|
|
|
|
||
|
||
|
Vol. 6, Nos. 1-43, pp. 1-1452 Jan. 4 - Oct. 31, 2008 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
SALTING
Investigation, litigation under new NLRB standards, guideline memos issued on Toering burden of proof, Oil Capitol back pay period, 255
N.J., 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
Texas, public employee's right to sue upheld, but San Antonio custodian failed to show bias, verdict vacated (Tex. App.), 1088
Cal. high court rules state ban on gay marriage unconstitutional (Cal.), 694
N.Y., denial of spousal health benefits to couple validly married in Canada constitutes sexual orientation bias under state law (N.Y. App. Div.), 192
Aetna, mandatory arbitration accord governs SOX whistleblower's retaliation claim, no inherent policy conflict (2d Cir.), 1340
Belfort Instrument, control, agency not shown, financing of privately-owned firm by publicly-traded bank does not engender SOX protection (DOL ARB), 674 Cardinal Bankshares, stock fraud, whistleblowing CFO's SOX claim properly dismissed, no SOX-related violations shown (4th Cir.), 1081 DOL ARB decisions, briefly, 512; 674; 781; 1170 Funeral home employees lacked reasonable belief in reported shareholder fraud, RIF firings unprotected (5th Cir.), 155 Levi Strauss, retaliation claimants have no statutory or constitutional right to jury trial, equitable remedies authorized, not monetary relief (N.D. Cal.), 472 Nova Info. Sys., would-be whistleblower's security complaint too speculative, not protected, but ADA, state law retaliation claims may proceed (E.D. Tenn.), 541 Retaliation cases increasing, OSHA caseload reviewed, law still developing, lawyers told, 693 Wal-Mart whistleblower who refused to shred documents sought in DOJ criminal probe may sue for retaliation (W.D. Ark.), 191 Wyeth, fired training director shows no basis for reasonable belief in violation, evidence a chain of speculation (4th Cir.), 437
Alter Barge Line, retaliation, deckhand who reported crew's illegal drug use after he was fired not protected, Ill. tort claim not preempted (7th Cir.), 119
Celebrity Cruises, stateroom attendant must arbitrate wage claim despite statutory access to federal courts (U.S., rev den), 96
ABX, DHL, ALPA violation ruling overturned, NLRB lacked jurisdiction over RLA-governed dispute (9th Cir.), 665
Arden Fair Mall, Capitola Mall, content-based restrictions, ban on union picketing, handbilling violates free speech under Cal. constitution, NLRA (9th Cir.), 1188 Fashion Valley Mall, 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 Mall owner lawfully denied UBC right to distribute literature to general public criticizing tenant's use of nonunion labor, content, context unprotected (2d Cir.), 1031
Banc of America Inv. Servs., subsidiary's mandatory arbitration accord applies to claims against hiring bank where execution contemporaneous, same subject matter, and employment contract referenced (Nev.), 724
Bear Stearns
ERISA, fiduciary breach, proposed class action alleges retirement losses in hundreds of millions (S.D.N.Y.), 407
SEA violations, 1 day after purchase by J.P. Morgan, investor files class suit alleging firm issued false and misleading information on business, financial results (S.D.N.Y.), 407 ERISA, stock drop 401(k) suits target industry in throes of subprime mortgage meltdown, 1284 Merrill Lynch
FMLA, retrospective claim waived by severance-related release, Act prohibits prospective waiver of rights (N.D. Ill.), 1152
Sexual orientation bias, N.J. firing claims revived based on biased supervisor's participation in, influence on decision (N.J. Sup. Ct., App. Div.), 1159 N.Y., state comptroller hikes estimate of crisis-related job losses to 40,000, 1316 Oppenheimer, minimum wage, Fla. requirement of 15-days advance notice prior to lawsuit valid, prior ruling void (S.D. Fla.), 76 SEC Wachovia Sec., interference, ERISA bars breach of contract, promissory estoppel claims related to disability benefits, others viable (D. Minn.), 439
Pension investments, information sharing, DOL, SEC sign memorandum of understanding (MOU) to formalize, overview, 1063
