Workplace Law Report Index-Summary

WAGE AND HOUR DIVISION

– Administrator, Passantino nominated to head, 348
– FLSA enforcement needs improvement, GAO reports, agency official defends record, House hearing, 1037
– Opinion letters

See FAIR LABOR STANDARDS ACT (FLSA); OVERTIME

– Performance, FY2007 set record high in back pay recovery, mostly FLSA enforcement, statistics reviewed, Special Report, 26
– Portal-to-Portal Act, FLSA, 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

WAGES AND SALARIES

– Commissions

See COMMISSIONS

– FLSA

See FAIR LABOR STANDARDS ACT (FLSA)

– Household income, earnings variability has changed little since 1980s, CBO volatility study, 974
– Living wage ordinances

See specific states

– Minimum wage

See MINIMUM WAGE

– Overtime

See OVERTIME

– Paycheck Fairness Act

See LEGISLATION, FEDERAL, HR 1338, S 766

– Premium pay

See PREMIUM PAY

WAIVERS

– 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
– ADEA, arbitration clause in CBA void to extent it waives right to sue under federal statutes (U.S., rev grant), 260; status discussed, 1329
– Choice of remedies, CBA provision requiring state employees to choose between grievance arbitration and administrative, judicial remedies no Title VII violation (2d Cir.), 957
– ERISA bars assignment, alienation of plan benefits, QDRO required to waive rights in divorce (U.S., rev grant), 263; status discussed, 1329; plan document rule examined (U.S., oral arg), 1345; supplemental briefings sought on plan document rule (U.S., brief sought), 1440
– FLSA collective actions, waiver of opt-in requirement valid, opt-out class arbitration may proceed (4th Cir.), 150; (U.S., rev den), 1347
– 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
– FMLA retrospective claim waived by severance-related release, Act prohibits prospective waiver of rights (N.D. Ill.), 1152
– Mandatory arbitration

– – Cal. statutory right to sue for overtime unwaivable, class action ban unenforceable where significantly more effective in vindicating rights (U.S., rev den), 470
– – Unconscionability ruling reversed, but lawsuit over rights to employee's trading model could have been waiver if prejudicial, remanded (3d Cir.), 527

– N.Y. Whistleblower Law, untimely filing of claim under general statute no bar to subsequent claim under Health Care Whistleblower Law (N.Y.), 966
– Overtime, class decertification bars arbitration of claims, ex-members must sue as individuals (D. Minn.), 45
– Severance benefits unlawfully conditioned on waiver of FLSA claims, TRO issued to bar (N.D. Ga.), 669
– WARN Act, handbook's assertion of at-will employment no waiver, certified class action may proceed against 2 firms operating as single employer (W.D. Ark.), 404
– Work product privilege not waived by disclosure of report to EEOC, discovery barred (S.D.N.Y.), 933

WAREHOUSES AND DISTRIBUTION CENTERS

– FreshDirect, interference, rejected unions claim ICE audit during representation election intimidated workers, Special Report, 128
– McLane

– – Overtime, retail merchandising specialists not exempt outside salespeople, $156M settles DOL charges, 208
– – Whistleblower retaliation, after-hours videotaping at food services warehouse violated loitering ban, not protected (D. Ore.), 9

– OSHA inspections, seven industries added, 299
– St. George Warehouse, ULPs, mitigation, back pay claimants have burden to prove reasonable efforts to find work, NLRB issues guideline memo, 1339

WARN ACT

See WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

WASHINGTON

– Arbitration pact limiting pool of arbitrators to franchisee's employees violates neutrality, unenforceable (Wash. Ct. App.), 215
– Disabilities, question certified whether separation of powers doctrine bars retroactive application of expanded definition (9th Cir.), 1307
– Domestic violence, public policy protects victims from leave-related discharge (Wash.), 1402
– Environment, governor enacts bill to reduce greenhouse emissions, create green jobs, 421
– Free speech, ferries engineer not required to report management corruption as part of job duties, speech protected under 1st Amend. (9th Cir.), 84
– LEOFF, injured firefighter, police trainees may sue city for damages in addition to workers' compensation under state law (Wash.), 53
– Port of Seattle, vested retiree benefits conferred in ILWU pact are deferred compensation surviving expiration of pact (Wash.), 1404
– Religious bias, contraception, rule barring pharmacists from refusing to dispense “morning after” pill temporarily enjoined, stay pending appeal denied (9th Cir.), 627
– State actions summary, 29; 102; 165; 319; 384; 451; 514; 582; 644; 783; 858; 948; 1011; 1066; 1200; 1232; 1291; 1353; 1414
– Unemployment benefits properly denied under employer-initiated layoff exceptions to statute, RIFd managers left voluntarily, without good cause (Wash.), 1437

