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INDEX
Vol. 7, Nos. 1-26, pp. 1-898
Jan. 2 - June 26, 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

    RACIAL DISCRIMINATION
      – 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
      – Civil Rights Act of 1866, §1981 does not grant implied right to sue public employer, §1983 of 1871 Act only recourse (3d Cir.), 193
      – Discipline, Latino police officers' contempt claims against NYPD fail where “substantial steps” taken, statistics lacking (2d Cir.), 316
      – Disparate treatment, service tech fired for excessive personal use of company phone lacked comparator evidence (6th Cir.), 570
      – EEO, women, racial minorities still underrepresented, but reasons complex, attorneys say, Earp gauges progress, 526
      – Fair Pay Act
        See LEGISLATION, FEDERAL, HR 2151, S 904
      – Ind., mixed-motive jury instruction allowable based on direct or circumstantial proof of bias (Ind.), 767
      – Mandatory arbitration clause requiring $500 deposit fee from employee to begin process upheld (6th Cir.), 740
      – Mixed motive, summary judgment properly granted to claimant upon showing that race was a motivating factor for adverse action (U.S., rev den), 714
      – Neb., arbitrator's reinstatement of state trooper fired for joining Ku Klux Klan offends public policy against race bias, vacated (Neb.), 325; (U.S., rev den), 886
      – Pattern or practice, EEOC authorized to investigate independent of resolution by parties, subpoena enforceable (7th Cir.), 146
      – Promotions
        – – Equal protection, reverse bias, disparate impact clash, firefighters' test results twice scrapped because too few minorities passed (U.S., rev grant), 67; (oral arg), 565
        – – Failure to timely file charges on denial of training opportunities dooms city worker's claim (7th Cir.), 107
      – Retaliation
        – – Bank employee who signed four separate arbitration agreements must arbitrate state, federal firing claims (S.D.N.Y.), 223
        – – County nurse who resigned due to driving anxiety after car accident lacks race bias, ADA claims (7th Cir.), 598
        – – Failure to exhaust administrative remedies dooms bias claims, but retaliation claim related to filing of earlier complaint revived (4th Cir.), 37
        – – Nurse's aide lawfully fired for providing unredacted patient records to EEOC as proof of bias (U.S., rev den), 333
        – – Participation in certified class action tolls statute of limitations on individual Title VII claims, pay and promotions claims revived for UPS retiree (5th Cir.), 72
        – – VA, claim reinstated for temporary worker denied promised extension or permanent job after filing bias claims (3d Cir.), 388
      – Testing, disparate impact, continuing violation rejected, firefighter applicants' EEOC charge untimely, judgment vacated (U.S., brief invited), 713
    RACIAL HARASSMENT
      – Attorneys, officials address issues raised when perpetrators anonymous or hard to identify, 523
      – Retaliation, whites who objected to anti-black slurs against co-workers failed to show requisite harassment against themselves, claims rejected (6th Cir.), 313
    RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT
      – Cintas suit against UNITE HERE, IBT rejected, “corporate campaign” to coerce neutrality/card check pact not attempted extortion (S.D.N.Y.), 352
      – Immigration status irrelevant to Indian guestworkers' right to sue shipyard alleging visa fraud, forced labor, human trafficking (E.D. La.), 549
      – Intentional hire of illegal workers to drive down wages of legal workers, class certified (E.D. Cal.), 749
      – Landscaping firm qualifies as “employer” under FLSA, RICO, fired workers seeking class status may sue (C.D. Cal.), 540
    RACKETEERING
      – Freedom From Union Violence Act
        See LEGISLATION, FEDERAL, HR 2537
    RAILROADS
      – BNSF Rwy., drug testing, return-to-work and follow-up, DOT observed urination rule for safety-sensitive jobs upheld (D.C. Cir.), 707
      – CSX Transp., 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