Advanced-Tech Sec. Servs., holiday work at premium pay does not entitle claimant to overtime for same week (Cal. Ct. App.), 798
Intl. Sec. Servs., breastfeeding, privacy, firm fined $4K for lack of lactation accommodation under Cal. law, 921 Private Security Officer Employment Authorization Act United Govt. Security Officers of Am., Local 80, CBA violations, breach of contract claim filed timely, local statute governs despite LMRA preemption, conversion (D.C. Cir.), 469
Security, Transportation Worker Identification Credential (TWIC) program rollout fairly smooth, House panel told, 127
Agreement to endtail rather than dovetail status of non-member sales rep when units merged was ULP (NLRB), 1312
Ray's Lawn & Cleaning Servs., payment of back wages no defense to debarment, penalty upheld (DOL ARB), 1231
Wage and Hour Div. enforcement, FY2007 set record high in back pay recovery, statistics reviewed, Special Report, 26 Whistleblowers, DOL ARB decisions, briefly, 781
1199SEIU, United Healthcare Workers East (UHW-E), Kingsbridge Heights Rehabilitation Care Center, §10(j) injunction, bargaining order issued, reinstatement ordered for strikers (S.D.N.Y.), 1163
Child care, Maine bargaining authorization enacted, 642 Local 32BJ, ADEA, arbitration clause in CBA void to extent it waives right to sue under federal statutes (U.S., rev grant), 260; status discussed, 1329 Local 73, hospital's improper application of solicitation/distribution rule to break room, nurses station was ULP (7th Cir.), 376 Local 250, LMRDA fiduciary breach, disloyal representative who formed rival union must return salary, but award of campaign costs reversed (Cal. Ct. App.), 288 Local 2001, transfer denial violated CBA, despite restraining order, public policy against sexual harassment, violence (Conn.), 804 Representational activities, 1st Amend. no bar on Maine affiliate's charge of agency fees for extra-unit litigation costs funded by expense pooling (U.S., rev grant), 261; status discussed, 1329; (U.S., oral arg), 1344
Enron retirement recovery funds misallocated, DOL seeks civil contempt sanctions against consultants (S.D. Texas), 218
ERISA, summary judgment favoring plan sponsor improperly entered after court notified of class accord (9th Cir.), 250 FMLA, past violations, bar on private settlement, waiver of claims applies both retroactively and prospectively, brief invited on DOL rule (U.S., brief sought), 92; review discouraged where DOL rule amendments will resolve (U.S., brief filed), 734; (U.S., rev den), 856 No-rehire, no-reapply covenants, non-disparagement clauses in bias settlement, separation agreements, EEOC attorney warns of agency opposition, legal pitfalls, 548 Terms required minimal job references, no mention of termination, disclosure of bias suit possible breach, suit revived (7th Cir.), 1003
Entitlement unlawfully conditioned on waiver of FLSA claims, TRO issued to bar (N.D. Ga.), 669
ERISA
Benefits properly withheld where employees voluntarily resigned after merger, pay cuts not constructive discharge (3d Cir.), 939
Excluding director in critical position from plan was non-arbitrary business decision based on adverse impact (M.D. Pa.), 1060 Materially adverse change in job, constructively discharged employee may sue for severance (N.D. Cal.), 539 Verity, reduced responsibilities at same pay constructive discharge, computer executive entitled to severance benefits (N.D. Cal.), 1059
BFOQ defense not proven, partial reversal secures verdict for claimants (7th Cir.), 1185
Disparate discipline policies, manager who violated store policy may proceed with suit (S.D. Ohio), 687 Disparate treatment, female manager fired for denigrating bosses fails to show male comparator treated better (6th Cir.), 82 Fair Pay Act Flight attendant's bias claims not a minor dispute under RLA, no preclusion where attendance provisions in CBA referenced but not interpreted (5th Cir.), 1029 Indemnity insurance, liability coverage forfeited through failure to timely notify insurer of demand letter (Cal. Ct. App.), 935 Mich., claim fails for financial controller fired during maternity leave, but FMLA interference claim viable (E.D. Mich.), 286 Pay and partnerships, Smith Barney, $33M settles female brokers' class action (N.D. Cal.), 496 Paycheck Fairness Act
