Mistake Of The Month - Once Again, Inconsistencies And Delay
Amazing dithering in this case.

The Harshbarger Report

Develop New Systems To Define And Control Corporate Integrity
Integrity guidelines should define unacceptable behavior, the minimum ethic, not the “shoulds” or the “we hope you wills.”

OTHER EMPLOYMENT LAW HEADLINES

Court Rejects New FMCSA “Hours Of Service” Rules; Agency Seeks Stay
FMCSA did not even consider the effect of the rules on drivers’ health.

Religious Accommodation For Mandatory OT Did Not Apply To Voluntary OT
An unsuccessful attempt to have your cake and eat it too.

Internal Grievance Procedure Must Be Exhausted Prior To Court Case
While specifically limited to tenure decisions, the principle may eventually apply to other employers in Connecticut.

Arbitrator’s Reinstatement Of Employee Who Threatened Violence Against Supervisors Upheld By Court
Court found, believe it or not, that there is no well-defined and established public policy against workplace violence.

SJC Nixes Prop 2-1/2 Override Contingency For CBA Funding
Town officials have an obligation to submit a non-contingent budget request to town meeting that fully funds collective bargaining agreements.

Be Careful What You Wish For
Wouldn’t want to be at the next union meeting after this case.

Termination Of LTD Benefits Does Not Support ADEA Or ADA Claim
All the Plaintiff had to do was mail a piece of paper - go figure.

Legislative/Regulatory Actions Of Note

New Overtime Regulations In Effect
Yes, they’re finally here. Please visit www.mhtl.com and take a look under “Latest News.”

EEOC Regulation On Retiree Health Benefits Stymied By AARP
AARP is apparently the only opponent, but has brought its considerable lobbying muscle to bear on the EEOC and Congress.

Sarbanes-Oxley Whistleblower Rules Issued
The rule establishes procedures for the handling of discrimination complaints made by employees or by persons acting on their behalf.

FMCSA Seeks EOBRs Information
Electronic on-board recorders (“EOBR”) likely to become standard equipment.

FLSA/FMLA Cases

Agency Home Health Aides Covered By FLSA
Home health aides employed by an agency, rather than by the patient himself/herself, were entitled to minimum wage and overtime under the Fair Labor Standards Act (“FLSA”).

Equivalent Job Offer Under FMLA Can Include Additional Training Requirement
Offer of different management job was equivalent even though employee would have required additional training.

On The Employee Benefits Front

Employee Who Could Perform Accommodated Job Not Entitled To STD
Plaintiff’s own doctor said she could do the job.

Workers’ Comp Retaliation Claim Preempted By ERISA
Basic claim involved interpretation of disability plan, thus it was preempted by ERISA.

On The Labor Front

Win One, Lose One
Employer violated NLRA by unilaterally installing surveillance cameras, but resulting discipline not rescinded.

Not A ULP To Call Police About Picketers On Public Way Creating Safety Problem
Board reversed by Circuit Court.

Anonymous Phone Threats To Anti-Union Employees Sufficient To Overturn Union Election Win
A deplorable tactic.

The NLRA As It Applies To The Financial Services Industry
Not to be a nag, but . . .

Talk About Spinning One’s Wheels - Your Tax Dollars At Work
A total waste of time and energy.

Did You Know . . . ?

The Molecule of the Month is Trimethylamine, the culprit in human “fish breath syndrome”?

That September’s flower is the Chrysanthemum, and its birthstone is the Sapphire?

That September is, among other things, National Food Safety Education Month, National Ovarian Cancer Awareness Month, Weather Radio Awareness Month, National Census Month, Arthritis Month, Leukemia and Lymphoma Awareness Month, National Cholesterol Education Month, Baby Safety Month, American Newspaper Month, Be Kind to Editors and Writers Month, Chicken Month, Beach Cleanup Month, Coupon Month, Mushroom Month and International Self-Awareness Month?