      – FRA rulemaking
        – – Hours of work, recordkeeping and reporting requirements, procedures, final rule issued, 748
        – – Rest periods, interruptions barred under proposed interpretation, summary, 883
      – Union Pac. R.R., RLA, due process violated when arbitration panel dismissed grievances for lack of union evidence on conferencing (U.S., rev grant), 291
    RAILWAY LABOR ACT (RLA)
      – Due process violated when arbitration panel dismissed grievances for lack of union evidence on conferencing (U.S., rev grant), 291
      – Federal Aviation Act reauthorization
        See LEGISLATION, FEDERAL, HR 915
      – Ore. wage law class action not preempted, revived, “ordinary,” “complete” preemption distinguished (9th Cir.), 143
      – Rest break policies, flight attendant scheduling issues constitute “minor dispute” under RLA, arbitration required (9th Cir.), 770
    REAL ESTATE
      – Archstone-Smith, SOX, bonus offer linked to confidentiality pledge was adverse action, executive's challenge late-filed, 90-day clock ran from time of offer (10th Cir.), 806
      – Current Development (CDC), ERISA, fiduciary breach, undervaluing real estate created windfall for trustee/participant at expense of other participants (7th Cir.), 357
    RECOGNITION OF UNIONS
      – Absence of vote preceding merger of IATSE locals no basis for employer's withdrawal, bargaining order upheld (D.C. Cir.), 47
      – ADT Security Servs., recognition withdrawn when reassignment combined represented and unrepresented workers, bargaining unit analysis faulty, injunction denied (W.D. Mich.), 705
      – Card check authorization
        – – Cal. Senate clears bill modeled on EFCA creating card check procedures for farmworkers, 615
        – – Employee Free Choice Act (EFCA)
          – – – Alternative proposals emerge with Senate passage uncertain, options analyzed, 677
          – – – American Rights at Work, pro-union group sets up $3M lobbying campaign to push for EFCA approval, 74
          – – – Bill
            See LEGISLATION, FEDERAL, HR 800, S 1041
          – – – Labor secretary, Solis (D-Cal) confirmation hearings dominated by card-check issues, support for EFCA, 123
          – – – Passage promises full employment for attorneys, but bill controversial, outcomes uncertain, conferees warned, 482
          – – – Political, economic realities create climate for labor law overhaul, attorneys agree, need for EFCA debated, 54
          – – – Professor/arbitrator urges substantive, procedural fixes for “pretty sick” NLRA, speakers debate need for reforms, Special Report, 846
          – – – Senator Arlen Specter (Pa) switches from GOP to Democratic party, but reiterates opposition to EFCA, 610
        – – Freightliner, LMRA §302, agreement allowing UAW access to plant workers lacks tangible value required for bribery or extortion (4th Cir.), 13
        – – Hawaii legislature passes card check bill similar to EFCA, veto expected, override possible, 687
        – – Ill. statute requires one form of proof, win upheld for county workers despite failure to submit dues authorizations, access to cards denied (Ill.), 15
        – – RICO, Cintas suit against UNITE HERE, IBT rejected, “corporate campaign” to coerce neutrality/card check pact not attempted extortion (S.D.N.Y.), 352
        – – San Francisco experience touted as progressive blueprint for labor standards, city's reforms, advances discussed, 54
        – – Secret Ballot Protection Act
          See LEGISLATION, FEDERAL, HR 1176, S 478
      – Dean Transp., successor employer cannot install new union, ordered to recognize, bargain with union representing predecessor's employees (D.C. Cir.), 115
      – Majority status presumed, first bargaining session starts clock, withdrawal of recognition during certification year was ULP (9th Cir.), 322
      – RiteAid of Pa., company not bound to arbitrate UFCW organizers' access to newly-acquired nonunion stores (M.D. Pa.), 546
      – ULPs, decertification petition tainted by unlawful employer assistance, order to recognize, bargain justified (NLRB), 197