Arbitrator to decide threshhold procedural issues in pattern or practice class action (S.D.N.Y.), 1028
Evidence, time-barred acts admissible to support timely claim, show pretext, revived (7th Cir.), 402 Stereotyping, mother of 4 young children passed over in favor of woman with older children has no claim despite comments (D. Me.), 663 Retaliation
Business judgment triggered firing over phone and internet use, bias claims rejected (7th Cir.), 122
Cantankerous female police officer shows race and sex bias, retaliatory firing (W.D. Tenn.), 561 Defense contractor's computer specialist failed to show pretext, link firing to bias complaints (D. Md.), 1153 Health care services worker fired for insubordination, policy breach after threat to file bias charge fails to show pretext, valid comparator (7th Cir.), 1397 Mandatory arbitration, Open Door pact enforceable under Ga. law applies to federal bias claims (11th Cir.), 1372 Punitive damages, bank executive properly won verdict, but excessive punitive award reduced under NYC law (S.D.N.Y.), 210 Title VII, associational bias, en banc rehearing ordered (6th Cir.), In Brief, 1089 Title VII shields relatives, associates of persons engaging in protected activity, fired fiance's claim revived (6th Cir.), 467 VA doctor's promotion claim rejected for failure to exhaust EEOC remedies (1st Cir.), 184 Teaching, 12 women hired at lower pay step than younger or male teachers awarded $1.2M verdict on age, sex bias in pay (W.D. Pa.), 563 Title change, denial of discretionary bonus, larger raise not materially adverse actions, claim rejected (7th Cir.), 498 Transfer, repeated denial of county police detective's bid for lateral move to better job was adverse action, claim revived (2d Cir.), 562
ABM Indus., women subjected to violence by convicted rapist supervisor may intervene anonymously in EEOC suit (E.D. Cal.), 372
DHS officer allegedly raped by co-worker while on official duty at mandatory training shows all elements except agency liability (7th Cir.), 337 Discovery, emotional distress claimant's sexual abuse at 13 relevant to, admissible for diagnosis of present condition (E.D. Tenn.), 1431 Duration improperly limited, mitigation does not restart clock, claim revived (7th Cir.), 14 Ellerth-Farragher affirmative defense
Co-worker's knowledge does not bind employer, preventative measures, failure to report, reasonable investigation defeat claim (1st Cir.), 1219
Judge's penis exposure, masturbation during trial unrelated to fired court workers' sex, affirmative defenses rejected (N.D. Okla.), 431 Prompt remedial action on incidents employer had notice of triggers dismissal (8th Cir.), 292 Failure to use preventative, corrective measures, affirmative defense defeats claim (6th Cir.), 934 Gender stereotyping rejected, female receptionist's task of getting coffee for supervisors not bias per se (E.D. Pa.), 797 Improper filing, male prison inmate known as frequent filer withdraws baseless intervention motion to avoid sanctions (W.D.N.C.), 1215 Intervening transfer sinks continuing violation, supervisor's old conduct time barred, new acts insufficient to support (S.D. Miss.), 1186 Iraq contractors, mandatory arbitration pact valid, defense contractor's worker may not sue over sexually lawless environment (S.D. Texas), 190 Love contracts between co-workers in consensual relationship may curb litigation, Analysis & Perspective, 223 N.J. firing claims revived based on supervisor's homosexuality slurs (N.J. Sup. Ct., App. Div.), 1159 Objectively, subjectively offensive supervisor conduct, bias action revived, but constructive discharge, retaliation rejected (5th Cir.), 1000 Pa. equal rights law allows no private right of action against private employer, dismissal upheld (Pa. Super. Ct.), 1336 Race bias claimant lawfully fired for perceived harassment based on employer's reasonable belief (D.C. Cir.), 466 Retaliation
Business trip, invitation by boss to visit adult book store bolsters fired sales rep's claim, suit advances (M.D. Tenn.), 367
