Workplace Law Report Index-Summary

TAXATION

– Cash balance plans, tax treatment under PPA, IRS releases proposed regulations, overview, 24
– Compensatory damages, environmentalist who won whistleblower suit must pay federal tax on emotional distress and injury to reputation award (U.S., rev den), 577
– Downsizing, liability for facility shutdowns, PBGC steps up enforcement of final rule, 672
– FLSA, MSPA, farmworkers charge bean grower with Social Security withholding violations (S.D. Fla.), 80
– Independent Contractor Proper Classification Act

See LEGISLATION, FEDERAL, S 2044

– IRS regulations preempt Pa. law claims alleging independent contractor misclassifications, improper tax deductions (3d Cir.), 1243
– Jobs, Energy, Families, and Disaster Relief Act

See LEGISLATION, FEDERAL, S 3335

– Minn., health insurance tax credits, enacted, In Brief, 815
– Payroll tax compliance enforcement, staff attorney addresses professionals on IRS efforts to step up, pending legislation, 1228
– Recovery Rebates and Economic Stimulus for the American People Act

See LEGISLATION, FEDERAL, HR 5140

– Same-sex marriage, Cal. high court strikes down state ban (Cal.), tax effects discussed, 694

TEAMSTERS (IBT)

– Coca-Cola Enters., employee's decertification petition reinstated, MOU on distribution methods improperly ruled contract bar (NLRB), 1165
– Local 75, outside organizing costs not shown to be chargeable to nonmembers under Beck, fair representation breach (D.C. Cir.), 565
– Local 294, WeCare Transp., presumption favoring single-facility election rebutted, unit must cover drivers at two terminals, petition withdrawn (NLRB), 1275
– Local 523, agreement with bakery to endtail rather than dovetail seniority of non-member sales rep when units merged was ULP (NLRB), 1312
– Local 716, anti-union animus, numerous ULPs, interim injunction upheld against concrete firm (7th Cir.), 1374
– Locals 810, 815, representation, rejected unions claim ICE audit during FreshDirect election intimidated workers, Special Report, 128
– Miss. Riverboat Council, assignment of obligations, neutrality/card-check pact not binding on successor owner of casino which had closed operations (5th Cir.), 936
– North American Airlines, first-contract bargaining, carrier's unilateral changes to pilot's terms and conditions no RLA violation, status quo not required (9th Cir.), 375

TELECOMMUNICATIONS

– Arch Wireless Operating, SCA, service provider violated federal law 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
– AT&T

– – Ameritech Pension Benefit Plan, ERISA, new actuarial assumptions improperly reduced early retirees' lump-sum payment (U.S., rev den), 810
– – Pregnancy bias, workers denied service credits based on calculations using pre-PDA system entitled to summary judgment (U.S., brief sought), 136; review urged (U.S., brief filed), 735; (rev grant), 915; status discussed, 1329

– Detecon, FLSA, retaliation claim revived where former employer sued for fraud, breach of contract in response to overtime suit (4th Cir.), 182
– Illinois Bell Telephone, performance management plan implementation potential pact breach, IBEW recognition clause triggers arbitration (U.S., rev den), 416
– Lucent Techs., ERISA, death benefits to spouses are welfare benefits, not covered by anti-cutback rule, lawfully removed by plan amendment (3d Cir.), 1225
– Mich. Bell Tel., FMLA eligibility, intermittent leave approval did not carry over into next 12 months, re-evaluation required (6th Cir.), 1364
– RagingWire Telecomm., criminal law permitting use of medical marijuana not applicable to employment, firing upheld (Cal.), 156
– SBC Communications

– – Pac. Telesis Grp, “kin care” law mandating use of sick leave to care for others applies to “sickness absence” provision in CBA (Cal. Ct. App.), 716
– – SBC Ameritech, Title VII, title change, denial of discretionary bonus, larger raise not adverse actions, ADA disability not shown (7th Cir.), 498

– Sprint

– – Sprint Nextel, jihad queries not stray remarks, rejected Yemeni Muslim applicant showed pretext for bias, may sue (W.D. Wash.), 436
– – Sprint/United Mgt., ADEA, admissibility of “me too” testimony from other employees depends on fact-intensive, context-specific inquiry (U.S., vac and rem), 281; text, 306

– Verizon

– – ERISA, reductions in cash balance plan accrual due to time value of money, not attainment of age, bias claims rejected (2d Cir.), 968
– – Verizon Wireless, ADEA, manager's yawn during promotions interview not proof of hidden bias (1st. Cir.), 839

