|
2004-2
NINTH CIRCUIT REJECTS RICO CLAIM IN CASE ALLEGING BREACH OF STATE
WAGE LAW
The Ninth Circuit ruled that alleged misrepresentations about a worker's
entitlement to overtime, a scheme the worker claimed was furthered through
the U.S. mail system, did not amount to mail fraud in violation of the
Racketeer Influenced and Corrupt Organizations Act ("RICO"). Miller
v. Yokohama Tire Corp.
Full
Story
ERISA DOES NOT PREEMPT REGULATION OF APPRENTICESHIP
STANDARDS
The Ninth Circuit held that state regulatory standards
applied to California's apprenticeship programs are not preempted by the
Employee Retirement Income Security Act ("ERISA") or the National Labor
Relations Act ("NLRA"). Associated Builders and Contractors of Southern
California Inc. v. Nunn.
Full
Story
REDUCTION OF BONUSES DURING UNION CAMPAIGN FOUND ILLEGAL
A federal appeals court affirmed an NLRB finding that
Ishikawa Gasket America Inc. committed an unfair labor practice by reducing
production workers' annual bonuses in response to a union organizing campaign.
The court agreed with the Board that the reduction, which occurred during
an anti-union campaign, was motivated by anti-union sentiment. Ishikawa
Gasket America Inc. v. NLRB.
Full
Story
COURT DEFINES "WILLFUL" UNDER FAMILY LEAVE LAW
The FMLA extends the statute of limitations for "willfull" violations.
A federal appeals court held that a former Best Western Hotel manager,
whose position was altered upon his return to work from leave protected
by the Family and Medical Leave Act, failed to show that the employer's
actions (a change in duties and reporting relationship) were a willful
violation of the Act warranting an extension of the applicable limitations
period. Hillstrom v. Best Western TLC Hotel.
Full
Story
PHARMACEUTICAL SALESWOMAN FAILS TO SHOW TANGIBLE ACTION IN SEXUAL
HARASSMENT CASE
A pharmaceutical saleswoman in Puerto Rico failed to show she was harassed
by her female supervisor's "boorish and unprofessional" actions, because
the saleswoman did not experience a tangible employment action in the
denial of a transfer, or face sufficiently severe or pervasive conduct.
Lee-Crespo v. Schering-Plough Del Caribe Inc.
Full
Story
| 
