Workplace Law Report Index-Summary

JOB CREATION

– Americans Want to Work Act

See LEGISLATION, FEDERAL, S 3706

– ARRA impact, 2d quarter, 2010, CBO report, 1274
– Creating American Jobs and Ending Offshoring Act

See LEGISLATION, FEDERAL, S 3816

– Davis-Bacon, Buy American requirements slow down stimulus projects, GAO report, 309
– HIRE Now Tax Cut Extension Act

See LEGISLATION, FEDERAL, HR 6105, S 3623

– Hiring Incentives to Reinvest and Incentivize New Growth Act

See LEGISLATION, FEDERAL, HR 4437

– Hiring Incentives to Restore Employment (HIRE) Act

See LEGISLATION, FEDERAL, HR 2847

– National Manufacturing Strategy Act

See LEGISLATION, FEDERAL, HR 4692

– Small Business Job Creation and Access to Capital Act Act

See LEGISLATION, FEDERAL, S 2869

– State of the Union, Obama pledges financial reforms, fiscal responsibility, infrastructure jobs in 2010, 190
– Strengthening Employment Clusters to Organize Regional Success (SECTORS) Act

See LEGISLATION, FEDERAL, HR 1855, S 777

– Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act

See LEGISLATION, FEDERAL, HR 4853

JOB SATISFACTION

– Office thermostat, staff preferences, survey, 9

JOINT EMPLOYERS

– Comcast, FLSA, overtime, not liable to cable technicians employed by independent firms (D. Md.), 1394
– FLSA claims advance against home theater installers' joint or successor employer (S.D. Texas), 1573
– Worker misclassification, DOL, IRS enforcement, state and federal legislation, attorneys on hiring policies, pitfalls, 1648

JURIES

– ERISA, LMRA, retiree health benefits changes, money damages, right to jury trial (W.D. Va.), 378
– Instructions

– – ADEA

– – – Erroneous under ADEA but valid under Iowa law, not prejudicial (8th Cir.), 1397
– – – Independent contractor status, sufficiency of instruction (8th Cir.), 300
– – – “Motivating factor” rather than “but-for” causation proper instruction in pre-Gross case (11th Cir.), 676

– – Erroneous under state law, new trial on FedEx Ground delivery drivers independent contractor status (Wash. Ct. App.), 1809
– – FMLA, estoppel instructions flawed, new trial requires showing of notice to employer, reasonable belief leave granted (8th Cir.), 1295
– – Libel award reversed on burden of proof, instruction lacked actual malice element (Cal. Ct. App.), 1140
– – Race bias, instructions challenge rejected (1st Cir.), 1106
– – Title VII retaliation, no direct proof requirement for mixed-motive instruction (5th Cir.), 468

– Juror access, nonparty's direct appeal of unexplained adverse ruling construed as writ of mandamus (10th Cir.), 275
– Jury duty, lost “productivity benefits,” RLA bars lawsuit under Neb. juror rights act (8th Cir.), 891
– National origin bias, verdict favoring employer reversed over biased juror strikes (9th Cir.), 500
– Wage and hour, joint employer determination proper, affirmed (2d Cir.), 1189

JURISDICTION

– Appellate

– – Jury access, nonparty's direct appeal of unexplained adverse ruling construed as writ of mandamus (10th Cir.), 275
– – No immediate appeal from ALJ discovery ruling, attorney-client privilege defeats collateral order exception (DOL ARB), 252

– CAFA, Cal. wage and hour suit properly removed to federal court despite denial of class certification (9th Cir.), 625
– Cal., PERB proper authority to seek injunction preventing illegal strike (Cal.), 1050
– Diversity, corporate citizenship, “nerve center” test defines “principal place of business” (U.S., rvs, rem), 310; text, 319
– ERISA, retiree health benefits plan changes, jurisdiction over declaratory judgment (W.D. Wis.), 1115
– Federal

– – Dual class actions, incompatibility of Rule 23 opt-out and FLSA opt-in, DOL brief (3d Cir.), 179
– – Nurse overpayment, amount in controversy (E.D. La.), 1235

– Lieutenant Colonel Dominic “Rocky” Baragona Justice for American Heroes Harmed by Contractors Act

See LEGISLATION, FEDERAL, S 2782

– Preemption

See PREEMPTION

– SOX, amendment to whistleblower complaint does not restart 180-day clock (D. Conn.), 541
– Subject matter

– – Lacking for out-of-state worker's age bias claim against NYC-based employer (N.Y.), 1049
– – Title VII

– – – Civil suit for attorneys' fees incurred in EEOC administrative proceeding (9th Cir.), 671
– – – Claims intertwined with FAA order properly dismissed for lack of jurisdiction (5th Cir.), 1664
– – – Worksharing accord, state agency's loss of jurisdiction not binding on EEOC, timely suit revived (10th Cir.), 629

JUSTICE DEPARTMENT (DOJ)

– Civil Rights Division

– – EEOC joint enforcement MOU, 54
– – Enforcement, collaboration, agency officials on aggressive agenda under Obama, 1006

– Ethics, RTW Legal Defense Foundation seeks Attorney General probe of Becker NLRB votes, 1199
– Immigration

– – Information sharing accord with USCIS to combat bias, improve E-Verify, 416
– – Preemption challenge to Ariz. day laborers law, oral arguments (9th Cir.), 1585