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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 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
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
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
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
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
Due process violated when arbitration panel dismissed grievances for lack of union evidence on conferencing (U.S., rev grant), 291
Federal Aviation Act reauthorization Rest break policies, flight attendant scheduling issues constitute minor dispute under RLA, arbitration required (9th Cir.), 770
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
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 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 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 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
Privacy Act, PBGC-17, new system proposed to protect records for law enforcement, 518
Retaining staff, recruiting new year's focus for four in 10 CEOs, also productivity, morale, 9
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
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
DOL guidance clarifies funding exemption for faith-based groups, 53
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
Card check recognition
Secret Ballot Protection Act
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
See FOOD SERVICES
Noncompetition
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:AA5 (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 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 Whistleblowing, retaliation claim advances for optician fired after reporting unlicensed sales (M.D. Tenn.), 282
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 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:AA5 (1/22/09)
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 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 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 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
Staff retention, recruitment new year's focus for four in ten CEOs, also productivity, morale, 9
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
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
Age bias, severance denial, LMRA bars claims requiring interpretation of UAW pact, plant closing accord (6th Cir.), 11
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
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 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