Complainant's car set on fire, employer potentially liable for retaliatory acts of co-worker, Ohio claim revived (6th Cir.), 245 Court worker's claim survives despite discharge prior to reporting on judge's penis exposure, masturbation during trial (N.D. Okla.), 431 Dual complaints form continuum of protected activity, claim revived (7th Cir.), 1248 Prior consensual relationship, janitor lacked good-faith belief that supervisor's demands for sex were unlawful, verdict reversed (7th Cir.), 1370 Scope, revealing incidents during HR probe not protected participation or opposition activity under Title VII (U.S., rev grant), 134; facts discussed, 1329; (U.S., oral arg), 1361 Secretary transferred after objecting to supervisor staring raised viable claim, revived (1st Cir.), 212 Transfer denial violated CBA, despite restraining order, public policy against harassment, violence (Conn.), 804
Cal., retaliation, no individual liability under FEHA, verdict against former supervisor reversed (Cal.), 371
Colo. bias ban enacted, 814 Ky. bias ban restored by executive order, 815 N.J. firing claims revived based on biased supervisor's participation in, influence on decision (N.J. Sup. Ct., App. Div.), 1159 N.Y., denial of spousal health benefits to same-sex couple validly married in Canada violates state law (N.Y. App. Div.), 192 Riverside Community Hosp., §1981, perceived homosexuality, black, bisexual plastic surgeons' claim not covered (9th Cir.), 248
ERISA, industry-related disability (IRD) benefit is welfare benefit, not pension benefit, earnings cap amendment no anti-cutback violation (2d Cir.), 193; (U.S., rev den), 1352
Local 28, race bias, $6.2M settles EEOC claims on behalf of black, Hispanic workers, consent decree (S.D.N.Y.), 117 Local 146, firing of pro-union workers was ULP, NLRB properly held owner personally liable for back pay (8th Cir.), 802
OSHA inspections, seven industries added, 299
Signal Intl., Indian guestworkers sue shipyard alleging fraud, forced labor, human trafficking (E.D. La.), 410
See FORCED LABOR
Affordable Coverage for Small Employers Act
Family and Medical Leave Enhancement Act
Employee Verification Amendment Act
Employee Verification Amendment Act
Oracle, overtime, missed breaks, FLSA, Cal. class suits settled for $1.2M, preliminarily approved (N.D. Cal.), 1428
Immigration, mandatory employee verification bill enacted, 814
State actions summary, 451; 703; 1066; 1414
State actions summary, 514; 783; 1414
Prospective relief exception to money damages bar, FMLA reinstatement claim revived against state official sued in official capacity (5th Cir.), 993
Seattle must defend injured trainees' state law suit for damages in addition to workers' compensation (Wash.), 53
Bloch forced to resign as chief, Reukauf named acting special counsel, 1443
ESA 2008 agenda, FMLA tops, then child labor rules, Wage and Hour enforcement, OLMS struggles, Lipnic discusses, 162
FLSA, Portal-to-Portal Act, unions say DOL should drop proposal to align regulations with court rulings, 1408 FMLA, comments on DOL rules revisions reflect mixed reviews from business, advocacy groups, overview, 613 Immigration
E-Verify mandate proposed by FAR Council garners heavy criticism as comment period closes, 1197
Enforcement, labor rights clash, rejected unions claim ICE audit during representation election intimidated workers, 128 Sexual harassment, retaliation, scope, revealing incidents during HR probe not protected activity under Title VII, review urged (U.S., brief filed), 56 Voting leave, most states require by law, but provisions vary widely, comparison chart, 1445 Wage and Hour Div. performance, FY2007 set record high in back pay recovery, mostly FLSA enforcement, statistics reviewed, 26
ERISA, fiduciary breach
Former employees who have recieved full distribution under terminated plan may sue as plan participants to recover losses (9th Cir.), 1277
