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  • issue 38
  • jun. 16, 2010

THIS WEEK: Only one week until I Will Survive: Workplace Fairness Karaoke Returns…! Find out how you can join us here.

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In the News more

Arbitration Showdown Looms Between Congress, Supreme Court

New Health Law Could Shield Women from Poverty

Day Labor and Free Speech

Early Retiree Reinsurance Program Draft Application, Instructions and FAQs Available; Final Application Expected Late June 2010

Supreme Court Gives Plaintiffs Multiple Opportunities (Potentially) to File Timely EEOC Charges Alleging Disparate Impact Discrimination

Legal Alert: Early Retiree Reinsurance Program Draft Application, Instructions and FAQs Available; Final Application Expected Late June 2010

5 tips for first-time employees work well for everyone on the job

Where the Job Openings Are Now

Equal Pay for Women is Still Not a Reality

Generation 'Text': FB Me

Health Bill May Be Lenient on Employers

Topic of the Week more

We All Fail Sometimes - Overcoming Failure at Work:

Most business books are celebrations of success. But failure, success's ugly twin, often gets overlooked. read more

BLOGS: Today’s Workplacemore

South Africa is the center of world this week, kicking off the first-ever World Cup Games on the African continent. But as the cameras pan across green fields and lavish festivities, labor activists are keeping their eye on the ball. read more

William H.T. Bush - a WellPoint board member and President George H.W. Bush's younger brother - collapsed at the annual shareholder meeting the other day, just as the health insurer's CEO, Angela Braly, was trying to explain to angry shareholders why profits are up but the company's reputation is in the tank. read more

During the past several years, we have represented employees of several clothing retailers, including sales associates working for Polo Ralph Lauren, Gap and Banana Republic, and Chico's in California-wide class action cases. read more

After fifteen years of writing Working Wounded/Workplace911, I've concluded that there are a lot of myths about work. read more

In the Courts more

Lagstein v. Certain Underwriters at Lloyd's

Ninth Circuit; No. 07-16094 Decision Date: June 10, 2010

In plaintiff's appeal from the district court's court vacating an arbitral award on the ground of its excessive size and vacating a punitive damages award on the additional ground that the arbitration panel lacked jurisdiction to enter it after the panel had entered its compensatory award, the order is reversed where: 1) the district court erred in concluding that the size of the arbitration awards demonstrated manifest disregard of the law; 2) the fact that the majority of the arbitrators may have made a mistake in citing a benefit that plaintiff had not purchased did not establish irrationality of its ultimate conclusion that defendant breached its contract; 3) nothing in plaintiff's policy expressly withdrew determination of procedural issues from the panel; and 4) defendant failed to demonstrate either evident partiality or evident corruption in the arbitrators. read more

Startran, Inc. v. Occupational Safety & Health Comm.

Fifth Circuit; No. 09-60263 Decision Date: June 9, 2010

In a petition for review of a determination by the Occupational Safety and Health Commission (the Commission) that petitioner was not exempt from the Occupational Safety and Health Act (OSHA) under the provision of 29 U.S.C. section 652(5) stating that for purposes of the Act "'employer' . . . does not include . . . any . . . political subdivision of a State," the petition is granted where, under 29 C.F.R. section 1975.5(b)(2), petitioner was "administered by individuals who are controlled by public officials and responsible to such officials" and was thus exempt from OSHA. read more

Workplace Fairness is a non-profit organization working to preserve and promote employee rights. For comprehensive information about job rights and employment issues nationally and in all 50 states visit www.workplacefairness.org.