Archive for May, 2003
Illinois Apellate Court rules on independent contr…
Illinois Apellate Court rules on independent contractor status of home health care nurses
People ex rel. Department of Labor v. MCC Home Health Care, Inc. (Ill. App. 1st Div. 5/5/03) applies administrative 6-part test, not common law test, though differences are more apparent than real. Court concludes trial court erred when it granted summary judgment [...]
Supreme Court decision on removal of FLSA claim …
Supreme Court decision on removal of FLSA claim
In Breuer v. Jim’s Concrete of Brevard, Inc. (5/19/03), the Supreme Court unanimously held that a Fair Labor Standards Act provision stating that suit “may be maintained. . .in any Federal or State court of competent jurisdiction,” does not bar removal.
Why does the Court bother with such [...]
Christian Science Monitor reports on cost to emplo…
Christian Science Monitor reports on cost to employers of social problems like employee alcohol abuse; benefit from providing employee assistance
Article by Stacy A. Teicher of The Christian Science Monitor discusses costs to employers in absenteesim, productivity, healthcare costs of “social problems” such as alcoholism, drug abuse, or domestic violence.
Author says “giving employees access [...]
Latest Circuit City arbitration decision from Nint…
Latest Circuit City arbitration decision from Ninth Circuit appears to be virtual death knell for mandatory arbitration of statutory employment claims in California
Ironically, Circuit City, whose efforts to expand the arbitration of statutory employment claims led to the US Supreme Court’s pro-arbitration decision in Circuit City Stores Inc. v. Adams, has now created extremely anti-arbitration [...]
Sixth Circuit upholds unfair labor practice findin…
Sixth Circuit upholds unfair labor practice finding based on hospital’s prohibition of union buttons
In Mt. Clemens Gen. Hosp. v. NLRB (6th Cir. 05/15/03), hospital’s prohibition of buttons opposing “forced overtime” was unfair labor practice where hospital permitted other union buttons and prohibition did not distinguish between patient care areas and other areas of hospital. [...]