Individual 401(k) plan participants may sue trustee over lack of notice on fraudulent investments, claims revived despite chance of individual relief (6th Cir.), 158 Northwest Airlines, IAM contract employees lack standing to sue for breach of ALPA pilot employees plan (8th Cir.), 298 Stock options backdating, claim revived for former employees seeking benefits, not damages (11th Cir.), 1092 Nev., dealers lacked standing to file private tip-pooling challenge, administrative process adequate remedy (Nev.), 1393 Noncompete agreement enforceable, transition from sole proprietorship to corporation does not impact employer's right to sue (Tenn. Ct. App.), 569 Prevailing wages, undocumented workers may sue under Cal. law for failure to pay on public works jobs already performed, IRCA no bar (U.S., rev den), 264 Race bias, pattern or practice claim must be brought as class action (11th Cir.), 211 RICO, illegal hiring under INA, county fails to show property interest in related health care, law enforcement expenditures, lacks standing to sue (9th Cir.), 440; (U.S., rev den), 1412
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
Civil Rights Act of 2008
See also specific states
ESA legislation report shows states enacted more labor laws in 2007, including wage and immigration laws, overview, 226 Voting leave, most states require by law, but provisions vary widely, Special Report, 1445
Local 1457, NYC juvenile workers' gap time under FLSA 40-hour threshold for overtime, comp time, pay schemes lawful (S.D.N.Y.), 660
Rehabilitation Act, Foreign Service applicant showed withdrawal of eligibility was based on record of impairment substantially limiting major life activity, claim revived (D.D.C.), 1026
Rehabilitation Act, foreign service applicant's conditional job offer unlawfully rescinded where no individualized assessment of HIV impairment (EEOC), 117
ADEA, EEOC intake questionnaire and affidavit seeking agency action to vindicate rights was timely claim equivalent to charge (U.S., aff), 283; text, 309
ADEA, federal sector complaints, proposed changes to EEOC case handling rules approved for review by other agencies, 780 ERISA fiduciary breach
Equitable tolling, unreinstated strikers allegedly misled into resigning to collect 401(k) benefits may sue for reinstatement, back pay (N.D.N.Y.), 696
Ill. 10-year window for breach of written contract applicable to suit seeking restitution of 401(k) plan contributions (7th Cir.), 1439 Post-bankruptcy claims alleging imprudent investment in company stock timely filed (N.D. Ohio), 474 Utility misclassification to avoid paying benefits, independent contractors' suit time-barred (3d Cir.), 504 FMLA, certification submitted past USPS deadline, failure to show FLSA-defined willful violation triggered 2-year filing window, claim time-barred (10th Cir.), 559 FRCP Rule 23(f), when class certification denied, 10-day statutory window opens for filing appeal, motion for reconsideration does not toll (3d Cir.), 601 Hiring preferences, time-barred claims against city accrued with notice of rejection, not suspicion of discriminatory intent (9th Cir.), 1156 LMRA, CBA violations, common law breach of contract claim preempted and treated as §301 claim, but local statute governs timeliness (D.C. Cir.), 469 Race bias, class pay claims, standing, time bar affirmed (9th Cir.), 368 Sex bias, time-barred acts admissible to support timely claim, show pretext, revived (7th Cir.), 402 Sexual harassment, intervening transfer sinks continuing violation, supervisor's old conduct time barred, new acts insufficient (S.D. Miss.), 1186 Title VII Fairness Act
AK Steel, ERISA, cash balance plan's failure to use whipsaw calculation for lump-sum distributions unlawful, participants' $46M award upheld (U.S., brief sought), 812
Emerald Steel Fabricators, disability bias, accommodation ruling against firm that fired medical marijuana user upheld (Ore. Ct. App.), 843 Geneva Steel, illegal sales practices, whistleblowing manager wins $1.4M award, firm, owner jointly and severally liable (Colo. Dist. Ct.), 967 North American Stainless, sex bias, retaliation, Title VII shields relatives, associates of persons engaging in protected activity, fired fiance's claim revived (6th Cir.), 467 North American Stainless, Title VII retaliation, associational bias, en banc rehearing ordered (6th Cir.), In Brief, 1089 OSHA inspections, seven industries added, 299 U.S. Steel, donning and doffing, Pa. claims preempted, but FLSA claims not tied to pact may proceed (W.D. Pa.), 658
