Workplace Law Report Index-Summary

TAA

TAXATION

– Damages, ADA, RIFd supervisor lawfully awarded additional amount for taxes on lump-sum back pay, “make-whole” remedy upheld (3d Cir.), 222
– Health insurance reform, tax exclusion repeal ruled out, but Baucus (D-Mont) says law could be modified to be more equitable, Senate roundtable discussion, 675
– HSAs, employer contributions, IRS releases final regulations, 1267
– Independent contractors hot legal topic, lawyers, employers, and cash-starved states focusing on misclassification suits, 75
– Independent contractors, reclassification as employees, ten legal, tax, and benefits consequences explained, 1067
– Same-sex marriage, state law developments may require some changes by employers, attorneys discuss benefits impact, tax status consequences, other pitfalls, 612
– Tax Equity for Health Plan Beneficiaries Act

See LEGISLATION, FEDERAL, HR 2625, S 1153

– Wellness program tax credit, Healthy Workforce Act

See LEGISLATION, FEDERAL, HR 1897, S 803

– World Wrestling Entm't, failure to withhold taxes, professional wrestlers' claims of unjust enrichment, misclassification rejected, no private right to enforce tax code (D. Conn.), 317

TEACHERS

– Overtime

– – Athletic instructor's FLSA-exempt professional status not affected by recruiting work, Wage and Hour Op. Letter, 57; text, 61
– – School district's occupational therapy assistants not FLSA-exempt professionals despite training, certification, Wage and Hour Op. Letter, 56; text, 58

TEACHERS (AFT)

– N.Y. State United Teachers (NYSUT), agency fees, 1st Amend., chargeable union expenses (2d Cir.), 1420

TEAMSTERS (IBT)

– Federal Aviation Act reauthorization

See LEGISLATION, FEDERAL, HR 915, S 1451

– Local 25, FedEx Home drivers independent contractors not covered by NLRA, refusal to bargain with IBT lawful, NLRB reversed (D.C. Cir.), 576
– Local 287, Granite Rock, IBT International not party to pact, interference charge rejected, but dispute with local must be arbitrated (U.S., rev grant), 921
– Local 560, WARN Act, “faltering business” defense rejected, firm liable to workers fired with 6 days notice and workers who lost jobs at other sites (U.S., rev den), 480
– Local 671, successor employer ordered to recognize IBT, hire predecessor's employees, rescind unilateral changes (D. Conn.), 150
– Local 705, ERISA nonforfeiture rule violated by failure to include benefits accrued during 3 months between retirement and first payout (7th Cir.), 514
– Local 716, protected activities, Spurlino's retaliation against pro-union workers, unilateral changes, failure to bargain in good faith for first contract ruled ULPs (NLRB), 545
– Local 886, grievance-processing duties, steward's statements made in presence of other employees unlawful restraint, coercion under NLRA (NLRB), 1060
– Local 917, hot cargo, loss of delivery work caused by supplier, not distributor, IBT grievance was ULP (2d Cir.), 1132
– Local 961, Frontier Airlines bankruptcy, §1113 standards improperly applied to terminate IBT pact, overturned (S.D.N.Y.), 1019
– RICO, Cintas suit rejected, “corporate campaign” to coerce neutrality/card check pact not attempted extortion (S.D.N.Y.), 352
– South Bay HWF, ERISA, IBT fund's refusal to return surplus assets under Bakery Drivers' trust-to-trust accord was fiduciary breach, ordered to repay $2.1M (C.D. Cal.), 76

TELECOMMUNICATIONS

– Arch Wireless Operating, SCA, service provider violated federal law by giving city transcripts of police sergeant's text messages, rehearing denied (9th Cir.), 152
– AT&T

– – ADEA, EEOC sues over no-rehire policies denying reemployment to early retirees (S.D.N.Y.), 1192
– – AT&T Mobility, SOX, DOL ALJ's rejection of claim before suit filed precludes lawsuit despite exceeding 180-day limit (D.D.C.), 1135

