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Vol. 55, Nos. 2710-2743 pp. 1-1158 March 5, 2009 - Nov. 5, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
MAINE
– Legislative and regulatory roundup, 31; 63; 194; 267; 486
– Workers' compensation, bill ensuring workers on public projects covered signed, 687
– Standard occupational classification, list of updated job descriptions changed and evolved over past decade, includes green job listings, 9
See ARBITRATION
– Apollo Green Mfg. Action Plan, coalition of labor, business, community, and environmental leaders release roadmap for rebuilding capacity around clean energy, 246
– Buy America provision – Job creation and economic growth, sound national policy, including infrastructure projects, workforce development, and fair trade essential, conference, 1143 – Kaiser Gypsum, substantial evidence supported jury finding exposure to asbestos-containing products contributed to death but allocation of fault to apportion award improper (Cal. Ct. App.), 301 – R-Anell Housing Grp., prefabricated building maker to pay damages, intensify recruitment of women for sex bias in hiring, EEOC accord (W.D.N.C.), 818 – Weil-McLain, jury award to spouse for asbestos-related death improper where jury barred from hearing about other workplace exposure (Ill.), 339
– James Marine, only female welder has sex bias claim for failure to provide equivalent facilities such as private locker room but no pregnancy or disability bias (W.D. Ky.), 371
– U.S. Joiner, worker's claims for injuries on vessel under construction rejected, unfinished vessel not subject to maritime law (S.D. Miss.), 895
– Apprentices, bill creating new training requirements for public works contracts subject to prevailing wage laws signed, 417
– Green initiatives, bill authorizing funding for modernizing, renovating, and repairing schools emphasizing use of green techniques in FY2010, 404 – Independent contractors, bill setting penalties for construction and landscape service firms who knowingly misclassify workers passed, 223; signed, 377; executive order creating new enforcement task force to crack down on employer violations issued, 725 – Legislative and regulatory roundup, 31; 63; 157; 194; 227; 267; 861
– A.L.L. Masonry Constr., contractor has no RICO claim against competitor who won bid by using undocumented workers to lower payroll costs (N.D. Ill.), 759
– Apprentices, DOL awards funds to help update programs, 783 – Carmody Masonry, general contractor to pay restitution after guilty plea for failure to pay prevailing wages on school addition, prosecutors say, 725 – Ceisel Masonry, contractor to pay damages for national origin bias against Latino workers, EEOC accord (N.D. Ill.), 437 – 4 Brothers Stucco, OSHA proposes fines for repeat and serious violations of fall protection and other hazards, 212 – Painting and Decorating, OSHA proposes fines for stucco work on scaffold without guardrails or a fall protection system, 813 – Tile, Marble & Terrazzo Contractors Ass'n of Indianapolis, BAC Local 4 pact attained, strike ends, 572
– Caltrans, bill letting transit agencies use design-build contracting through 2014 signed, 1126
– DOT, grant program will put emphasis on project's long-term benefits and job creation potential, 408 – Federal Surface Transportation Policy and Planning Act – Mass. Turnpike Auth., legislature approves major restructuring, consolidates multiple agencies into unified department and cut benefit costs for transit workers, 577; signed, 611 – N.J. Transit, contract for Mass Transit Tunnel awarded, 419 – New Starts, FTA project approval is barrier to greater private sector role, GAO report, 1148 – N.Y., Metro Transp. Auth., contractor and LIUNA local officials indicted for defrauding workers by not paying prevailing wages on subway renovations (N.Y. Sup. Ct.), 515 – Railroads
See RAILROADS
– Transit security grant programs, DOT official assures House panel that references to Davis-Bacon Act rules included in FY2009 guidance, 147
– Big Dig
– – DBEs, minority business agreed to plead guilty to submitting bid for work done by another firm (D. Mass.), 378; subcontractor sentenced, ordered to pay fine, 926
– – Making false statement, maker of epoxy used in tunnel that collapsed pleads guilty (D. Mass.), 961 – – Sex bias, women-owned trucking firm may not sue FHWA staff individually for delay in processing bias claim against state agencies (D. Mass.), 412 – – Supplying substandard concrete for 10 years, former managers plead guilty, agree to testify against others (D. Mass.), 632; jury convicts managers after trial, 755 – Evading workers' compensation payments and filing false tax returns, roofing contractor arraigned (Mass. Super. Ct.), 346 – Prevailing wage and overtime violations, painting firm agrees to pay fines and restitution for failure to pay on state school and other construction projects., 60 – Prevailing wages
– – Failure to pay and to submit payroll records, Mass. charges N.H. caulking official (Mass. Super. Ct.), 943