Continental Tire, LMRA, ERISA, $158M to VEBA settles retirees' claims over vested health benefit contributions (N.D. Ohio), 571
Local 4-786, pensions, CBA dictates arbitration for unilateral decision to bar new hires from defined benefit plan (D. Del.), 608 Local 224, Jones Plastic failure to reinstate economic strikers no ULP, replacements permanent despite at-will clause (7th Cir.), 1249 Local 1557, donning and doffing, coke plant workers' FLSA claims not tied to pact, may proceed, but Pa. claims preempted (W.D. Pa.), 658 Rohm and Haas, ERISA, disability benefits at issue not created by or incorporated by CBA, thus denial not subject to grievance arbitration (3d Cir.), 537
Home Depot, ERISA, backdating inflated company stock, fiduciary breach claim revived for former employees seeking benefits, not damages (11th Cir.), 1092
Staples, for cause, employee fired for padding travel, expense reports forefeited right to exercise stock options (1st Cir.), 1194
Arch Wireless Operating, service provider violated by giving city transcripts of police sergeant's text messages (9th Cir.), 909; attorneys analyze effect of ruling on employee monitoring policies, best practices, 975; electronic communications policies, review advised, ruling widens standard of reasonable expectation as to company-provided tools, 1039
Forensic search of company-owned laptop, personal e-mails prior to termination lawful despite employee's option to buy (S.D. Cal.), 438
Failure to reinstate economic strikers no ULP, replacements permanent despite at-will clause (7th Cir.), 1249
Levy, decertification, explanation to replacement workers not coercion, new IUOE election not warranted (NLRB), 83
Colo., strike ban enacted for state employees, 419
United Rentals Highway Techs., Indiana Constructors, hot cargo provision, industry exception to NLRA ban saves LIUNA CBA (7th Cir.), 341
Benefits for future retirees may not be modified without union opportunity to bargain (D.C. Cir.), 631
One-time stock gift to UNITE HERE workers not mandatory subject for bargaining (2d Cir.), 1375 RLA, pre-existing pacts requiring bargaining over leave policy changes override FMLA clause allowing substitution of paid leave (U.S., rev den), 97 Workplace violence programs discussed at ABA forum, 1290
EEOC administrative subpoena may be issued to employer even after right-to-sue letter sent, suit initiated (9th Cir.), 1245
Immigration, state court should rule on enforcement in probe of N.Y. labor code violations against H-2B workers, remanded (S.D.N.Y.), 1316
Assignment of obligations, neutrality/card-check pact not binding on purchaser of casino which had closed operations (5th Cir.), 936
Bad bosses survey shows economic woes pressure workers not to quit, top gripes reviewed, 995
ADA
Disabled job candidate not the most qualified, accommodation claim rejected (dismissed following settlement), 95
Punitive damages, reckless indifference standard properly applied, $100K award upheld (rev den), 1349
Admissibility of me too testimony from other employees depends on fact-intensive, context-specific inquiry (vac and rem), 281; text, 306
Arbitration clause in CBA void to extent it waives right to sue under federal statutes (rev grant), 260; status discussed, 1329 Disability retirement, service credits criteria age-based, EEOC may pursue claim that Ky. public workers unlawfully disqualified (oral arg), 39; service credits criteria lawful, disparity lies in timing, not calculations (rev), 830; text, 869 EEOC exemption allowing employer plans to coordinate retiree health benefits with Medicare upheld (rev den), 449 Limitations period, EEOC intake questionnaire and affidavit seeking agency action to vindicate rights was timely claim equivalent to charge (aff), 283; text, 309 Mandatory retirement for public safety workers upheld, city firefighters have no due process claims based on CBA's just cause provision (rev den), 58 Reasonable factors other than age (RFOA)
Disparate impact, EEOC seeks comments on proposed rules update, 477