– AT&T, pregnancy bias, workers denied service credits based on pension calculations using pre-PDA system, justices invite follow-up briefs on Ledbetter effects (U.S.), In Brief, 335; service credits properly denied, PDA not retroactive, no Ledbetter effect (U.S., rvs), 693; text, 719
– CallTech Communications, FMLA, leave verification policy allowing 3 days to provide medical documentation unlawful interference, 15-day minimum required (S.D. Ohio), 832
– Cingular Wireless, FLSA, offer of judgment no bar to timely bid for certification of collective action relating back to filing date of initial complaint (5th Cir.), 40
– FLSA, job-related network training for equipment used at work compensable, including classwork preparation performed at home, Wage and Hour Op. Letter, 361; text, 373
– Illinois Bell Tel., FMLA eligibility, union stewards unlawfully denied credits for hours spent enforcing pact, past practice key factor (N.D. Ill.), 142
– Lucent Techs., post-merger decision to move IBEW bargaining unit into larger CWA unit was “core business decision” exempt from NLRA bargaining duty (9th Cir.), 603
– SBC/Ameritech, race bias, disparate treatment, service tech fired for excessive personal use of company phone lacked comparator evidence (6th Cir.), 570
– Sprint-Nextel, SOX retaliation, evidence, attorney-client privilege (DOL ARB), 1369
– Sprint/United Management, Minn., failure to claim illegality in initial fraud report dooms would-be whistleblower's claim (8th Cir.), 878
– T-Mobile, personal stake extinguished, workers who accepted offer of judgment on individual claims after certification denied in FLSA collective action lost standing to appeal that denial (9th Cir.), 833
– TeleTech Cust. Care Mgt., Wash. medical marijuana law bars criminal prosecution, not enforcement of drug-free workplace policy, firing lawful (Wash. Ct. App.), 1295
– Tellabs

– – ERISA, stock drop, retention of company stock as retirement plan investment option no fiduciary breach (N.D. Ill.), full trial on merits, 809
– – Overtime, forced holidays reduced future pay, not current pay, professional employees remained exempt under state law (Ill. App. Ct.), 663

– Verizon

– – Arbitrator's ruling reinstated, back pay retroactive to creation of new job title “drew its essence” from CWA pact (D.C. Cir.), 1028
– – MCI Commc'ns Servs. d/b/a Verizon Bus. Servs., ADEA, sales consultant with “obsolete skill set” fired due to poor performance, not age, cat's paw evidence rejected (7th Cir.), 1058

TEMPORARY AGENCIES

– Accountemps survey, resumes with one or two typos could sink job prospects, look for errors spell-check can't catch, 1129
– Kelly Servs., Ill. wage and hour violations, class settlement (N.D. Ill.), 1387
– Northeastern Land Servs. d/b/a NLS Group, discharge of worker for violating overly broad confidentiality provision unlawful, NLRB 2-member ruling upheld (1st Cir.), 383; review sought on 2-member panel's §3(b) authority to issue rulings (U.S., rev sought), 1193

TENNESSEE

– False identity, use, manufacture, or transfer, penalty law enacted, In Brief, 687
– Foreign nurse employment agreement fair and favorable to employee, not unconscionable, resignation was breach (Tenn. Ct. App.), 1234
– Labor legislation, 2008, DOL reports, 236
– Nashville

– – Retaliation, scope, 3d party disclosure of sexual harassment during HR probe protected opposition activity under Title VII, firing claim revived (U.S., rvs), 139; text, 169; remand, jury trial (M.D. Tenn.), 1415
– – USERRA, city unlawfully delayed reinstatement of police officer honorably discharged from military, reasons for discharge immaterial to rights (U.S., rev den), 520

