Workplace Law Report Index-Summary

WAGE AND HOUR DIVISION

– Appointments and personnel changes, Boylan tapped to head, 552; nomination withdrawn, 1429
– Complaints of wage theft, child labor botched during GAO secret audit, report slams slow, ineffective processes, inadequate tools during Bush era, 439; 466
– DOL reorganization, ESA to be dismantled, program offices will report directly to Solis, 1036
– Enforcement, investigation, monitoring make a comeback at DOL as Solis vows more Wage and Hour, OSHA action, 330
– FLSA compliance spotlighted by aggressive plaintiff's bar, proactive Solis, management attorney offers tips, 978
– Investigators added to reinvigorate FLSA enforcement, monitor compliance by stimulus-fund contractors, 631
– Opinion letters

See MINIMUM WAGE; OVERTIME

– Performance, FY2008 back pay recoveries down from FY2007 record high, 42

WAGES AND SALARIES

– Antitrust, wage suppression, class certification denied (N.D. Ill.), 1350
– Discrimination

See specific types of discrimination

– FLSA

See FAIR LABOR STANDARDS ACT (FLSA)

– Living wage ordinances

See specific states

– Minimum wage

See MINIMUM WAGE

– Overtime

See OVERTIME

– Pay gap

See PAY EQUITY

– Rewarding Achievement and Incentivizing Successful Employees (RAISE) Act

See LEGISLATION, FEDERAL, HR 2732, S 1184

WAIVERS

– ADA

– – Release of claims in RIF-related severance accord valid, enforceable (E.D.N.Y.), 737
– – “Substantive waiver” not enforceable, but office cleaner cannot be compelled to arbitrate where blocked by SEIU pact (S.D.N.Y.), 741

– ADA, arbitration clause no waiver of police officer's right to sue, but constructive discharge elements not satisfied (D. Md.), 1026
– ADEA

– – Release of claims in RIF-related severance accord valid, enforceable (E.D.N.Y.), 737
– – RFOA affirmative defense, waiver not excused, RIFd employees' $4M class award reinstated (N.D.N.Y.), 700
– – Severance accord signed by former budget manager not “knowing and voluntary” waiver, claim proceeds (D.N.J.), 873

– ADEA, early retirement, no Ledbetter Act invalidation (11th Cir.), 1326
– Arbitration

– – Class arbitration, wage claims

– – – Bar on seeking civil penalties on behalf of other employees unconscionable, unenforceable (Cal. Ct. App.), 391
– – – Pizza delivery drivers not required to arbitrate class claims, pact, waiver unenforceable (Cal. Ct. App.), 427

– – EPPA allows no waiver of right to sue, arbitration pact no bar to statutory discharge claim (E.D. Va.), 227; service manager demoted after failing polygraph may proceed with firing suit (E.D. Va.), 808
– – Last chance pact's prospective waiver of right to sue for bias under Ky. law invalid without arbitration option, retaliation claim revived (6th Cir.), 255
– – Mandatory arbitration

– – – FLSA collective action claims, waiver unenforceable (E.D. Pa.), 1190
– – – SEIU pact clause enforceable under NLRA, and ADEA allows (U.S., rvs, rem), 463; text, 486; adverse consequences, ruling could hurt unions, workers with bias claims, ABA told, 524
– – – Statutory bias, collective bargaining, panelists discuss Pyett ruling and issues confronting negotiators, 1113

– – Sex bias, employer's failure to seek during EEOC proceedings no waiver (8th Cir.), 967

– Attorney-client privilege, appealability of discovery order (U.S., oral arg), 1347
– ERISA, beneficiary disputes, barring waiver under valid QDRO, “plan documents” rule governs outcome, benefits properly paid to ex-wife (U.S., aff), 158; text, 173
– ERISA, surviving spouse pension rights, prenuptial agreement (D.N.J.), 1396
– Financial/actuarial reporting requirements amended, PBGC final rule released, summary, 395
– Title VII, choice of remedies grievance arbitration, administrative, or judicial (U.S., rev den), 1367