WASHINGTON STATE NURSES ASSOCIATION (WSNA)

– Hospital ban on nurses wearing union Safe Staffing buttons in patient areas was ULP, reversed, remanded to NLRB (9th Cir.), 691

WASTE DISPOSAL

– WeCare Transp., presumption favoring single-facility election rebutted, IBT unit must cover drivers at two terminals (NLRB), 1275

WEAPONS

– Guns

See FIREARMS

WEIGHT LOSS INDUSTRY

– LA Weight Loss Ctrs., electronic monitoring, privacy, federal wiretap claims viable for sales consultant, but firing claims rejected (W.D. Okla.), 1003

WEST VIRGINIA

– State actions summary, 102; 384; 644; 703; 948; 1232

WGA

See WRITERS GUILD (WGA)

WHISTLEBLOWER PROTECTION ACT (WPA)

– Interior Dept., incorrect standard employed, Park Police chief's budget critiques to press protected if linked to public safety, remanded (Fed. Cir.), 249

WHISTLEBLOWERS

– AIR 21

See AVIATION INVESTMENT AND REFORM ACT (AIR 21)

– California

– – Police officer who complained about supervisor's racial slurs wins $3.1 retaliation verdict (Cal. Super. Ct.), 1275
– – Protections enacted for local government employees, 1321
– – State law claim advances for DOE lab auditor, but federal retaliation rejected (D.N.M.), 847

– Colo., manager fired after challenging illegal sales practices wins $1.4M award, steel building firm, owner jointly and severally liable (Colo. Dist. Ct.), 967
– Compensatory damages, environmentalist who won suit must pay federal tax on emotional distress and injury to reputation award (U.S., rev den), 577
– Defense contractors

See LEGISLATION, FEDERAL, HR 1585; LEGISLATION, FEDERAL, HR 4986

– ERA

See ENERGY REORGANIZATION ACT (ERA)

– FCA

See FALSE CLAIMS ACT (FCA)

– Florida

– – ERISA preempts retaliatory firing claim by union fund official who reported embezzlement, but not tort claim (Fla. Dist. Ct. App.), 607
– – Finality, FRCP Rule 54(b) certification of final judgment not sought, procedural errors barred appeal of summary judgment favoring city (U.S., rev den), 604
– – No protection for “perceived potential applicant” for city job who reported dumping of hazardous waste in reservoir (DOL ARB), 512

– Idaho, malice in reference to coworkers as “Muffy and Buffy” in secret time log is jury issue, retaliation claim revived (Idaho), 1429
– Ill., deckhand who reported crew's illegal drug use after he was fired not protected (7th Cir.), 119
– Minnesota

– – In-house attorney has no retaliation claim, reporting legal violations was job duty (Minn. Ct. App.), 845
– – Nursing director's complaints about legal violations not protected, reporting noncompliance part of job duties (8th Cir.), 216

– N.Y. Whistleblower Law, untimely filing of claim under general statute no bar to subsequent claim under Health Care Whistleblower Law (N.Y.), 966
– N.C., administrative settlement no bar to fired highway patrol officer's retaliation suit, revived (N.C. Ct. App.), 1252
– Ore., after-hours videotaping at food services warehouse violated loitering ban, not protected (D. Ore.), 9
– Pa., auditor had no statutory duty to report safety violations to FDA, firing lawful (3d Cir.), 1377
– Puerto Rico, would-be whistleblower's reports to hotel management rather than courts or agencies not protected (1st Cir.), 625
– Retaliation claims increasing, OSHA caseload reviewed, law still developing, lawyers told, 693
– SOX

See SARBANES-OXLEY ACT (SOX)