– State actions summary, 445; 645; 1206; 1303
– Whistleblowing

– – Failure to report illegality to anyone other than supervisor involved no bar to common-law retaliatory discharge claim (Tenn. Ct. App.), 326
– – Retaliation claim advances for optician fired after reporting unlicensed sales (M.D. Tenn.), 282
– – Retaliatory discharge ban clarified under bill awaiting enactment, In Brief, 616
– – Supervisor's online pornography at work not illegal or unsafe, fired foreman not protected (Tenn. Ct. App.), 599

TESTING

– Employment testing after Ricci, attorney analysis indicates guidance, support for employers making hiring, promotions decisions, 1268
– GINA

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– Lie detection

See POLYGRAPH TESTING

– U.S. Supreme Court docket, 2009-2010 term, 1336

TEXAS

– Age, sex bias rejected, route sales rep who used saliva to “clean” expiration dates off snack packs lawfully fired (Texas Ct. App.), 698
– Labor legislation, 2008, DOL reports, 236
– State actions summary, 89; 238; 445; 645; 851; 925; 1149; 1275; 1303
– UMTA preemption rejected, Dallas Area Rapid Transit (DART) enjoys governmental immunity from union's state law breach of contract suit to enforce grievance settlement (U.S., rev den), 818
– Unemployment, DOL extends UI benefit period, 1141

TEXTILE INDUSTRY

– Narricot Indus., ULP, decertification petition tainted by unlawful employer assistance, order to recognize, bargain justified (NLRB), 197

THEATRICAL STAGE EMPLOYEES (IATSE)

– Local 163, absence of vote in merger into Local 500 no basis for withdrawal of recognition, bargaining order upheld (D.C. Cir.), 47

TIPS

– American Airlines skycaps, $2 per bag service charge, Mass. state law barring employers from keeping tips also applies to contractors (Mass.), 1089
– Barback is tipped employee similar to busboy, FLSA minimum wage tip credit applies, Wage and Hour Op. Letter, 399; text, 410
– Cal., Starbucks, tip pooling, $105M award for baristas overturned on appeal, upheld (Cal.), 1253
– Cal., tip pooling among Starbucks baristas, shift supervisors, and “shift leads” lawful, $105M restitution order reversed, appeal planned (Cal. Ct. App.), 761
– Specialty chefs, table-side sushi and Teppanyaki chefs may lawfully participate in tip pool under FLSA, Wage and Hour Op. Letter, 83; text, 100

TIRE INDUSTRY

– Continental Tire N. Am., USW pact, pension agreement dictate that arbitration required in benefits dispute with union, provision survives expiration (4th Cir.), 839
– Goodyear Tire & Rubber, bargaining, bias rights distinguished, arbitration ruling on CBA violation does not bar re-litigating issue in related ADA suit (U.S., rev den), 293

TITLE VII DISCRIMINATION

– Arbitration, Pyett progeny, “extraordinary deference” extended to arbitrator's finding that claimant was not qualified for warehouse position (D. Minn.), 872
– Associational sex bias, no proof that employee who defended co-worker from sexual harassment fired “because of sex,” but protected activity saves retaliation claim (E.D. Pa.), 1166
– Choice of remedies grievance arbitration, administrative, or judicial (U.S., rev den), 1367
– GINA, EEOC seeks comments on proposal to add references to existing ADA rules, 711
– Lilly Ledbetter Fair Pay Act

– – Bill

See LEGISLATION, FEDERAL, HR 11

– – Passage promises work for attorneys, but outcomes uncertain, conferees warned, 482

– Mixed motive, summary judgment analysis, claimant need only show that race, color, sex, religion, or national origin was a motivating factor for adverse action (U.S., rev den), 714
– Race and religious bias, retaliation, bank employee who signed four separate agreements must arbitrate state, federal firing claims (S.D.N.Y.), 223
– Retaliation, scope, 3d party disclosure of sexual harassment during HR probe protected opposition activity, firing claim revived (U.S., rvs), 139; text, 169; remand, jury trial (M.D. Tenn.), 1415
– Sales rep fired for falsifying reports, preclusive effect of SOX administrative ruling bars subsequent challenges alleging bias, pretext (3d Cir.), 541
– Social media policies, monitoring of Facebook, MySpace sites, tips on avoiding liability, 1002