WAREHOUSES AND DISTRIBUTION CENTERS

– Hale-Halsell, WARN Act, unforeseeable business circumstances exception validates layoffs 3 working days after loss of biggest customer (10th Cir.), 151
– Owens & Minor Distrib., national origin bias, “extraordinary deference” extended to arbitrator's finding that claimant was not qualified for lead position (D. Minn.), 872
– Peerless Importers, hot cargo, loss of delivery work caused by liquor supplier, not distributor, IBT grievance was ULP (2d Cir.), 1132

WARN ACT

See WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

WASHINGTON

– At-will employment, ouster demand not protected activity for “mutual aid or protection,” constructive discharge, firing claims rejected (Wash., en banc), 1228
– Construction trades documents law requires plumbers, electricians, elevator workers to carry licenses and photo ID, 557
– Labor legislation, 2008, DOL reports, 236
– Medical marijuana law bars criminal prosecution, not enforcement of drug-free workplace policy, firing lawful (Wash. Ct. App.), 1295
– Prevailing wage laws enacted defining “independent contractor,” ensuring payment on public works contracts, 557
– Same-sex marriage, state law developments, attorneys discuss benefits impact, tax status consequences, other pitfalls, 612
– State actions summary, 25; 89; 163; 238; 294; 367; 445; 529; 586; 645; 783; 851; 925; 1011; 1071; 1149; 1206; 1275; 1303; 1371

WATER

– CWA

See CLEAN WATER ACT (CWA)

WELLNESS PROGRAMS

See HEALTH INSURANCE

WEST VIRGINIA

– Industrial accident reporting rule adopted, In Brief, 823
– Labor legislation, 2008, DOL reports, 236
– Overtime, race track jobs not FLSA-exempt despite state law duties, racing officials' claims revived (4th Cir.), 629
– State actions summary, 89; 783; 925; 1071; 1149

WHISTLEBLOWERS

– AIR 21

See AVIATION INVESTMENT AND REFORM ACT (AIR 21)

– CAA

See CLEAN AIR ACT (CAA)

– CWA

See CLEAN WATER ACT (CWA)

– Discovery, witness intimidation, carpenter fired for refusing to recant illegal hiring allegations, motion to compel upheld (U.S., rev grant), 161
– ERA

See ENERGY REORGANIZATION ACT (ERA)

– FCA

See FALSE CLAIMS ACT (FCA)

– Fla., airline security violation, protected (S.D. Fla.), 1424
– Ga., county sewer inspectors fired after noncompliance complaints to supervisors not protected under CWA or 1st Amend. (11th Cir.), 745
– Ill., state law claim advances for airline mechanic fired for safety complaints, no preemption (N.D. Ill.), 49
– Mich., questioning insurance agency's compliance with state overtime law was protected activity, fired accountant may sue (Mich. Ct. App.), 1031
– Minn., good faith belief lacking, failure to claim illegality in initial fraud report dooms fired sales manager's claim (8th Cir.), 878
– New Jersey

– – Off-label marketing, pharmaceutical VP failed to link firing to protected activity (S.D.N.Y.), 1330
– – UPS worker fired for refusing to use company Web sites due to privacy concerns has valid claim linked to identity theft law (D.N.J.), 636

– Ohio

– – Currency trader's state law firing claim properly removed to federal court, Edge Act controls lawsuit related to international banking (M.D. Ohio), 261
– – Municipal worker's mistaken report to state EPA made in good faith, protected, but punitive award for unlawful firing rejected (DOL ARB), 554

– Ore., independent investigation, firing decision by higher-up precludes biased subordinate's personal liability, verdict favoring claimant vacated (9th Cir.), 260
– OSHA

– – Enforcement inadequate, more resources, tracking needed, GAO reports to lawmakers, DOL agrees, 331
– – Protecting America's Workers Act

See LEGISLATION, FEDERAL, HR 2067

– Preventive policies reduce exposure to retaliation claims, minimize impact, attorneys advise on legal, practical concerns, 483
– Privacy Act, claim on whether DOI's destruction of performance appraisal was intentional must go to trial (D.C. Cir.), 840
– SOX

See SARBANES-OXLEY ACT (SOX)