– Verizon NW, unemployment benefits properly denied under employer-initiated layoff exceptions to statute, RIFd managers left voluntarily, without good cause (Wash.), 1437

TELECOMMUTING

– Telework Improvements Act

See LEGISLATION, FEDERAL, HR 4106

TELEVISION

– Broadcast

See BROADCASTING INDUSTRY

– Cable and satellite

See CABLE AND SATELLITE SERVICES

– Subscription

See CABLE AND SATELLITE SERVICES

TEMPORARY AGENCIES

– Gotham Registry, FLSA, referral service required to pay nurses for overtime even where not authorized (2d Cir.), 145
– Kelly Servs., religious bias, firm will appeal verdict favoring ex-employee allegedly denied promotion for non-membership in Fellowship of Friends (E.D. Cal.), 531; jury verdict upheld but punitive damages nine times compensatory award reduced (E.D. Cal.), 1086
– Northeastern Land Servs. d/b/a NLS Group, confidentiality clause barring disclosure of employment terms violated NLRA (NLRB), 965
– Spherion Pac. Work, “hours worked,” agency not required to pay earned wages immediately upon completion of every assignment (C.D. Cal.), 1154

TENNESSEE

– Emotional distress claimant's sexual abuse at 13 relevant to, admissible for diagnosis of present condition in sexual harassment claim (E.D. Tenn.), 1431
– Immigration

– – Ban on pay for illegal workers most likely unconstitutional, conflicts with FLSA, AG says, 581
– – Public employee complainant identity bill sent to governor, English-only bill defeated, 581; complainant identity bill enacted, In Brief, 643

– Metro Gov't of Nashville

– – 4th Amend., breathalyzer testing of off-duty police officer not unreasonable seizure despite fear of job loss (6th Cir.), 157
– – Retaliation, scope, revealing sexual harassment during HR probe not protected (U.S., rev grant), 134; facts discussed, 1329; (U.S., oral arg), 1361
– – USERRA, suspicion of dishonesty, police fitness for duty procedures no defense for delaying re-employment (6th Cir.), 1151

– Noncompete agreement enforceable, transition from sole proprietorship to corporation does not impact employer's standing to sue (Tenn. Ct. App.), 569
– Race bias, disparate treatment, Chattanooga employee fired for setting off firecracker at work awarded $120K (E.D. Tenn.), 43
– Racial harassment, trucking firm liable for failure to prevent or control, maximum damages upheld (6th Cir.), 686
– SOX whistleblower complaint dismissed, but ADA, state law retaliation claims may proceed (E.D. Tenn.), 541
– State actions summary, 384; 514
– Workers' compensation, welder can proceed with retaliatory firing claim, jury will weigh alleged deception about prison record (W.D. Tenn.), 465

TESTING

– Genetic Information Nondiscrimination Act (GINA)

See LEGISLATION, FEDERAL, HR 493, S 358

TEXAS

– Immigration, El Paso County approves resolution calling for moratorium on workplace raids, 702
– INA, scheme to smuggle women from Central America and force them to work in Houston bars triggers prison sentence, restitution (S.D. Texas), 698
– Restrictive covenants, consideration lacking for stuntman's noncompete promises, pact unenforceable (Texas Ct. App.), 1166
– Richmond State School, USERRA, jurisdiction, federal court cannot hear claim brought by dentist against state employer, supervisor (5th Cir.), 1213
– Same-sex harassment, public employee's right to sue upheld, but San Antonio custodian failed to show bias, verdict vacated (Tex. App.), 1088
– State actions summary, 29; 102; 319; 384; 514; 582; 644; 703; 783; 858; 1066
– Unsafe workplace, injured employee's state law negligence claim viable independent of ERISA, no preemption (5th Cir.), 124

THREATS

– Extortion verdict unjustified, bogus threat to sue employer not a crime under state law (Md.), 767

TIMBER INDUSTRY

– B.A. Mullican Lumber & Mfg., recognition legally withdrawn, statements, letter objective proof of majority-backed ouster (4th Cir.), 1056

TIPS

– Cal., tip pooling among Starbucks baristas, shift supervisors, and “shift leads” unlawful (Cal. Sup. Ct.), 401; court orders $105M in restitution to baristas, appeal planned, 430
– Cruise boat operator who includes gratuities in ticket price must share banquet and meal service charges with wait staff (N.Y.), 244
– FLSA

