS

– Ampersand Publ'g d/b/a Santa Barbara News-Press, 1st Amend., risk of infringing right to editorial discretion triggers denial of NLRA §10(j) interim injunction (C.D. Cal.), 776
– Chinese Daily News, overtime, breaks violations, reporters' class awarded $5.9M, includes interest, penalties (C.D. Cal.), 333
– Copley Press, day laborers, preliminary injunction barring release of registered employers' personal data upheld, writ denied (Cal. Ct. App.), 23
– Guard Publishing d/b/a/ The Register Guard, protected activities, publisher's ban on union-related e-mail solicitations lawful under NLRA (NLRB), 17; NLRB rulings get opposing reviews from management, union speakers, Columbia University, Guard decisions analyzed, 303; law professors predict reversal of Guard ruling, 638; Meisburg reports on solicitation cases decided since Register-Guard, 692

NLRB

See NATIONAL LABOR RELATIONS BOARD (NLRB)

NMB

See NATIONAL MEDIATION BOARD (NMB)

NONCOMPETE AGREEMENTS

– Chicago Title Ins., ex-employee's noncompete liability affirmed, but $43M in damages insupportable, new trial ordered (U.S., rev den), 138
– Cintas, trial court's power to repair flaws in unenforceable pact discretionary, not mandatory, fees award upheld (7th Cir.), 346
– Enforcement of post-employment restrictions in global economy, U.S. and EU law compared, contrasted, 479
– H&R Block, pacts extending 2-year restrictions if violated void and unenforceable (Wis. Ct. App.), 49
– Packers Supply, transition from sole proprietorship to corporation does not impact employer's standing to sue, enforceable (Tenn. Ct. App.), 569
– Powerhouse Prods., consideration lacking for rocketbelt pilot's promises, stuntman pact unenforceable (Texas Ct. App.), 1166

NONPROFIT ORGANIZATIONS

– Am. Conf. of Governmental Industrial Hygienists (ACGIH), TLVs, DOL use of safety professionals' exposure guidelines lawful (M.D. Ga.), 671
– American Red Cross

– – Cal., association bias broader under FEHA than ADA, job applicant rejected due to friendship with disabled employee may sue (N.D. Cal.), 293
– – FCA, whistleblower could not have reasonably believed noncompliance with consent decree was actual fraud, retaliation claim rejected (D.C. Cir.), 343

– Multi Cmty. Diversified Servs., familial status not a protected classification, invalid basis for fired family's bias claim (10th Cir.), 183
– Salvation Army, FLSA ministerial exception applies to ordained ministers supervising rehabilitation centers (7th Cir.), 331

NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)

– Cross-border trucking

– – DOT extension of program draws Hill opposition, vows of action, 1095
– – Legislation

See LEGISLATION, FEDERAL, HR 6630, S 3261

– – Senate rejects funding for DOT to implement Mexican truck program, 1009

NORTH CAROLINA

– State actions summary, 102; 165; 229; 451; 858; 948; 1011; 1066; 1232; 1291; 1414
– Whistleblowers, administrative settlement no bar to fired highway patrol officer's retaliation suit, revived (N.C. Ct. App.), 1252

NORTH DAKOTA

– State actions summary, 29; 319; 582; 1200

NORTHERN MARIANA ISLANDS (CNMI)

– Northern Mariana Islands Immigration, Security, and Labor Act

See LEGISLATION, FEDERAL, HR 3079, S 2739

NOTICE AND NOTIFICATION

– American Airlines $2 per bag service charge deprived skycaps of tips, jury awards $325K for Mass. law violation (D. Mass.), 494; carrier bans tips for skycaps at Boston's Logan Airport, 642
– Federal sector bias complaints, proposed changes to EEOC case handling rules approved for review by other agencies, 780
– Minimum wage, Fla. requirement of 15-days advance notice prior to lawsuit valid, prior ruling void (S.D. Fla.), 76
– N.Y. WARN Act, 90 days' notice required for mass layoff, plant closing, relocation, 1172
– No-match discrepancies not constructive notice of undocumented status, reinstatement upheld for fired janitors (9th Cir.), 850
– OSH Act bloodborne pathogens standard, nursing home had fair notice that related travel, treatment time compensable, OSHRC reversed (3d Cir.), 1226
– Plant closings

See WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

– Public employees, notice sufficient, discipline lawful for VA pharmacist who had Garrity immunity yet remained silent during investigation of wrongdoing (U.S., rev den), 545

NURSES

– Conscience laws, federal laws bar bias against health care workers with religious or moral objections, comment sought on proposed rule to promote awareness, compliance, 1195; attorneys general in 13 states call on HHS to scrap “right of conscience” rule, 1282; HHS issued rule improperly, without EEOC consultation, Waxman (D-Cal) says, 1443
– FCA claim revived for hospital nurse fired after protesting possible Medicare fraud, “vague” retaliation complaint improperly dismissed (9th Cir.), 472
– Gotham Registry, FLSA, referral service required to pay nurses for overtime even where not authorized (2d Cir.), 145
– INRA

See IMMIGRATION NURSING RELIEF ACT (INRA)

– N.J., workplace violence, patient lifting bills enacted to protect health care workers, 100
– N.Y., legislators ban mandatory overtime, enactment expected, 920
– N.Y., mandatory overtime bar enacted, natural disasters exception, 1172
– NYSNA

See NEW YORK STATE NURSE'S ASSOCIATION (NYSNA)

– Patient Safety and Abuse Prevention Act

See LEGISLATION, FEDERAL, S 1577

– Proctor Hosp., association bias related to escalating treatment costs, ADA claim revived for fired nurse whose husband died of cancer (7th Cir.), 340
– Sutter Health, breaks, overtime violations, dialysis nurses file class action (Cal. Sup. Ct.), 242

NURSING HOMES

– Bayside Care Ctr., UFCW recognition illegally withdrawn without majority support, ordered to recognize, bargain (4th Cir.), 377
– Beverly Healthcare-Hillview, OSHA, notice deemed fair, travel, treatment time related to bloodborne pathogens standard compensable (3d Cir.), 1226
– Extendicare Health Servs., whistleblowing, nursing director's complaints about legal violations not protected, reporting noncompliance part of job duties (8th Cir.), 216
– Healthcare Ass'n of N.Y. (HANYS) supports N.Y. ban on mandatory overtime for nurses, enactment expected, 920
– Kingsbridge Heights Rehabilitation Care Center, §10(j) injunction, bargaining order issued, reinstatement ordered for SEIU1199 strikers (S.D.N.Y.), 1163
– N.J., workplace violence, patient lifting bills enacted to protect health care workers, 100
– Patient Safety and Abuse Prevention Act

See LEGISLATION, FEDERAL, S 1577

NYSNA

See NEW YORK STATE NURSE'S ASSOCIATION (NYSNA)