an update for the week of august 21, 2006
today's workplace: the employee rights blog
Wal-Mart: Just the Latest Round of Corporate Evil Personified: Just when you start to think that Wal-Mart is too easy of a target, or maybe -- just maybe -- they might be starting to clean up their act a little bit, a story comes along that makes you realize that all of the bad press Wal-Mart earns might be all it's cracked up to be and then some. The retail giant is already keeping lawyers busy across the country in an effort to stave off the worst of their practices, but the latest set of accusations against them would be beyond the pale -- that is, if they were leveled against anybody but Wal-Mart.
this week in the courts
M. Cutter Co., Inc. v. Carroll  (Ninth Circuit; No. 04-73937)
Decision Date: August 15, 2006
An employer's petition for review of a decision holding it liable for 24-hour attendant care for claimant under the Longshore and Harbor Workers? Compensation Act (LHWCA) is denied where an ALJ had found that claimant was in need of 24-hour attendant care, and Section 7(a) of the LHWCA expressly mandates that the employer furnish the required care.

Craig v. Pillsbury Non-qualified Pension Plan  (Eighth Circuit; No. 05-2211)
Decision Date: August 14, 2006
De novo review applies to top hat plans under ERISA because a top hat administrator has no fiduciary duties under ERISA. A district court's determination that a plan abused its discretion when it calculated plaintiff's pension benefits without including certain bonuses he received in 2001 is affirmed.
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Tell Chicago's Mayor to Sign the Living Wage Ordinance
Wal-Mart: Bad for Workers, Bad for America
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