Mistake Of The Month - Spotlight Again On Inconsistent Explanations
Evaluation done for a reduction in force (RIF) was “in flat contradiction of ratings plaintiff received from her supervisor for job performance and professional development during the year immediately preceding the RIF.”

The Harshbarger Report

Effective Corporate Integrity Assessments
The process of conducting the assessment sends a powerful message, and the results provide a roadmap for reform and action.

Court Rejects “Compelled Self-Defamation” Theory In Massachusetts
Plaintiff claimed he was “compelled” to reveal that he was discharged "for allegedly disclosing confidential financial information."

Inconsistent Explanations Again Sink Employer
An old story.

ADA “Association” Claim Rejected By Court
Plaintiff’s principal claim was that IBM violated the Americans with Disabilities Act “by firing him because his daughters are disabled.”

A Reasonable Accommodation Is Not Necessarily What An Employee Requests
An effective accommodation is the employer’s only responsibility.

Transsexual Firefighter Protected By Title VII
Reversing the District Court, the 6th Circuit holds that Title VII protects transsexuals.

At The Supreme Court

Supreme Court Reaffirms Broad Scope Of ERISA Preemption
Whether these cases clarify or further muddle a muddled area remains to be seen.

ERISA Anti-Cutback Rule Bars New Post-Retirement Employment Restrictions
A plan amendment further restricting post-retirement employment cannot be applied to then-current retirees.

Affirmative Defenses Available In Constructive Discharge Cases
An employer may assert the Ellerth/Faragher affirmative defense to a claim of constructive discharge in a sexual harassment case unless the plaintiff quit in reasonable response to an adverse action officially changing her employment status or situation, e.g., a humiliating demotion, extreme cut in pay, or transfer to a position in which she would face unbearable working conditions..

Legislative/Regulatory Actions Of Note

OSHA Releases Voluntary Ergonomics Guidelines For Retail Grocery Stores
The Guidelines may be reviewed and downloaded from OSHA’s website at www.osha.gov.

FLSA/FMLA Cases

Donning And Doffing Special Clothing Was Compensable, And Time Spent In Paid Meal Period Not Creditable Towards Overtime
While “ordinary” clothes-changing is not compensable, changing into special protective garments required by the employer and done for the employer’s benefit, is compensable. Moreover, an employer may not use a paid meal period to offset up to the same amount of overtime.

No “Interference” With FMLA Where Employee Received More Than 12 Weeks Leave
No FMLA claim where employee received in excess of 12 weeks leave and was not cleared for work until two months after the leave expired.

On The Employee Benefits Front

Cash Balance Conversion Plan Did Not Discriminate On Basis Of Age Under ERISA
The Court found that applying ERISA provisions designed for traditional defined benefit plans to cash balance plans could lead to illogical results, as illustrated in this case.

HR Manager Was Not A “Fiduciary” Under ERISA
Basic human resource manager duties do not make one a fiduciary under ERISA.

A “Guaranty” Means A Guarantee
The upshot is that Honeywell is on the hook to maintain a 1976 level of retiree benefits agreed to by its predecessor.

On The Labor Front

Flip-Flop, Flippity-Flop
The National Labor Relations Board reverses course on Weingarten again.

Midcontract-Term Modification Of Wage Rates, Even To Increase Them, Was A ULP Absent Union’s Consent
Fixed wage rates in a contract bar unilateral increases absent the union’s consent.

No-Strike Provision Did Not Justify Suspending Employees For Picketing Shareholders Meeting
No-strike clause’s purpose was to prevent interruption in production, not to prevent pressure being put on an employer during negotiations.

Did You Know . . .

That the Molecule of the Month is Atenolol, a beta blocker drug used for treating high blood pressure and angina?

That July was named for Julius Caesar?

That July’s flower is the water lily, and its birthstone is the ruby?

That July is Blueberry Month, National Ice Cream Month, National Cellphone Courtesy Month, American Beer Month, Recreation and Parks Month, Auto Theft Awareness Month, National Moshing Month, and Adopt a Rescued Rabbit Month?