– – Web-based application, labor officials unveil to get rate schedules for public projects, will make process more readily for ARRA projects, 766 – Turnpike Auth., legislature approves major restructuring, consolidates multiple agencies into unified department and cut benefit costs for transit workers, 577; signed, 611 – Wage and labor protection laws and misclassification of workers, task force to crack down on employers collects $1.4M in first year of operation, 577 – Worker misclassification, drywall firm to pay fines, accept debarment for underpaying workers on public sites, 547 – Workers'compensation, construction and demolition contractor must pay damages after pleading guilty to failure to pay premiums or overtime and payroll record violations (Mass. Dist. Ct.), 727
– SMWIA and UTU, UTU president says proposal dead despite appeal, enjoined after members complained about inadequate notice of referendum, 666
– Local 46
– – Money laundering, benefit fund not entitled to be treated as crime victims by construction official found guilty (2d Cir.), 505
– – ULP, builder failed to satisfy LMRA requirements in suit for picketing use of nonunion labor (S.D.N.Y.), 601
– Atlantic States Cast Iron Pipe, firm fined, submits to monitoring multiple environmental and safety law violations after managers convicted of conspiracy (D.N.J.), 289
– Buy America provision
See STEEL INDUSTRY
– U.S. immigration reform
See IMMIGRATION
– Apprentices, ERISA does not bar state law setting ratio and equivalency for electricians (U.S., rev den), 107; state inspectors to start enforcing ratios, 155
– ARRA, bill authorizing state to spend stimulus funds on prioritized projects signed, 62 – Detroit River Int'l Crossing, state DOT may spend funds on planned bridge linking Detroit with Windsor, Ontario, no further funding for FY2010 budget, 1032 – Green jobs, report identifies kinds of jobs in demand in alternative-energy sector and types of training needed, 381 – Hire Mich. First, bill giving preference to firms that hire state residents, sets penalties for not paying prevailing wages and hiring undocumented workers passed, 124 – Ingham Cty., policy requiring PLAs on county-financed jobs of $100M or more approved, 576 – Legislative and regulatory roundup, 31; 63; 157; 267 – Oakland Cty., proposal to require contractors on projects costing more than $10K to pay prevailing wages rejected, 1128 – Transportation projects, public-private partnerships can be effective in helping cash-strapped states to fund, witnesses tell joint House-Senate hearing, 975
– Local No. 1102 Supplemental Pension Fund, DOL requires investment firm official to restore fund losses, consent decree (N.D. Ill.), 779
– UBC
See CARPENTERS (UBC)
– DOL opinion letters
– Workplace abuse, Solis says increased enforcement of wage and hour laws intended to send message to employers that fail to comply, car wash industry egregious, 717
– Green buildings, group of nonprofit groups supporting developers of affordable housing to bring into needy homes, 405
– Infrastructure needs, governor urges Transp. Dep't to pursue more public-private partnerships to fund, 1157 – Legislative and regulatory roundup, 31; 63; 157; 194 – Loan guarantees, tax credits, low income housing credits and other measures to spur construction, state senate passes bill but House does not consider, 541 – Market recovery, NLRB must hear mechanical contractor's claim that PPF Local 539 threatened to rescind grant if contractor let nonunion subcontractor work on project (Minn.), 793 – Prevailing wages, GOP legislator proposes bill requiring time out if deficit forecast, 126 – St. Cloud, employees of independent contractors hired by state not covered by data practices law, data public and must be disclosed upon request (Minn.), 374 – St. Paul, city council approves policy letting city consider PLAs on projects over $250K, 515
– DBEs
See specific form of discrimination
– Latinos
See HISPANICS
– Substance abuse
– Clean and Renewable Energy Constr. Act, plans to build nuclear power plant suspended after funding bill opposed by consumer groups, 311
– Design-build, bill letting state designate for state transportation projects signed, 646 – Kansas City, Builders Ass'n pact with IUPAT Council No. 3 attained, 270; Glaziers Local 558 pact attained, 270 – Legislative and regulatory roundup, 31 – Prevailing wages
– – School facility, state files criminal charges against plumbing subcontractor for failing to pay and rebating worker's wage (Mo. Cir. Ct.), 575
– – Truman Sports Complex, Kansas City charges contractor with misdemeanors in failure to pay on public renovation project (Mo. Cir. Ct.), 648 – Transp. Dep't, creation of new division to increase participation by DBEs announced, 546 – Workplace hazards on construction projects, OSHA announces special emphasis program aimed at reducing, funding by ARRA, 504
– Legislative and regulatory roundup, 31; 63; 267
See HOTELS
– Alexander L. Booker Child Protection Site Safety Act