Exception is affirmative defense, employee has burden to disprove (rev grant), 133; government, RIFd workers urge reversal (oral arg), 557; employer bears both burden of production and burden of persuasion (vac, rem), 829; text, 863 Appeals, finality, FRCP Rule 54(b) certification of final judgment not sought, procedural errors barred review of summary judgment favoring city (rev den), 604 Arbitration
Agent/performer disputes, Cal. Talent Agencies Act provides labor commissioner with exclusive jurisdiction, but FAA may preempt (oral arg), 93; signed accord controls, FAA supersedes Cal. law (rev), 259; text, 270
Federal Arbitration Act (FAA), judicial review, specified grounds for vacating or modifying ruling are exclusive, may not be expanded by agreement of parties (vac and rem), 448 Performance management plan implementation potential pact breach, IBEW recognition clause triggers arbitration (rev den), 416 Civil Rights Act of 1866, whether §1981 includes retaliation cause of action for race bias plaintiffs debated (oral arg), 238; claim viable, right to sue implied (aff), 713; text, 738 Discovery, medical review, state privilege protecting physician performance assessments does not apply in federal job bias cases (rev den), 61 Equal protection, class-of-one theory not available to state employee claiming discharge for arbitrary reasons (rev grant), 94; (oral arg), 576; class-of-one not applicable in public employee context (aff), 793; text, 816 ERISA
Arbitrary standard of review proper where claims administration delegated to nonfiduciary, right to deferential review forfeited (rev den), 945
Assignment, alienation of plan benefits barred, QDRO required to waive rights in divorce (rev grant), 263; status discussed, 1329; plan document rule examined (oral arg), 1345; supplemental briefings sought on plan document rule (U.S., brief sought), 1440 Cash balance plan's failure to use whipsaw calculation for lump-sum distributions unlawful, participants' $46M award upheld (brief sought), 812 Conflict of interest exists where dual-role administrator makes eligibility determinations and pays benefits, applicable level of judicial review at issue (rev grant), 135; (oral arg), 574; conflict is factor to be weighed in determining abuse of discretion (aff), 835; text, 878; conflict tiebreaker favors plaintiffs, attorney speakers predict potential impact, 1035 Fiduciary breach
Entire plan distinguished, 401(k) plan participant may sue for losses in individual account due to failure to follow investment directions (rev), 257; text, 266
Misstatements about pension calculations no breach where company officials not acting in fiduciary capacity (rev den), 855 New actuarial assumptions improperly reduced early retirees' lump-sum payment (rev den), 810 Remedies
Interference, no ERISA remedy for deprivation of plant closure benefits, impermissible instatement order reversed (rev den), 947
Other appropriate equitable relief does not include payment of life insurance benefits denied due to breach of fiduciary duty (brief sought), 349; review urged (brief filed), 736; (rev den), 944
Agency fees, SEIU representational activities, Maine affiliate lawfully charged nonmembers for extra-unit litigation costs funded by expense pooling (rev grant), 261; status discussed, 1329; (oral arg), 1344
Freedom of speech, retaliation, police officer's comments maligning department, slamming minorities and homeless public speech, not protected (rev den), 733 Idaho prohibition on local government employees' political payroll deductions stifles political speech, unconstitutional (rev grant), 1329
Clothes changing
Absent custom, practice under pact, no duty to pay for time spent donning, doffing safety gear (rev den), 811
Jury instructions improper, donning, doffing exertion not a requirement for work, new trial ordered (rev den), 811 Portal-to-Portal Act
Clothes changing, workers not entitled to pay for time spent going through security or putting on gear (rev den), 811
Travel time, federal law enforcement officer's commutes in government-owned vehicles not compensable under FLSA (rev den), 60
Past violations, bar on private settlement, waiver of claims applies both retroactively and prospectively, brief invited on DOL rule (brief sought), 92; review discouraged where DOL rule amendments will resolve (brief filed), 734; (rev den), 856