– STAA

See SURFACE TRANSPORTATION ASSISTANCE ACT (STAA)

– Tennessee

– – 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

– Whistleblower Protection Enhancement Act

See LEGISLATION, FEDERAL, HR 1507

WISCONSIN

– Direct threats to safety, public policy challenge to arbitrator's reinstatement order “frivolous” where IAM worker no real threat (E.D. Wis.), 144
– Job bias, damages, lawmakers approve tougher penalties for private, public employers, 686; enacted, expands jurisdiction to state circuit court, 821
– Labor legislation, 2008, DOL reports, 236
– Sick leave, WFMLA, no statutory or constitutional right to jury trial for damage suits under state law (Wis.), 1021
– State actions summary, 163; 238; 294; 367; 445; 851; 1071; 1149; 1275; 1303; 1371

WOMEN

– 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

– Obama creates policies council to help improve economic status, promote fairness, 360

WORK/LIFE ISSUES

– Breastfeeding Promotion Act

See LEGISLATION, FEDERAL, HR 2819

– Family and Medical Leave Inclusion Act

See LEGISLATION, FEDERAL, HR 2132

– Family Leave Insurance Act

See LEGISLATION, FEDERAL, HR 1723

– Middle class working families a priority for Obama, executive task force created to address concerns, 187
– Obama agenda on labor and employment law called aggressive, but pragmatic by ABA panelists, 1116
– Women and girls, Obama creates policies council to help improve economic status, promote fairness, 360

WORK SCHEDULES

– Overtime

– – Employer-defined workweek, 9-day schedule in 2-week period does not trigger FLSA requirements, Wage and Hour Op. Letter, 363; text, 376
– – Fluctuating workweek, back pay for misclassified workers, divide biweekly compensation by number of hours actually worked to get regular rate of pay, Wage and Hour Op. Letter, 401; text, 404

WORK STOPPAGES

– Concerted interference, walkout to attend bargaining no-strike violation, not protected mutual aid related to labor dispute, NLRB ruling overturned (D.C. Cir.), 196

WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

– Alert Laid-Off Employees in Reasonable Time (ALERT) Act

See LEGISLATION, FEDERAL, HR 2077

– DHL Express, offering incentives to quit not improper, layoff notice rules not triggered (N.D. Ill.), 1331
– “Faltering business” defense rejected, trucking firm liable to workers fired with 6 days notice and workers who lost jobs at other sites (U.S., rev den), 480
– Federal Oversight, Reform, and Enforcement of the WARN (FOREWARN) Act

See LEGISLATION, FEDERAL, HR 3042, S 1374

– Independent contractor status, reclassification as employees, attorney advises on ten more consequences for employers, 1143
– Pre-bankruptcy claims, petition for pension benefits, WARN Act debt not priority administrative expenses (6th Cir.), 229
– Unforeseeable business circumstances exception validates layoffs 3 working days after loss of biggest customer (10th Cir.), 151

WORKERS' COMPENSATION

– Cal., court withdraws ruling that state labor code guarantees additional benefits for overtime work performed in-state by nonresidents, seeks clarification from high court (9th Cir.), 252
– Independent contractors, reclassification as employees, ten legal, tax, and benefits consequences explained, 1067
– LHWCA

See LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT (LHWCA)

– N.J., willful coverage violations, stop-work penalty bill enacted, 1041
– N.C., toxic tort claim fails for resident advisor at state university, workers' compensation exclusive remedy (U.S., rev den), 358

WORKERS' COMPENSATION PROGRAMS OFFICE (OWCP)

– DOL reorganization, ESA to be dismantled, program offices will report directly to Solis, 1036

WORKFORCE INVESTMENT ACT (WIA)

– DOL ARB decisions, briefly, 685

WORKPLACE POLICIES

– Electronic monitoring

– – Privacy violations, liability, ABA panel advises careful action, transparent and realistic policies, guidance, 1115
– – Social media, Facebook, MySpace sites, tips on avoiding SCA, Title VII, NLRA liability, 1002

WYOMING

– State actions summary, 716; 783; 1149; 1303