Labor Law
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Arbitrator Reinstates Chrysler Workers Fired for Drinking During Breaks
The workers were fired in September 2010 after a Fox network station in Detroit filmed them during breaks drinking alcohol and smoking in a nearby parking lot over several days.
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Workers Take Aim at Walmart With Strikes
Walmart Stores Inc. workers are beginning strike actions in a lead-up to Black Friday (the shopping day after Thanksgiving) citing company attempts to squelch efforts by workers speaking out for better jobs.
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Ministerial Exception Applied to Music Director with No Religious Training
According to the ruling, Philip Cannata, who became music director at St. John Neumann Catholic Church in Austin, Texas, in 1998, had no liturgical responsibilities because he “lacked the requisite education, training and experience.”
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Internal Surveillance Cameras can Reduce Workers' Compensation Fraud
Workers' comp experts say cameras can be effective in preventing fraud. Video footage is an added safeguard for employers that are trying to keep comp costs down.
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IRS Notice Gives Employers Clarity on Definition of 'Full Time'
Under the notice, which will remain in effect at least through 2014, employers can use a retrospective measurement period lasting between three and 12 months to determine whether an employee's hours meet the definition of “full time” under the Patient Protection and Affordable Care Act.
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Worker's Loss-Of-Consortium Tort Claim Cannot Proceed: Court
The wife of a California worker cannot pursue a tort claim against his employer for injuries that prevented him from performing "necessary duties as a husband," the California Supreme Court said August 20.
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Indianapolis Law Aims to Curb Temp 'Blacklisting'
The rule prohibits hotels from signing deals with contractors—such as staffing firms—that prevent the hotels from hiring the contractor's employees directly, according to city documents.
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Security Guards Awarded $89.7M in Rest-Break Class Action
At issue in the litigation was that guards were given 'on-duty' breaks during which they were required to keep their cellphones or pagers on.
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Contingent Workers Settle Suit in California
The court was notified of the settlement last month, but the suit was first filed in July 2011. It sought to represent all contingent employees who worked at both PrO and Juniper in California.
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Norwegian Insurance Company Monitors Workers' Bathroom Breaks
Norway's chief workplace ombudsman Bjorn Erik Thon told a media outlet that one firm required employees to wear a red bracelet during their menstrual cycles to indicate the need for more restroom visits.
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NLRB: Employer Social Media Policies Should not Bar Protected Worker Activity
An analysis of the NLRB's rulings also indicates that if an employee makes a comment on Facebook and fellow employees respond, it is considered protected activity. It is not protected, however, if only friends respond to the posting.
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Pepsi Settles EEOC Charges of Racial Bias in Screenings for $3M
Under Pepsi's former policy, job applicants who had been arrested pending prosecution were not hired for a permanent job even if they had never been convicted of any offense.
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Union Says Staffing Suit Could Cost $10 Million
The lawsuit claims workers were regularly not paid for all hours worked and were not paid required overtime.
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Returning Veterans Unarmed for Job Searches
Face long odds in finding employment; have trouble translating their experience into work skills.
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Wal-Mart Class Action Decision Sets Precedent, Cited in Costco Ruling
An attorney notes that the Wal-Mart decision earlier this year will make it difficult for nationwide class actions in employment law to succeed.