RLA interface, provision allowing substitution of paid leave does not override pre-existing pacts requiring bargaining over leave policy changes (rev den), 97 Immigration enforcement, undocumented Mexican citizen who knowingly presented false papers to employer guilty of aggravated identity theft (rev grant), 1411 Labor docket, 2008-2009 term opens, 1329 Mandatory arbitration, Cal. statutory right to sue for overtime unwaivable, class action ban unenforceable where significantly more effective in vindicating rights (rev den), 470 Negligent hiring and supervision, alleged sexual assault by restaurant manager outside scope of mandatory arbitration pact, teen server's rape claims revived (rev den), 417 NLRA, employers urge justices to rule that Cal. labor neutrality law preempted (oral arg), 395; NLRA preempts, state-funded employers' non-coercive speech lawful (rev, rem), 832; text, 886 PDA, workers denied service credits based on pension calculations using pre-PDA system entitled to summary judgment (brief sought), 136; review urged (brief filed), 735; (rev grant), 915; status discussed, 1329 Picketing, NLRA bars interference with non-employee union members' rally on casino-owned sidewalk (rev den), 415 Prevailing wages, undocumented workers may sue employer under Cal. law for failure to pay on public works jobs, IRCA no bar (rev den), 264 Public employees, discipline lawful for VA pharmacist who was notified of Garrity immunity yet remained silent during investigation (rev den), 545 Race bias, employer status, NYC teacher candidates may sue city for imposition of certification requirements, but not state (rev den), 916 Rehabilitation Act, court security officer with partial hearing loss failed to establish regarded-as claim, localizing sound not major life activity (rev den), 59 Religious bias, Jewish community center primarily a religious organization, exempt from Christian bookkeeper's firing claim (rev den), 578 Restrictive covenants, ex-employee's noncompete liability affirmed, but $43M in damages insupportable, new trial ordered (rev den), 138 RICO
Illegal hiring under INA, county fails to show property interest in health care, law enforcement expenditures, lacks standing to sue (rev den), 1412
NLRA, racketeering, mail fraud convictions affirmed for former union president and secretary (rev den), 918
Imputed knowledge of OSH Act breach, OSHRC order upheld on excavation contractor's willful trenching standard violations (rev den), 265
Procedural nature of Ohio asbestos liability law requiring more threshold evidence than FELA saves it from preemption (brief sought), 854 Secondary boycotts, handbilling ban unlawful, shopping mall is public forum, content-based speech prohibitions improper (rev den), 1349 Sexual harassment, retaliation, scope, revealing incidents during HR probe not protected participation or opposition activity under Title VII (rev grant), 134; facts discussed, 1329; (oral arg), 1361 Taxation, compensatory damages, environmentalist who won whistleblower suit must pay federal tax on tort award (rev den), 577
C.J. Dannemiller, delivery driver who called employer a liar fired for insubordination, STAA claim properly rejected (6th Cir.), 1436
Crete Carrier, interstate trucker fired for poor planning, late deliveries on time-sensitive assignments, ARB ruling upheld (7th Cir.), 1191 DOL ARB decisions, briefly, 512; 674; 982; 1170; 1382 Marten Transp., driver unlawfully fired after excessive safety complaints (DOL ARB), 982 Retaliation cases increasing, OSHA caseload reviewed, law still developing, lawyers told, 693 West Side Transp., reinstatement order automatic remedy in retaliatory discharge cases, remanded (DOL ARB), 781 Yellow Transp., retaliation, warning letter without tangible job consequences insufficient for adverse action (DOL ARB), 1382
Burlington N. Santa Fe R.R., STB governs transfer of switching work under trackage rights pact, RLA challenge properly dismissed (9th Cir.), 844
Electronic
Venture 47/Garlee NY, contractor and owners charged in N.Y. enforcement sweep with $5M in wage violations, records fraud, 1040
Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