TORTS

– FELA

See FEDERAL EMPLOYERS' LIABILITY ACT (FELA)

– Halliburton d/b/a/ Kellogg Brown & Root, assault, battery, emotional distress, false imprisonment, rape claims not arbitrable (5th Cir.), 1261
– Intentional infliction of emotional distress

See EMOTIONAL DISTRESS

– Invasion of privacy

See PRIVACY

– Jones Act

See MERCHANT MARINE ACT

– Negligence

See NEGLIGENCE

TORTURE VICTIM PROTECTION ACT (TVPA)

– Coca-Cola, conspiracy, paramilitary ties, Colombian labor leaders' consolidated claims against bottling plants dismissed (11th Cir.), 1125

TRADE ADJUSTMENT ASSISTANCE (TAA)

– ETA proposed rules withdrawn, ARRA supersedes, In Brief, 814
– TGAAA

See TRADE AND GLOBALIZATION ADJUSTMENT ASSISTANCE ACT (TGAAA)

TRADE AND GLOBALIZATION ADJUSTMENT ASSISTANCE ACT (TGAAA)

– DOL proposes rule to implement changes to state TAA funding, personnel, summary, 1101; implementation, final rule issued creating Community TAA program, revising TAA for Firms, 1178

TRADE SECRETS

– Adult nightclub operator's bid for TRO to protect “trade secrets” regarding guests, entertainers rejected, no irreparable injury shown (S.D. Ill.), 387

TRAFFICKING VICTIMS PROTECTION ACT (TVPA)

– Immigration status irrelevant to Indian guestworkers' right to sue shipyard alleging visa fraud, forced labor, human trafficking (E.D. La.), 549

TRAINING

– Airline Safety and Pilot Training Improvement Act

See LEGISLATION, FEDERAL, HR 3371

– Enforcement, investigation, monitoring make a comeback at DOL as Solis vows more Wage and Hour, OSHA action, 330
– FLSA

– – Child care, in-service general training not employer-specific, voluntary after-hours program not compensable, Wage and Hour Op. Letter, 361; text, 372
– – Flight attendant trainees not employees under 6-part test, airline need not pay wages during in-flight program, displacement key factor (W.D. Wash.), 276
– – Instruction required to improve job performance, after-class study hours compensable, but employer may limit duration, Wage and Hour Op. Letter, 361; text, 374
– – Job-related training for equipment used at work compensable, including classwork preparation performed at home, Wage and Hour Op. Letter, 361; text, 373

– Mandatory Veteran Specialist Training Act

See LEGISLATION, FEDERAL, HR 1088

– OIG semiannual report to Congress summarized, 845
– Wal-Mart, off-the-clock work, class settlement of $54.25M, civil penalty approved (Minn. Dist. Ct.), 800

TRANSGENDERED INDIVIDUALS

– Discrimination

See GENDER VARIANCE DISCRIMINATION

– Identity issues

See GENDER IDENTITY

TRANSIT UNION (ATU)

– Local 1756, breaks, meal and rest, union lacks standing to sue under Cal. PAGA, unfair competition laws, rights not assignable (Cal.), 965

TRANSPORTATION DEPARTMENT (DOT)

– Drug testing, return-to-work and follow-up, DOT observed urination rule for safety-sensitive jobs upheld (D.C. Cir.), 707; DOT reinstates rule (D.C. Cir.), 1065
– FAA limits on flight, duty time for commercial pilots set for expedited review, update, industry meeting, concerns triggered by Colgan Air crash, 884
– FRA

See FEDERAL RAILROAD ADMINISTRATION (FRA)