– – Portal-to-Portal Act, statutory changes, court rulings trigger DOL proposed rule to align regulations, overview, 1049; comment period extended, In Brief, 1196; unions say DOL should drop proposal, Special Report, 1408
– – Restaurant chain's mandatory tip sharing, “dine and dash” fund contributions unlawful, 1272

– Mass., American Airlines $2 per bag service charge deprived skycaps of tips, jury awards $325K for state law violation (D. Mass.), 494; carrier bans tips for skycaps at Boston's Logan Airport, 642
– Minnesota FLSA

– – Caribou Coffee, nonmanagerial worker seeks class status in suit over forced tip pooling, sharing (Minn. Dist. Ct.), 1155
– – Starbucks, barista seeks class status in suits over forced tip pooling, sharing (D. Minn.), 1155
– – VCG Holding, forced tip pooling, other wage violations, night club workers seek class status (Minn. Dist. Ct.), 1155

– Republic Rest., FLSA, discovery, delivery personnel suing for minimum wage and overtime need not produce tax returns to show number of work hours (S.D.N.Y.), 463
– Right to sue, casino dealers lacked standing to file tip-pooling challenge, administrative process adequate remedy (Nev.), 1393

TIRE INDUSTRY

– Continental Tire, LMRA, ERISA, $158M to VEBA settles retirees' claims over vested health benefit contributions (N.D. Ohio), 571
– Firestone Fibers and Textiles, religious accommodation reasonable, further time off for Sabbath, holiday observances cause undue hardship (4th Cir.), 205
– PolyOne, formerly B.F. Goodrich, retiree health benefits vested where linked in CBA to eligibility for pension benefits, LMRA claim revived (6th Cir.), 408

TITLE VII DISCRIMINATION

– Association bias actionable where race-based, claim revived for coach fired due to interracial marriage (2d Cir.), 463
– Choice of remedies, CBA clause requiring state employees to choose between grievance arbitration and administrative, judicial remedies no violation (2d Cir.), 957
– Civil Rights Act of 2008

See LEGISLATION, FEDERAL, HR 2159, S 2554

– Dismissal of charges, 3 grounds cut in new EEOC rule, 127
– Fair Pay Act

See LEGISLATION, FEDERAL, S 2945

– Familial status not a protected classification, invalid basis for fired family's bias claim (10th Cir.), 183
– Federal worker's “mental incapacity” not severe enough to toll 45-day window for EEO counseling, 3-year lapse unjustified (8th Cir.), 339
– Omission of felons as protected class no constitutional violation, substitute teacher may not challenge school district's hiring bar (5th Cir.), 659
– Retaliation

– – Associational bias, en banc rehearing ordered (6th Cir.), In Brief, 1089
– – Failure to hire, children of bias claimant not protected, but employee's claim based on same facts advances (D.N.M.), 1055
– – Immediate advisor exemption rejected, attorney who represented city in EEOC mediation protected from firing when opposing counsel became mayor (10th Cir.), 1272
– – Scope, revealing sexual harassment incidents during HR probe not protected participation or opposition activity (rev grant), 134; facts discussed, 1329; (U.S., oral arg), 1361

– Title VII Fairness Act

See LEGISLATION, FEDERAL, S 3209

TORTS

– Emotional distress

– – 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
– – Compensatory damages, whistleblower must pay federal taxes on award (U.S., rev den), 577
– – Disability bias, resume fraud does not limit punitive, tort damages for hostile environment (N.J.), 773
– – Halliburton, Iraq risks misrepresented, civilian truck drivers' claims, improperly dismissed under political question doctrine, reinstated (5th Cir.), 778
– – N.J. firing claims revived based on supervisor's homosexuality slurs (N.J. Sup. Ct., App. Div.), 1159
– – Racial and sexual harassment, $2M judgment against restaurant employer vacated due to flawed jury instruction (11th Cir.), 403
– – Racial harassment, trucking firm liable for failure to prevent or control, maximum damages upheld (6th Cir.), 686

– Emotional distress claimant's sexual abuse at 13 relevant to, admissible for diagnosis of present condition in sexual harassment claim (E.D. Tenn.), 1431
– FELA

See FEDERAL EMPLOYERS' LIABILITY ACT (FELA)

