an update for the week of march 7, 2005
MICHAEL LEFKOW MEMORIAL FUND
In memory of dedicated employee rights advocate Michael Lefkow, a fund has been established to support advocacy and education on behalf of government employees and victims of workplace unfairness and discrimination. Click here for information about making a tax-deductible contribution to the Michael Lefkow Memorial Fund.
today's workplace: the employee rights blog
Class Action Bill Sails Into Law Without Labor Exception: Class action lawsuits may not be the most critical problem facing our democracy, but you wouldn't know that from what happened recently. On February 18, the President signed the so-called "Class Action Fairness Act" into law. This law will remove most class actions from state to federal court, which might not sound so bad until you realize that the effect of the bill will be to reduce, if not eliminate entirely, a number of class action cases. Why is this bill such a top priority? Because the lawyers who bring these cases don't generally work for large corporations, and they by and large do not give money to those currently wielding the most power in Congress.
this week in the courts
Leonel v. Am. Airlines, Inc.  (Ninth Circuit; No. 03-15890, 03-15893, 03-15897)
Decision Date: March 4, 2005
Dismissal of plaintiffs' claims, alleging defendant unlawfully rescinded their job offers for their failure to disclose that they were HIV-positive, is reversed where plaintiffs have raised material issues of fact as to whether defendant violated the ADA and California's Fair Employment and Housing Act.
Archuleta v. Wal-Mart Stores, Inc.  (Tenth Circuit; No. 03-1432)
Decision Date: March 1, 2005
An employer's practice of prospectively changing salaries does not convert salaried employees to hourly employees entitled to overtime rates unless the purported "salary" becomes a sham -- the functional equivalent of hourly wages.
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