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2003-2

Supreme Court Rules Hospital Illegally Stopped Union Distribution To Nurses

The U.S. Supreme Court held a hospital violated federal labor law by restricting a union's distribution of bargaining literature to nurses at hospital entrances, which were nonworking and nonpatient-care areas. Brockton Hosp. v. NLRB

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Influential Co-Worker Can Be Decisionmaker In Bias Case

A federal appeals court held employment decisions tainted by bias of a decisionmaker's subordinate result in liability for discrimination unless the decisionmaker exercises independent judgment following an independent investigation. Hill v. Lockheed Martin Logisitics Management, Inc.

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Federal Worker Challenging Equal Employment Opportunity Commission Ruling Cannot Limit Issues

The Tenth Circuit held an employee challenging an EEOC decision is not entitled to litigate only those portions believed to be wrong, while ignoring portions resolved in the employee's favor. Timmons v. White

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Employer's Health Plan Excluding Infertility Treatments Does Not Discriminate

A federal appeals court held an employer's health plan that did not cover infertility treatments did not discriminate against women because infertility is a gender-neutral medical condition. Saks v. Franklin Covey Co.

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Employee's Unsworn Letter To Equal Employment Opportunity Commission Qualified As Timely Harassment Charge

A federal district court held an ex-employee's letter to the EEOC, although not signed or sworn to until after the time limits for filing expired, qualified as a timely charge of sexual harassment. EEOC v. I-Sector Corp.

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Supervisors Have Duty To Report Co-Worker Harassment

A federal district court held a former factory worker may proceed with her claims of co-worker sexual harassment because she complained to supervisors who had a duty to report their knowledge to the company but failed to do so. Brunson v. Bayer Corp.

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Truck Drivers Are Exempt From Overtime Requirements Of State Wage Law.

A California appeals court held certain truck drivers are exempt from the overtime requirements of a state wage law under an Industrial Welfare Commission wage order. Collins v. Overnite Transportation Co.

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Unilateral Change To Hiring System Was Unfair Labor Practice

A federal appeals court affirmed an NLRB order, ruling a trade show contractor committed an unfair labor practice by unilaterally changing its hiring referral system while a union postponed bargaining over the matter while it resolved a separate dispute. NLRB v. Brede, Inc.

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