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July 3, 2008

BNA® News

Supreme Court Rejects Calls to Revisit Equitable Remedies Provision of ERISA

The U.S. Supreme Court June 27 denied review of a case asking the court to revisit the equitable remedies available under the Employee Retirement Income Security Act, despite a recent request by the solicitor general that the court take up the case (Amschwand v. Spherion Corp., U.S., No. 07-841, cert. denied 6/27/08). From Daily Labor ReportŪ, Publication date June 30, 2008

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Ninth Circuit Rules Aramark Must Reinstate Janitors Fired After No-Match Letters Sent

The U.S. Court of Appeals for the Ninth Circuit June 16 confirmed an arbitration award requiring Aramark Facility Services to reinstate 33 janitors that it fired after receiving no-match letters from the Social Security Administration and giving the workers only a few days to correct the discrepancy (Aramark Facility Servs. v. Serv. Employees Int'l Union Local 1877, 9th Cir., No. 06-56662, 6/16/08). From Workplace Immigration Report, Publication date June 30, 2008

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House Approves Bill to Amend Americans With Disabilities Act

The House June 25 approved legislation (H.R. 3195) that would amend the Americans with Disabilities Act and would reject several U.S. Supreme Court interpretations of the disability discrimination law. From Workplace Law Report, Publication date June 27, 2008

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Supreme Court Holds 7-2 NLRA Preempts California Law Limiting Use of State Funds

In a 7-2 decision, the U.S. Supreme Court held June 19 that a California law prohibiting employers that receive state grants of any amount or more than $10,000 annually in program funds from using them “to assist, promote, or deter union organizing” is preempted by the National Labor Relations Act (Chamber of Commerce of the United States v. Brown, U.S., No. 06-939, 6/19/08). From Labor Relations Week, Publication date June 26, 2008

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House Passes Bill Giving Federal Workers Paid Parental Leave, Right to Use Sick Leave

Federal employees would get four weeks of paid parental leave and be permitted to use another eight weeks of accrued sick leave in the event of the birth or adoption of a child under legislation approved in the House by a 278-to-146 vote June 19. From Government Employee Relations Report, Publication date June 24, 2008

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Governor Signs Measure to Create Panel To Investigate Employee Misclassification

BOSTON--A permanent commission to address the issue of employer misclassification of their workers as independent contractors to avoid paying workers' compensation insurance premiums, unemployment taxes, and other state and federal obligations will be established in Connecticut under legislation (PA 08-156) signed June 12 by Gov. M. Jodi Rell (R). From Construction Labor Report, Publication date June 25, 2008

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Under MHRA, Federal Harassment Standard, EEOC's 'Supervisor' Test Apply, Justices Hold

An employee no longer must prove that his or her employer knew or should have known about alleged sexual harassment by a supervisor to hold the employer liable under the Minnesota Human Rights Act, the Minnesota Supreme Court held May 30 (Frieler v. Carlson Mktg. Group Inc. , Minn. , No. A06-1693 , 5/30/08). From Employment Discrimination Report, Publication date June 18, 2008

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Employers Cutting Defined Benefit Plans, Adding to 401(k) Benefits, Survey Finds

Nearly 44 percent of defined benefit plan sponsors have either closed or frozen their plans in the last two years or plan to do so in the next two years, according to a survey released July 10 by the Employee Benefit Research Institute. From Pension & Benefits Daily, Publication date July 11, 2007

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