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» TOPIC SPOTLIGHT «
Supreme Court strikes down California's labor "neutrality" law
A California law forbidding private-sector employers from using state grant monies to assist or deter union organizing is preempted by the NLRA, the US Supreme Court ruled 7-2, reversing an en banc Ninth Circuit decision. Writing for the majority, Justice Stevens noted that the Taft-Hartley Act amended the NLRA by adding Section 8(c), which protects from NLRB regulation noncoercive speech about labor organizing by both unions and employers. As amended, the section manifested a "congressional intent to encourage free debate on issues dividing labor and management" (Chamber of Commerce of the United States v Brown, Dkt No 06-939, 156 LC ¶11,043).
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High Court upholds Kentucky retirement benefits plan
Kentucky's retirement plan, which sometimes treats workers who become disabled prior to qualifying for retirement based on age or years of service more generously than those who become disabled after they could have retired based on age, does not violate the Age Discrimination in Employer Act of 1967 (ADEA), ruled the US Supreme Court. Considering the question whether a plan that lawfully makes age in part a condition of pension eligibility, and then treats workers differently based on their pension status, is automatically discriminatory based on age, the High Court in a 5-to-4 split, concluded the disparate treatment in this case, was not 'actually motivated' by age (Kentucky Retirement Sys v EEOC, Dkt No 06-1037, 91 EPD ¶43,230).
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Federal and many state minimum wage rates to go up in July
The federal minimum hourly wage rate will increase to $6.55 on July 24. This federal increase is the second part of a three-step increase put in place by enactment of House Resolution 2206 on May 25, 2007, amending the federal Fair Labor Standards Act to provide for increases to $5.85 per hour on July 1, 2007, $6.55 per hour on July 24, 2008, and $7.25 per hour on July 1, 2009.
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Electronic communications policies must combine business needs and legal liabilities
Electronic communications policies need to take into consideration the unique nature of the companies that are using them, according to Joseph L. Beachboard, an attorney and shareholder at Ogletree, Deakins, Nash, Smoak & Steward, P.C. in Torrance, California.
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