    RECORDKEEPING
      – Privacy Act, PBGC-17, new system proposed to protect records for law enforcement, 518
    RECRUITING
      – Retaining staff, recruiting new year's focus for four in 10 CEOs, also productivity, morale, 9
    REDUCTIONS IN FORCE (RIFs)
      – First Natl. of Nebraska, ADA, unattainable production quota, failure to rehire employee with voice disorder suggest RIF was pretext, claim revived (8th Cir.), 385
      – Knolls Atomic Power Labs. a/k/a KAPL, ADEA, RFOA affirmative defense waived, waiver not excused, RIFd employees' $4M class award reinstated (N.D.N.Y.), 700
    REHABILITATION ACT
      – Lilly Ledbetter Fair Pay Act
        – – Bill
          See LEGISLATION, FEDERAL, HR 11
        – – Passage promises work for attorneys, but outcomes uncertain, conferees warned, 482
    RELIGIOUS DISCRIMINATION
      – Celestica, Muslin workers' varied prayer beliefs, accommodation requests lack commonality, class certification denied (D. Minn.), 836
      – Engineer who alternated 3 different identities in work communications fired for legitimate business reasons, not bias (7th Cir.), 429
      – 1st Amend., workers fired for exorcism of “demonically oppressed” co-worker's cubicle may have free exercise claim, but not free speech (N.D. Texas), 468
      – Law enforcement, Philadelphia need not allow female Muslim officer to wear head scarf, accommodation undue hardship (3d Cir.), 543
      – Objector to UAW dues, fees under union security clause failed to show adverse action, accommodation violation (6th Cir.), 667
      – Retaliation
        – – Bank employee who signed four separate arbitration agreements must arbitrate state, federal firing claims (S.D.N.Y.), 223
        – – VA, claim reinstated for temporary worker denied promised extension or permanent job after filing bias claims (3d Cir.), 388
    RELIGIOUS FREEDOM RESTORATION ACT (RFRA)
      – DOL guidance clarifies funding exemption for faith-based groups, 53
    RELIGIOUS ORGANIZATIONS
      – Carroll College affiliated with Presbyterian Church, exempt from NLRB jurisdiction, bargaining order not enforceable (D.C. Cir.), 389
      – Non-Minister Religious Worker Visa Program
        See LEGISLATION, FEDERAL, HR 1127
      – RFRA, DOL guidance clarifies funding exemption for faith-based groups, 53
    REPORTING REQUIREMENTS
      – Davis-Bacon construction payroll reports, DOL issues final privacy rule reducing personal data, partial identifier required, 22
      – ERISA, commonly controlled firms with single pension plan, DOL describes methods to identify “employer” in registration statement, 49
      – PBGC, financial/actuarial reporting requirements amended, final rule released, summary, 395
      – Railroads, hours of work, FRA recordkeeping and reporting requirements, procedures, final rule issued, 748
      – W. Va., industrial accident reporting rule adopted, In Brief, 823
    REPRESENTATION ELECTIONS
      – Card check recognition
      – Community Med. Ctr., ULPs trigger new NYSNA election for RNs (NLRB), 804
      – Secret Ballot Protection Act
        See LEGISLATION, FEDERAL, HR 1176, S 478
    RES JUDICATA
      – Full and voluntary participation in grievance arbitration of bias and retaliation claims under union pact precludes subsequent litigation (D. Colo.), 699
      – Sales rep fired for falsifying reports, preclusive effect of administrative ruling bars subsequent challenges alleging bias, pretext (3d Cir.), 541
    RESTAURANTS
    RESTRICTIVE COVENANTS
    RETAIL INDUSTRY
      – Baby Zack's, FLSA overtime law applies to tribal land sundries store that employs nonmembers, engages in interstate commerce, treaty no bar (9th Cir.), 568
      – Dollar General, FMLA retaliation, verdict favoring employee fired 4 days after taking protected leave consistent with Act, upheld (U.S., rev den), 12:AA–5 (1/22/09)
      – Family Dollar, overtime, store managers not exempt executives under FLSA, $35.6M judgment affirmed (11th Cir.), 8
      – Fred's Stores of Ark., ADA, essential job functions impossible with or without accommodation and return date uncertain, firing claim properly dismissed (8th Cir.), 537