– Fla., ERISA no bar to whistleblower's claim for union interference with directorship (Fla. Dist. Ct. App.), 607
– Fraudulent inducement, chefs brought from Mexico may sue, administrative hearing on related wage claims no bar (Cal. Ct. App.), 189
– Fraudulent misrepresentation, part-time worker fired after inquiring into promised full-time benefits showed inducement, reliance, suit advances (D. Hawaii), 849
– Interference, trade secrets, firm awarded $23M for ex-employees' collusion with rival (Ohio Ct. C.P.), 86
– Invasion of privacy

– – Cameras hidden in office-locker room, principal not immune from gym teachers' claims (E.D. Mich.), 567
– – Intrusion upon seclusion, Okla. claims viable for weight loss center sales consultant, but firing claims rejected (W.D. Okla.), 1003

– Retaliatory discharge, Ill. deckhand who reported crew's illegal drug use after he was fired has viable common law claim (7th Cir.), 119

TRADE ADJUSTMENT ASSISTANCE (TAA)

– Bush urges Congress to pass Colombia FTA, wants discussions on pact, TAA, 414
– Consolidated Security, Disaster Assistance, and Continuing Appropriations Act

See LEGISLATION, FEDERAL, HR 2638

– Reauthorization

– – Commerce official Padilla says TAA, FTA bills could move at same time, Baucus (D-Mont) disagrees, 222
– – 3-month extension under the Trade Act of 1974

See LEGISLATION, FEDERAL, HR 4341

– – Trade and Globalization Adjustment Assistance Act

See LEGISLATION, FEDERAL, S 1848

TRADE ASSOCIATIONS

– Undocumented workers, Ariz. Contractors Ass'n challenges state hiring sanctions bill, enforcement postponed pending ruling (D. Ariz.), 164; constitutional challenge rejected, law upheld (D. Ariz.), 219

TRADE SECRETS

– Ohio

– – “Faithless servants,” firm awarded $23M for ex-employees' collusion with rival (Ohio Ct. C.P.), 86
– – Memorized data qualifies as stolen secrets under state law (Ohio), 217

– Silicon Test Sys., 5-month ban ordered on marketing and distribution of tech product based on former employer's trade secrets (N.D. Cal.), 342

TRAINING

– DOL budget, FY2009, Bush administration proposal, cuts, 194; state workforce officials urge House panel not to cut DOL training funds as recession looms, 380
– Dow Chem., mandatory training, engineers' overtime claims settled with back pay, DOL accord, 181
– Job Corps, DOL OIG's semiannual report to Congress, overview, 808
– Overtime calculations, computer training at home requires timekeeping, Wage and Hour Op. Letter, 354
– Societal benefits outweigh costs, offers an alternative to offshoring, foreign labor, House witnesses urge more investment, 300
– Virtual world environments present challenges, training opportunities, ABA panelists explain, 639
– WIA

See WORKFORCE INVESTMENT ACT (WIA)

– Workforce Innovation in Regional Economic Development (WIRED) Act

See LEGISLATION, FEDERAL, S 2744

TRANSFER OF WORK

– Burlington N. Santa Fe R.R., STB governs transfer of switching work under trackage rights pact, RLA challenge properly dismissed (9th Cir.), 844

TRANSGENDERED INDIVIDUALS

– Discrimination

See GENDER VARIANCE DISCRIMINATION

– Identity issues

See GENDER IDENTITY

TRANSPORTATION DEPARTMENT (DOT)

– Budget

See LEGISLATION, FEDERAL, S 3261

– Cross-border trucking

– – DOT extension of program draws Hill opposition, vows of action, 1095
– – Senate rejects funding to implement Mexican truck program, 1009

– Drug and alcohol violations, disclosure to state licensing authorities may be lawful under interim rule, In Brief, 853
– Drug testing, UPS driver who failed test cannot sue for procedural violations of Okla. law, DOT standards control industry (10th Cir.), 806
– Return-to-work and follow-up drug testing, DOT rule expands use of observed urination for safety-sensitive positions, 1036; rule delayed, 1195

TRANSPORTATION SECURITY ADMINISTRATION (TSA)

– Security background checks, false statements, misrepresentation prohibited, interim final rule, 1062
– Security, Transportation Worker Identification Credential (TWIC) program rollout fairly smooth, House panel told, 127

TRANSPORTATION UNION (UTU)

– Burlington N. Santa Fe R.R., STB governs transfer of switching work under trackage rights pact, RLA challenge properly dismissed (9th Cir.), 844

TRAVEL AND TOURISM

– Four Amigos Travel, FLSA retaliation, temporal proximity lacking, opt-in plaintiff failed to link protected activity to termination seven months later (11th Cir.), 180

