The Human Resource: Labor Law News - March 14, 2011

The Human Resource Newsletter March 14, 2011 FindLaw.com Human Resources Newsletter Quick Links Cases & Codes Careers Legal Market Center Lawyer Directory Lawyer Marketing Table of Contents Retailers Requiring Applicants Disclose Their Age Labor Unions: How to Start a Union Texas Immigration Bill: Maids, Gardeners Can Stay School Bus Driver Fired for Confederate Flag Negligent Hiring: Criminals in Nursing Homes Unions frame bargaining as civil rights issue Idaho bill would take away power of teachers union Anger brews over government workers' benefits Iraq, Afghanistan veterans struggle to find jobs Purdham v. Fairfax County School Board, 10-1048 Candari v. LA Unified School District, B218306 You may forward this e-mail in its entirety. SPONSOR NEW & NOTEWORTHY: RETAILERS REQUIRING APPLICANTS DISCLOSE THEIR AGE (FindLaw's Law & Daily Life) - As more and more Americans at or above retirement age continue to work, age discrimination is a growing concern. Despite age discrimination laws, many workers are concerned that employers will not want to hire them if they know how old they are. Ruth Lyons, 59, went two and a half years without a job interview, before deciding to start listing her birthdate as 18 years earlier to see if it made a difference. LABOR UNIONS: HOW TO START A UNION (FindLaw's Law & Daily Life) - As state legislators fled Wisconsin to protest the governor's attempt to deny state workers collective bargaining rights, state labor unions in Ohio, Indiana and Michigan also came under attack. If the apparent assault on collective bargaining in the Midwest has caused you to consider unionizing your workplace, here's a quick primer on how to start a union. The National Labor Relations Act is designed to encourage and protect collective bargaining rights in the public sector. TEXAS IMMIGRATION BILL: MAIDS, GARDENERS CAN STAY (FindLaw's Law & Daily Life) - Arizona may be the hotbed of immigration reform, but Texas Tea Party darling Debbie Riddle wants her state to take center stage in the debate. The headline-hungry state representative has submitted a Texas immigration bill that puts to shame anything that has come out of Arizona. The proposed Texas immigration bill begins like one would expect it to, reports CNN. Anyone who "intentionally, knowingly, or recklessly" hires an unauthorized immigrant can be fined up to $10,000 or placed behind bars for up to two years. SCHOOL BUS DRIVER FIRED FOR CONFEDERATE FLAG (FindLaw's Law & Daily Life) - Can a school district restrict the display of the Confederate flag on a car owned by the bus driver? Ken Webber considers himself a proud redneck, and says there is nothing racist about his love for the Confederate flag. Webber has tattoos that say "100 percent American," and a Confederate flag and the words "Pure Redneck." Webber, 28, drives a bus of kindergarten to Talent Elementary School every school day. Webber also has a Confederate flag that flies inside his pickup truck. NEGLIGENT HIRING: CRIMINALS IN NURSING HOMES (FindLaw's Free Enterprise) - Here's a scary thought: over 90 percent of nursing homes employ at least one person with a criminal conviction, according to federal investigators, The New York Times reports. Of course that fact, by itself does seem rather vague and prone to scare people: obviously there is a big difference between a robbery conviction and jaywalking. But nevertheless, the article aggressively pushes the angle that due to negligent hiring, criminals may be lurking where mom and pop play bingo. UNIONS FRAME BARGAINING AS CIVIL RIGHTS ISSUE (AP) - Labor unions at the heart of a burning national disagreement over the cost of public employees want to frame the debate as a civil rights issue, an effort that may draw more sympathy to public workers being blamed for busting state budgets with generous pensions. IDAHO BILL WOULD TAKE AWAY POWER OF TEACHERS UNION (AP) - A bill that would phase out tenure for new teachers and restrict collective bargaining on their salaries and benefits is on its way to the Idaho governor. The GOP-backed measure cleared its final hurdle Tuesday in the state Legislature, where it passed the Idaho House on a 48-22 vote. Nine Republicans crossed party lines to oppose the bill. The state's teachers union, the Idaho Education Association, says it would gut teacher rights. It plans to protest Wednesday. ANGER BREWS OVER GOVERNMENT WORKERS' BENEFITS (AP) - When Erin McFarlane looks at public workers, she sees lucrative pension benefits she doesn't ever expect to get. And it makes her mad. IRAQ, AFGHANISTAN VETERANS STRUGGLE TO FIND JOBS (AP) - After almost two years in New York looking for work in law enforcement, Iraq veteran Christopher Kurz just moved back in with his parents in Arizona. His military police work in Iraq and aboard a nuclear aircraft carrier didn't seem to translate into a job. SPONSOR CASE SUMMARIES: PURDHAM V. FAIRFAX COUNTY SCHOOL BOARD, 10-1048 (U.S. 4th Cir.) - In a labor and employment action alleging defendant failed to pay plaintiff overtime wages, 29 U.S.C section 201 et seq., summary judgment in favor of defendant is affirmed where the defendant properly deemed plaintiff a volunteer. CANDARI V. LA UNIFIED SCHOOL DISTRICT, B218306 (CA Ct. App) - In a labor and employment dispute, trial court order directing that administrative decision denying back pay to plaintiff be vacated is affirmed, where there is no error in the exercise of independent judgment by trial court. SPONSOR Feedback We value your comments! Please take a moment to tell us what you think by sending us an e-mail. Subscription Information Click here to subscribe to a FindLaw Newsletter. To unsubscribe, click here. Advertising Information For more information about advertising in FindLaw Newsletters, click here. 800 W. California Ave., Sunnyvale, CA 94086

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