      – Home Depot, EPA, sex bias, pay scale gender-neutral, male comparators paid more due to qualifications, experience (N.D. Ohio), 350
      – J.C. Penney Puerto Rico, ADEA, negligence, relatives' derivative tort claims mostly time-barred, but 1-year limit tolled until son reaches 21 (1st Cir.), 834
      – Staples
        – – Overtime, misclassification, unanimous jury awards $2.48M to assistant store managers, FLSA class action (D.N.J.), 316
        – – SOX claim fails for employee who opposed return policies, no fraud on shareholders (1st Cir.), 217
      – Store managers, attendance at 7-week training program for area manager positions does not alter FLSA-exempt executive status, Wage and Hour Op. Letter, 83; text, 100
      – Wal-Mart
        – – Off-the-clock work
          – – – Breaks, overtime, payment of up to $640M settles 63 pending state and federal suits, 5; $65M - $85M settlement of over 30 claims wins preliminary approval (D. Nev.), 764
          – – – Minn. class action, settlement of $54.25M, civil penalty approved (Minn. Dist. Ct.), 800
        – – Sex bias, pay and promotions, en banc review ordered on certification of class potentially including over one million claimants (9th Cir.), 254; oral argument, attorneys clash over class certification, individual mini-trials (9th Cir., en banc), 428
        – – Whistleblowing, retaliation claim advances for optician fired after reporting unlicensed sales (M.D. Tenn.), 282
    RETALIATION
      – ADEA
        – – Ageist comments, attorney fired at age 51 for poor performance fails to show pretext, ADEA retaliation (D.D.C.), 348
        – – Exclusive remedy barring suit under §1983, but sovereign immunity bars ADEA suit, bid to amend complaint properly rejected (9th Cir.), 281
        – – Failure to exhaust administrative remedies dooms bias claims, but firing claim tied to filing of earlier complaint revived (4th Cir.), 37
        – – Forest Serv. firefighter who failed required test failed to show disparate impact, treatment, but retaliation claim viable (Ore.), 768
        – – Sex bias, promotion claims against Federal Reserve Board of Governors properly rejected, but retaliation claim revived on vel non issue (D.C. Cir.), 346
      – Age bias, last chance pact's prospective waiver of right to sue under Ky. law invalid without arbitration option, claim revived (6th Cir.), 255
      – FLSA, TRO barring NYPD internal affairs department from investigation or discipline related to plaintiff officers' FLSA suit at issue, remanded for explanation (2d Cir.), 192
      – FMLA
        – – Airline flight instructor with sleep apnea failed to link pursuit of leave to discharge, claim rejected (U.S., rev den), 584
        – – Firing 3 weeks after adoption-related leave proved interference, retaliation, but denial of mandatory prejudgment interest was error (4th Cir.), 343
        – – Ill., state worker fired for refusal to sign performance improvement plan failed to show retaliation (7th Cir.), 505
        – – PIP onerous, alcoholic manager fired after inpatient treatment program may sue under FMLA, but not ADA (10th Cir.), 219
        – – Retroactive termination of health benefits, $85K judgment confirmed for nursing home worker who gave birth to triplets (7th Cir.), 661
        – – Verdict favoring claimant fired 4 days after taking protected leave consistent with Act, upheld (U.S., rev den), 12:AA–5 (1/22/09)
      – Free speech
        – – County employee's complaints prior to discharge about boss's extramarital affair not protected speech, no public concern (M.D. Fla.), 509
        – – Independent investigation, firing decision by higher-up precludes biased subordinate's personal liability, verdict favoring claimant vacated (9th Cir.), 260
        – – Police officer's “unauthorized” memo referenced matter of public concern, press leak not part of job duties, retaliatory firing claim revived (4th Cir.), 513
        – – Prosecutor's blog posting related to police shooting probe protected speech, but suspension upheld on other grounds (S.D. Fla.), 879