TRAVEL EXPENSES

– Brickman Group, FLSA, fees charged to H-2B workers reduced wages below minimum (E.D. Pa.), 44
– Staples, “for cause,” employee fired for padding travel, expense reports forefeited right to exercise stock options (1st Cir.), 1194

TRAVEL TIME

– Portal-to-Portal Act, federal law enforcement officer's commutes in government-owned vehicles properly ruled not compensable under FLSA (U.S., rev den), 60

TRENDS

– Blogs, networking sites, web videos now generate many privacy disputes, speakers explore altered landscape, 1038
– Class actions, workplace litigation report reflects minimal CAFA impact on pace and volume of 2007 filings, 131
– Green workplace, environmental responsibility policies instituted in almost half of U.S. firms appeal to workers, SHRM reports, 115
– Virtual world environments present challenges, training opportunities, ABA panelists explain, 639

TRIAL PRACTICE

– Class actions

See CLASS ACTIONS

– Damages

See DAMAGES

– Discovery

See DISCOVERY

– Employer's insurance can mean more money to settle class actions, Natl. Empl. Lawyers Ass'n (NELA) attorneys review tips, tactics, 981
– Evidence

See EVIDENCE

– Improper filing, male prison inmate known as frequent filer withdraws baseless intervention motion to avoid sanctions (W.D.N.C.), 1215
– Issue preclusion

See COLLATERAL ESTOPPEL

– Limitations periods

See STATUTES OF LIMITATIONS

– Locating and interviewing bias witnesses, Natl. Empl. Lawyers Ass'n (NELA) speakers share tricks, techniques, 980
– Pleading, FRCP Rule 8(a), dismissal with prejudice of overly long race bias complaint was abuse of discretion, claims revived (9th Cir.), 998
– Representing undocumented immigrants, Natl. Empl. Lawyers Ass'n (NELA) attorneys address difficulties, offer tips, 979
– Subpoenas

See SUBPOENAS

TRUCKING INDUSTRY

– Cassens Transport, RICO, pattern of activity shown, suit alleging scheme to deny workers' comp benefits reinstated (6th Cir.), 1435
– C.H. Robinson Worldwide, sexual harassment, sex-specific conduct, language actionable even if plaintiff not targeted, claim revived (11th Cir.), 626
– C.J. Dannemiller, delivery driver who called employer a liar fired for insubordination, STAA claim properly rejected (6th Cir.), 1436
– Crete Carrier, STAA, interstate trucker fired for poor planning, late deliveries on time-sensitive assignments, ARB ruling upheld (7th Cir.), 1191
– Cross-border trucking

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

See LEGISLATION, FEDERAL, HR 6630, S 3261

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

– Frattarelli Bros., Podesta, delinquent contributions, union, non-union firms acted as single employer, integrated enterprise renders both liable (E.D.N.Y.), 908
– Mail Contractors of Am. (MCA), no ULP in bulk mail contractor's unilateral shift of transportation “relay point” following impasse, during strike (D.C. Cir.), 188
– Marten Transp., STAA, interstate driver unlawfully fired after “excessive” safety complaints (DOL ARB), 982
– Natl. Freight (NFI), overtime, failure to prove driver engaged in interstate commerce propels FLSA case to trial (M.D. Fla.), 1182
– Owner-Operator Indep. Drivers Ass'n, employment histories not consumer reports under FCRA, truckers have no claim over non-consensual use, sale of data (10th Cir.), 1179
– Return-to-work and follow-up drug testing, DOT rule expands use of observed urination for safety-sensitive positions, 1036; rule delayed, 1195
– Roadway Express, FMLA interference, workers' comp retaliation, union pact not clear waiver, trucker terminated as voluntary quit may sue (N.D. Ohio), 929
– Security, Transportation Worker Identification Credential (TWIC) program rollout fairly smooth, House panel told, 127
– TNT Logistics N. Am., no actual malice in drivers' letters falsely accusing managers of requiring underreporting driving time, firing was ULP (6th Cir.), 118
– USF Holland, racial harassment, firm liable for failure to prevent or control, maximum damages upheld (6th Cir.), 686
– West Side Transp., STAA, reinstatement order “automatic” remedy in retaliatory discharge cases, remanded (DOL ARB), 781
– Yellow Transp., STAA retaliation, warning letter without tangible job consequences insufficient for adverse action (DOL ARB), 1382

TSA

See TRANSPORTATION SECURITY ADMINISTRATION (TSA)