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MHTL Monthly Labor, Employment, Benefits & Governance Alert - Summer 2006
Mistake Of The Month An Important Lesson For HR Reps
Curiosity and follow up are critical for HR reps, as this case shows.
At The Supreme Court
Supreme Court Limits Public Employee Free Speech Rights
Public employees who make statements as part of their official job duties are not protected by the First Amendment and are not immune from being disciplined.
Subrogation Claim Was "Equitable" Under ERISA
A technical case, but the bottom line is that money damages may be available under ERISA.
On The Wage & Hour/FMLA Front
FLSA Settlements Continue To Make News
There seems to be no end to the large settlements generated by common wage & hour violations.
Time Spent Picking Up, Dropping Off Employer Cars Is Compensable
Picking up and dropping off employer-required cars at a remote parking lot was compensable work time.
This Fellow Went To The FMLA Well Once Too Often
"[A]n employer's honest suspicion that the employee [is] not using his medical leave for its intended purpose is enough to defeat the employee's substantive rights FMLA claim."
Plaintiff Not Entitled To Frequent And Erratic Bathroom Breaks Under FMLA
Diabetes and its treatment did not render Plaintiff "incapacitated" under FMLA.
OTHER EMPLOYMENT LAW HEADLINES
"Regarding an employee as having a limitation that is not itself a disability cannot constitute a
perception of disability"
Company did not regard the Plaintiff as having an impairment substantially limiting a major life activity, but just as not being able to perform the essential functions of the job.
"Pregnancy-Blind" Light Duty Policy Upheld Under PDA
Light duty was limited to workers comp injuries.
ADA "Association" And FMLA Claims Fail
The Plaintiff truck driver claimed that she was discriminated against because of her association with her disabled daughter.
"I think it's time to hang it up and for you to retire" Remark Not Direct Evidence Of Age Discrimination
The Court ruled that "[t]here is a link between retirement and age, but it is not a necessary one."
A Co-Employee's "Repertoire of Ribaldry" Alone Not A Hostile Work Environment
This case falls into the "you've got to be kidding" category.
Race And Gender Class Action Consent Decree Comes Back As Evidence Of Later Discrimination
Court rules that prior consent decree was evidence that an employer might be inclined to treat minority employees in a preferential manner.
And In Massachusetts . . .
Massachusetts Discrimination Claims Survive Plaintiff's Death
Which includes claims for punitive damages.
Volunteers Not Covered By Massachusetts Sexual Harassment Statute
G.l. c. 214, s. 1C, was intended to cover "persons" only in the employment or academic contexts.
Misconduct Related To Disability May Be Grounds For Discipline
An employee who engages in "egregious conduct" simply cannot show he is a "qualified handicapped person" under state antidiscrimination law.
In The Public Sector
City Canvassing Ordinance Violated Union's Free Speech Right
Ordinance requiring door-to-door canvassers distributing written material or discussing political or religious issues to first register with police held unlawful.
Legislative/Regulatory Developments
CDC Recommends Mumps Immunization For Health Care Workers
The CDC's recommendations can be found at www.cdc.gov/mmwr/preview/mmwrhtml/mm55e601a1.htm.
Massachusetts Enacts Health Insurance Expansion Legislation
All residents must have health insurance, and employers not offering health insurance must pay a
"Fair Share Contribution."
On The Labor Front
Board Rules Forging Co-Employees Signature On A Grievance Form Is Protected Activity
Your tax dollars at work.
"I'd go broke" Assertion Triggered Employer's Obligation To Open Books
The Board held that an employer's claim that it would "go broke" was not necessarily a claim of an inability to pay, but the Court disagreed.
Claim Of Bad Faith Bargaining Rejected By Board
Shortly after reaching a first contract with the union, the employer subcontracted out the union's work.
The Giant Inflatable Rat Pops Up Again
But the Board ducks the issue of whether using the rat constitutes picketing in and of itself.
Lawyer Jokes Of The Month
That's a real bargain A Dublin lawyer died in poverty, and many people donated to a fund for his funeral. The Lord Chief Justice of Orbury was asked to donate a shilling. "Only a shilling?" said the Justice, "Only a shilling to bury an attorney? Here's a guinea; go and bury twenty more of them."
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