– STAA

See SURFACE TRANSPORTATION ASSISTANCE ACT (STAA)

– WPA

See WHISTLEBLOWER PROTECTION ACT (WPA)

– Yerlington Copper Mine, environmental whistleblower's mine cleanup claims protected under Safe Water Act, award upheld (DOL ARB), 1229

WIA

See WORKFORCE INVESTMENT ACT (WIA)

WISCONSIN

– Clothes changing, $1.2M settles poultry workers' class wage claims, preliminarily approved (D. Minn.), 243
– FMLA medical certification forms improperly substituted, late-filed, spouses fired for absenteeism fail to show interference (7th Cir.), 657
– Restrictive covenants extending 2-year restrictions if violated void and unenforceable (Wis. Ct. App.), 49
– State actions summary, 29; 165; 229; 384; 451; 582; 703; 783; 858; 948; 1011; 1291

WITNESSES AND TESTIMONY

– ADEA, admissibility of “me too” testimony from other employees depends on fact-intensive, context-specific inquiry (U.S., vac and rem), 281; text, 306
– Implicit bias in workplace, EEOC seeks large class action cases, considers use of expert witnesses for individual claims, 548
– Locating and interviewing bias witnesses, Natl. Empl. Lawyers Ass'n (NELA) speakers share tricks, techniques, 980

WOMEN

– Paycheck Fairness Act

See LEGISLATION, FEDERAL, HR 1338, S 766

WORK/LIFE ISSUES

– Family-Friendly Workplace Act

See LEGISLATION, FEDERAL, HR 6025

WORK SCHEDULES

– Four-day weeks

See COMPRESSED WORKWEEKS

WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

– Bakery posted notice of temporary closure but never reopened prior to sale, unforeseen business circumstance, good faith may trigger exemption (N.D. Ill.), 535
– Gen. Trucking, Basic Constr., handbook's assertion of at-will employment no waiver of right to sue, certified class action may proceed against 2 firms operating as single employer (W.D. Ark.), 404

WORKERS' COMPENSATION

– FECA

See FEDERAL EMPLOYEES' COMPENSATION ACT (FECA)

– N.Y., governor enacts bill to regulate group self-insured trusts, 985
– Ohio

– – Crack cocaine dealer considered “employed,” ineligible for continued benefits (Ohio), 77
– – Elderly blind man's interaction with customers does not show ability to work, benefits termination properly denied (Ohio), 1395
– – Retaliation, union trucker terminated as voluntary quit may sue (N.D. Ohio), 929

– Ore., retaliation, Starbucks barista entitled to jury trial (D. Ore.), 243
– Retaliation, union trucker terminated as voluntary quit may sue (N.D. Ohio), 929
– RICO, pattern of activity shown, suit alleging scheme to deny benefits reinstated, Mich. law no bar (6th Cir.), 1435
– Taxpayer Responsibility, Accountability, and Consistency Act

See LEGISLATION, FEDERAL, HR 5804

– Tenn., welder can proceed with retaliatory firing claim, jury will weigh alleged deception about prison record (W.D. Tenn.), 465
– Wash., injured firefighter, police trainees may sue city for damages in addition to benefits under state law (Wash.), 53

WORKFORCE INVESTMENT ACT (WIA)

– Budget, FY2009, state workforce officials urge House panel not to cut DOL job training, employment service funds as recession looms, 380
– ETA five-year strategy for researching, evaluation top issues released, 55
– Societal benefits outweigh costs, offers an alternative to offshoring, foreign labor, House witnesses urge more investment, 300
– State financial reporting, DOL standards, OIG's semiannual report to Congress, overview, 808
– Workforce Innovation in Regional Economic Development (WIRED) Act

See LEGISLATION, FEDERAL, S 2744

WORKPLACE POLICIES

– Faith-based employers should not mandate religious service attendance, ABA panelists offer policy tips, 547

WPA

See WHISTLEBLOWER PROTECTION ACT (WPA)

WRITERS GUILD (WGA)

– Conflicts of interest, networks' bid to disqualify union's law firm from also representing reality show employees rejected, valid waivers signed (Cal. Ct. App.), 766

WYOMING

– State actions summary, 29; 165; 451; 644; 858; 1291; 1414