– Text messaging ban, 1361

TRANSPORTATION SECURITY ADMINISTRATION (TSA)

– Overtime, premium pay, airport screeners FLSA collective action preempted, agency has complete discretion in setting pay levels (Fed. Cl.), 1287
– Transportation Worker Identification Credential (TWIC), American Samoa, foreign workers, DHS rules non-security maritime workers exempt, 474

TRAVEL AND TOURISM

– Royal Caribbean Cruises, Jones Act, hired dancer injured before sailing not a protected “seaman” because ship had not yet embarked (5th Cir.), 1254

TRAVEL TIME

– FLSA, on-call duty, travel time generally not compensable unless substantial distance, Wage and Hour Op. Letter, 398; text, 413

TREASURY EMPLOYEES (NTEU)

– Retirement benefits

See LEGISLATION, FEDERAL, HR 2647, S 1390

TRENDS

– Communication technology speeds ahead, attorneys cautioned to stay informed, 484
– FLSA compliance spotlighted by aggressive plaintiff's bar, proactive Solis, management attorney offers tips, 978

TRIAL PRACTICE

– Incivility between plaintiff's and defendant's lawyers during discovery triggers order for training, lunch instead of sanctions (E.D. Pa.), 1289
– Preemption

See PREEMPTION

TRUCKING

– CRST Flatbed, CRST Van Expedited, expulsion from Central States pension plan lawful, replacing employees with independent contractors violated adverse selection rule (8th Cir.), 1198

TRUCKING INDUSTRY

– All Pro Logistics, FLSA, trucker with intrastate delivery route not subject to Motor Carrier Act overtime exemption, employer must pay (N.D. Ill.), 869
– Am. Trucking Ass'ns, Cal. ports clean-trucks program barring independent contractor drivers likely unconstitutional, preempted (9th Cir.), 433
– APA Transp., WARN Act, “faltering business” defense rejected, firm liable to workers fired with 6 days notice and workers who lost jobs at other sites (U.S., rev den), 480
– C.H. Robinson Worldwide, sexual harassment, degrading anti-female language, displays actionable even if plaintiff not personally targeted, claim revived (6th Cir.), 736
– CLM Freight Lines, race, national origin bias, fax confirmation of timely EEOC filing sufficient to revive fired driver's claim (7th Cir,), 1191
– DHL Express, WARN Act, offering incentives to quit not improper, layoff notice rules not triggered (N.D. Ill.), 1331
– Drug testing, return-to-work and follow-up, DOT observed urination rule for safety-sensitive jobs upheld (D.C. Cir.), 707; DOT reinstates rule (D.C. Cir.), 1065
– Gainey Transp. Servs., STAA, driver's heat complaint protected, but firing for insubordination lawful (DOL ARB), 555
– Mexico, cross-border trucking, omnibus spending bill

See LEGISLATION, FEDERAL, HR 1105

– Midwest Transp., STAA protected driver's hours complaint, but firing for failure to report lawful (DOL ARB), 1273
– Swifty Transp., ADA, promotions, trucker with prosthetic leg failed to show he was qualified for jobs or that workplace irritations were harassment (7th Cir.), 113
– 357 Corp., ADA, jury verdict for trucker fired after diagnosis of paranoid schizophrenia vacated, improperly based on claims outside pleadings (Mass.), 573
– Watkins Motor Lines, race bias, pattern or practice, EEOC authorized to investigate independent of resolution by parties, subpoena enforceable (7th Cir.), 146
– Yellow Transp., sex bias, FMLA, customer service rep not FAA-exempt, subject to valid arbitration accord, employer's participation in EEOC proceedings no waiver (8th Cir.), 967

TSA

See TRANSPORTATION SECURITY ADMINISTRATION (TSA)

TVPA (TORTURE VICTIM PROTECTION ACT)

See TORTURE VICTIM PROTECTION ACT (TVPA)