Monday, March 21, 2011

The Human Resource: Labor Law News - March 21, 2011

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The Human Resource Newsletter

March 21, 2011 FindLaw.com Human Resources Newsletter

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NEW & NOTEWORTHY:

WISCONSIN'S JUDGE SUMI BLOCKS ANTI-UNION LAW
(FindLaw's Law & Daily Life) - the Wisconsin collective bargaining law. The judge in the case has temporarily halted its enforcement. After Republicans stripped the bill and voted in less than 24 hours, Governor Scott Walker signed it into law, prompting an immediate lawsuit. Plaintiffs are alleging that Republicans violated the state's open meeting laws when they altered the bill with less than two hours notice. This lawsuit must still make its way through court, but now that a temporary restraining order has been granted, what's next for union supporters and Scott Walker?

IRS WANTS PIECE OF MAN'S YEAR OF FREE DOUGHNUTS
(FindLaw's Law & Daily Life) - Nothing in life is free. No, not even Oprah-provided cars and Australian vacations. Bob Choate learned this the hard way last month when he received an IRS Form 1099 telling him he had to pay taxes on $927.61 worth of supposedly free doughnuts.

WILL STARTUP VISA BOOST US ENTREPRENEURSHIP?
(FindLaw's Free Enterprise) - The immigration debate continues: Senators Kerry and Lugar have reintroduced a startup visa bill into Congress. The bill, which has been modified since it first burst onto the scene last year, is designed to encourage partnerships between U.S. investors and immigrants in a way that benefits the national economy. The Senators hope that the Startup Visa Act will attract innovation and innovators to the country, creating jobs and propelling the United States back to the top in the realm of technological development. Will the startup visa bill have the desired effect?

CAN I BE SUED FOR TIP JARS AT MY BUSINESS?
(FindLaw's Free Enterprise) - A Missouri Starbucks was sued over tip jars and has some business owners asking: Can my business be sued over having a tip jar on the counter? The short answer to the question of business liability may be rather disconcerting: yes. However, not to fret. You could also be sued for wearing an orange shirt, being an agent of Satan or any host of ridiculous reasons. The question isn't whether you can be sued for something, it's whether the opposing party is likely to prevail in such a suit.

EMPLOYER LIABILITY: CRASH KILLS 15 IN NYC
(FindLaw's Free Enterprise) - Fifteen people were killed this weekend when a bus transporting passengers to and from Mohegan Sun Casino flipped over and slid hundreds of feet. Investigators are looking into whether the driver was speeding or fell asleep at the wheel. It's virtually guaranteed that, right now, the Mohegan Sun bus company is looking into issues of employer liability. And you're probably thinking that there's no way to avoid it. Well, you'd be mistaken. It's called hiring independent contractors. It's a generally known fact that employers are legally responsible for most injuries and accidents caused by employees while on the job. This principle, however, is not absolute. It only refers to employees.

CHARLIE SHEEN IS HIRING AN INTERN, SHOULD YOU?
(FindLaw's Free Enterprise) - Charlie Sheen is looking for a social media intern. And as if the entertainment value weren't enough, it's a paid gig, too. As much as it pains this blogger to write, the self-proclaimed warlock is on the right track. Offering internships legally requires time or money--both of which the recently-fired actor has plenty. So if you're thinking that you, too, could use the assistance of an intern, read on and learn a little something from Sheen. It may be the only time you do. Unpaid interns look like a great option given the state of the economy. This sentiment would be wrong. Internships are governed by Department of Labor standards and state law--much of which mimics federal law. Under these guidelines, free labor doesn't come easy.

NUNS SUE BOSTON ARCHDIOCESE OVER RETIREMENT FUNDS
(AP) - An order of Roman Catholic nuns has sued the Boston Archdiocese and Cardinal Sean O'Malley after years of failed efforts to withdraw from a church-run pension fund. The Daughters of St. Paul have asked the Supreme Judicial Court to order pension plan trustees to provide them with a full accounting of the nuns' portion of the fund, or to rule that the nuns were technically never part of the church-run plan and order the archdiocese to reimburse the nuns' contributions.

CA TEACHERS PROTEST LAYOFFS ON PINK-SLIP DEADLINE
(AP) - California teachers rallied to protest layoffs and call on state lawmakers to support Gov. Jerry Brown's budget plan Tuesday, the deadline for school districts to issue preliminary layoff notices.

POST OFFICE, POSTAL WORKERS REACH CONTRACT DEAL
(AP) - The U.S. Postal Service and the American Postal Workers Union said Monday they have reached tentative agreement on a new contract. If ratified by union membership, the deal would run through May 20, 2015 and cover about 205,000 postal employees. The union said the agreement calls for raises totaling 3.5 percent in three steps and protects jobs. In separate negotiations the post office and 67,000-member National Rural Letter Carriers Association are still talking. Contracts with two other unions expire in November.

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CASE SUMMARIES:

SANDERS V. CITY OF NEWPORT, 08-35996
(U.S. 9th Cir.) - In a labor and employment dispute involving employer liability for FMLA and OFLA violations following the termination of plaintiff after an approved medical leave, judgments of trial court are reversed where trial court improperly instructed the jury on the elements of FMLA interference claim.

SHANAHAN V. STATE FARM GENERAL INS. CO., G042988
(CA Ct. App) - In a case for breach of contract and breach of the convenant of good faith and fair dealing arising out of the refusal by defendant to defend the plaintiff in a sexual harassment lawsuit, summary judgment in favor of the defendant is affirmed where there was no triable issue of fact regarding the causes of action of the underlying litigation such that defendant was required to defend plaintiff under the terms of an existing insurance policy.


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