        – – University department head properly fired for changing grades, violating academic code, claim rejected (3d Cir.), 471
      – Ill., circuit courts have subject matter jurisdiction over federal civil rights claims, beyond parameters of Ill. Human Rights Act (Ill.), 147
      – National origin bias
        – – Harassment, Mexican-born teacher reassigned to teach lower grade with no loss of pay, benefits failed to show adverse action (7th Cir.), 766
        – – Mexico-born box packer warned to “speak American” fired for poor performance, claims revived (10th Cir.), 469
      – Race and religious bias, bank employee who signed four separate arbitration agreements must arbitrate state, federal firing claims (S.D.N.Y.), 223
      – Race bias
        – – County nurse who resigned due to driving anxiety after car accident lacks ADA, bias claims (7th Cir.), 598
        – – Nurse's aide lawfully fired for providing unredacted patient records to EEOC as proof of bias (U.S., rev den), 333
        – – Participation in certified class action tolls statute of limitations on individual Title VII claims, pay and promotions claims revived for UPS retiree (5th Cir.), 72
      – Racial harassment, whites who objected to anti-black slurs against co-workers failed to show requisite harassment against themselves, claims rejected (6th Cir.), 313
      – Scope, 3d party disclosure of sexual harassment during HR probe protected opposition activity under Title VII, firing claim revived (U.S., rev), 139; text, 169
      – Sex bias, temporal proximity, filing complaint no shield against discipline for prior insubordination, claim fails (U.S., rev den), 131
      – Sexual harassment
        – – Ill., strict liability imposed on employer for harassing acts of any supervisory employee, authority over victim not required (Ill.), 570
        – – Individual liability supported under state law, contributing factor test, MHRA claim revived (Mo.), 319
        – – Teacher reassigned to teach lower grade with no loss of pay, benefits failed to show adverse action (7th Cir.), 766
        – – Team leaders not management-level employees, knowledge of co-worker's genital exposure not imputed to firm (3d Cir.), 797
        – – University dean acted on good faith belief program director lied and harassed co-workers, firing lawful (8th Cir.), 509
      – Whistleblowers
    RETENTION OF EMPLOYEES
      – Staff retention, recruitment new year's focus for four in ten CEOs, also productivity, morale, 9
    RETIREE HEALTH BENEFITS
      – ADEA, utility did not violate by coordinating benefits with Medicare, specific exemption applies (N.D.N.Y.), 580
      – ERISA
        – – Claimants showing entitlement to retiree health benefits have standing to challenge cancellation regardless of vested status, prior ruling reversed (9th Cir.), 747
        – – Oil company workers hired through staffing agencies common law employees eligible for benefits, claim revived as timely (S.D.N.Y.), 285
      – ERISA, LMRA
        – – Class claim for lifetime benefits rejected, rights not vested for workers who were retirement-eligible when 1988 pact expired (6th Cir.), 153
        – – Honeywell Intl., ERISA fees award premised on LMRA liability vacated, remanded for calculation under ERISA alone (2d Cir.), 881
      – GINA compliance
    REVERSE DISCRIMINATION
      – Age bias, severance denial, LMRA bars claims requiring interpretation of UAW pact, plant closing accord (6th Cir.), 11
    RFRA
    RHODE ISLAND
      – E-Verify, governor has executive authority to require vendors to use (R.I. Super. Ct.), 550
      – Labor legislation, 2008, DOL reports, 236
      – State actions summary, 25; 238
    RIGHT TO WORK
      – Free speech, Idaho ban on local government employees' political payroll deductions no 1st Amend. violation (U.S., rev), 273; text, 298
      – Free speech, Utah ban on local government employees' political payroll deductions no 1st Amend. violation, prior holding vacated (10th Cir.), 604
    RLA

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