Friday, March 25, 2011

FindLaw Labor & Employment Law Summaries - March 21-March 25, 2011

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Weekly Opinion Summaries
Labor & Employment Law

March 21-25, 2011 Weekly Labor & Employment Law Newsletter
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Labor & Employment Law

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Labor & Employment Law

United States First Circuit, 03/21/2011
Wilson v. Moulison North Corp., No. 10-1387
In a labor and employment dispute alleging a hostile, racial working environment, summary judgment in favor of employer is affirmed where the employer, when notified of the hostile environment, took prompt and appropriate corrective action. Read more...

United States First Circuit, 03/23/2011
FleetBoston Financial Corp. v. Alt, No. 10-1035
In an employment dispute arising out of an arbitral award, summary in favor of defendant based on the recognition and entry of award by district court is affirmed because the arbitral award decided the essence of dispute. Read more...

United States Third Circuit, 03/21/2011
Tri-M Group v. Sharp, No. 10-2365
In a dormant commerce clause challenge to a state regulatory scheme for the training and compensation of apprentices on construction projects, summary judgment in favor of plaintiff is affirmed where refusal to recognize out-of-state registered apprentices facially discriminated against out-of-state contractors without advancing a legitimate state interest. Read more...

United States Fourth Circuit, 03/22/2011
Grace v. Family Dollar Stores, Inc., No. 09-2029
In a dispute under the Fair Labor Standards Act (Act), 29 U.S.C. section 213(a)(1), judgment of the district court is affirmed where plaintiff falls within the executive exemption to the Act because even though she regularly performed nonexecutive tasks, she was the highest level employee of defendant and her income was performance and profit-based. Read more...

California Court of Appeal, 03/23/2011
Iversen v. Cal. Village Homeowners Assn., No. B220863
In an action for premises liability arising out of injuries sustained by plaintiff from a fall on premises owned by defendant, summary judgment in favor of defendant is affirmed because Cal-OSHA regulations do not apply to independent contractors and plaintiff cannot use those provisions to establish a negligence per se or negligence cause of action. Read more...

Court of Appeals of New York, 03/25/2011
In the Matter of Madeline Acosta, No. 36
In a dispute over the scope of Correction Law Section 75, dismissal by trial court is modified and affirmed because defendant acted arbitrarily in denying application for security clearance by petitioner where it failed to comply with the requirements of the Correction Law. Read more...

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