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News
Labor
[06/11]
NASCAR chairman says former official didn't report claims
[06/09]
Police: Phony deputy's fake test claim nets cash
[07/02]
Cement-truck drivers strike in New York City
[06/30]
Calif. firefighters battle more than 1,400 blazes
[06/30]
Army study: Iraq occupation was understaffed
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Articles
Employment Law - Employer
Chronology of a Discrimination Charge Filed with the EEOC or State Fair Employment Practices Agency
If an employer discriminates against an employee while making hiring, termination, and other employment decisions, the employee may choose to file a charge of discrimination with a state or federal agency. The following provides a chronology of how the EEOC handles complaints that it receives.
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Testing Job Applicants
Many employers like to use pre-employment tests as a way to screen out applicants who are not suitable for the job. These tests include skills tests, aptitude tests, psychological tests, personality tests, honesty tests, medical tests, and drug tests.
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Case Summaries
Labor & Employment Law
[07/03]
State Comp. Ins. Fund v. WCAB The California Supreme Court finds that the Legislature intended to require employers to conduct utilization review when considering requests for medical treatment, and employers may not use Labor Code section 4062 as an alternative method for disputing employees' treatment requests.
[07/03]
Crowley Marine Servs. Inc. v. Maritrans Inc. In an action arising out of the collision of plaintiff's tug boat with defendants' oil tanker, a district court's reallocation of fault in the matter is affirmed where: 1) the district court did not err in considering the coordinated nature of the tug escort, the tug boat's violations of Rules 5 and 17(b), or the negligence of both plaintiff and the tug's captain; and 2) it did not err in apportioning 70% of the responsibility for the collision to the tug boat.
[07/03]
BNSF Ry. Co. v. Swanson Provisions of Minnesota Statute sections 609.849(a)(1) and (a)(2), governing a railroad's treatment of injured workers, are both preempted by the Internal Control Plans regulations adopted by the Federal Railroad Administration pursuant to the Federal Railroad Safety Act.
[07/03]
United Steel, Paper & Forestry, etc. v. TriMas Corp. In an action to compel arbitration under the Labor-Management Relations Act (LMRA) arising out of the parties' dispute over a neutrality agreement, summary judgment for union is affirmed where the district court correctly: 1) found that the dispute was covered by the language of the arbitration clause; and 2) left consideration of certain extrinsic evidence to the arbitrator.
[07/03]
White v. Baxter Healthcare Corp. In an employment discrimination suit brought under federal and Michigan state law, summary judgment for defendant is reversed and the case is remanded for a new trial where: 1) plaintiff offered sufficient evidence to suggest that defendant's purported reason for not promoting him had no basis in fact, did not motivate defendant's decision, or was not sufficient to explain its hiring choice; and 2) plaintiff produced sufficient evidence for a reasonable jury to find in his favor on both single motive and mixed motive race discrimination claims.
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