– Public policy, IUOE pact holding contributing employer harmless for withdrawal liability does not violate public policy and is enforceable (3d Cir.), 933
– Withdrawal liability, welding firm not required to arbitrate amount where accord contained waiver if delinquent contributions made (N.D. Cal.), 372
– Accrual rates, no ERISA violation in calculating differently after break in service (D. Mass.), 604
– Alter egos
See ALTER EGOS
– Chicago Plastering Inst. Pension Funds
– – Sale of business, purchaser not successor to contractor, not liable for unpaid contributions (N.D. Ill.), 121
– – Unpaid contributions, request by benefit funds to recover costs of audit properly denied where qualifications of auditor and tasks done not included (7th Cir.), 639 – Fiduciary breach, participant whose monthly benefits miscalculated because delayed retirement misapplied has no claim for continuing enhanced benefits (3d Cir.), 677 – Financial crisis, equity reserves decimated markets, steep asset declines during time maintaining contribution level harder, 741 – IUPAT Industry Pension Fund, bankruptcy code automatic stay violated by offsetting debtor's benefits by contributions owed by employer (7th Cir.), 297 – Local 520 Pension Fund, evidence about whether CBA covered period during which employer failed to make contributions unclear, summary judgment motion denied without prejudice (S.D. Ill.), 755 – Participation agreements, duty to contribute to pension fund did not extend beyond IBT pact expiration (U.S., rev den), 152 – Postretirement work, no abuse of discretion in suspending retired worker's benefits while working on asbestos abatement (E.D. Va.), 605 – Ratification, demolition firm must pay contributions, letting books be audited affirms registered agent's signature on LIUNA CBA (E.D. Mo.), 892 – Service credit, no abuse of discretion in refusing to give for years served as trade school instructors (7th Cir.), 1121 – Shareholder activism by union pension funds, little benefits to participants, Solis asked to protect by ensuring no breach, 465 – UBC Philadelphia Pension and Annuity Plan, retiree who got benefits while working for contractor must repay benefits (E.D. Pa.), 850 – Underfunded pensions, economic and financial crisis has caused, survey, 334 – Unfunded liabilities, FASB small business panel urges board to address reporting issues, 495 – U.S. Rebar, former president who pled guilty of conspiracy to launder money and paying worker in cash to avoid union duties not personally liable for restitution (E.D.N.Y.), 439; Metal Lathers Local 46 not crime victim, may not get restitution (2d Cir., per curium), 505 – Waiver, IUOE pact holding contributing employer harmless for withdrawal liability does not violate public policy and is enforceable (3d Cir.), 933 – Worker, Retiree, and Employer Recovery Act, IRS issues guidance on pension funding relief, 139; IRS extends deadline for plan sponsors to decided whether to freeze plan funding status, 326; Rev. Proc 2009-43 lets multiemployer plan sponsors to revoke funding status elections made before financial market collapse, 922; IRS and Treasury release final rules on measuring assets and liabilities to comply with single employer requirement, benefit restrictions on underfunded plans, 1048
– Alter egos
See ALTER EGOS
– Construction industry, more time needed to address declining project activity and market downturns that affect funding status, actuaries say, 360 – Contributions, unpaid amounts are not plan assets, personal bankruptcy could discharge debt to plans (2d Cir.), 368 – Damages, IBT welfare funds may not get late fees or damages for failure to make timely contributions where contractor paid delinquencies before suit (S.D.N.Y.), 57 – Delinquent contributions, SMWIA benefit funds may get damages for delinquencies but may not get firm audit where not previously requested (E.D. Va.), 1001 – Employer status, minority shareholder qualified as employer, liable for welfare plan contributions (N.D. Ill.), 56 – ERISA
See ERISA
– Fiduciary duty, plan trustees' class action against investment firms for role in Madoff-related investment losses
See FIDUCIARY DUTY
– Industry promotion funds
– – Like-kind, contractor that signed national PPF pact incorporating 2 Mich. locals not required to make contributions to both benefit funds (6th Cir.), 507; (en banc rev den), 895
– – Local CBAs, engineering firm bound by national pact not required to make contributions (6th Cir.), 185
See FIDUCIARY DUTY
– Other postemployment benefits, GASB seeking comments on draft guidance, 599 – Piercing the corporate veil, drywall firm owner not liable where financial woes related to market decline and lender bankruptcy (D. Minn.), 149 – Prohibited transactions, EBSA seeks comments on safe harbors for delinquent or uncollectible employer contributions, sharing office space and administrative services, and buying or leasing personal property from contributing employers, 625 – Scope of pact, arbitrator exceeded power in finding firm not required to make benefit contributions for nonmembers in bargaining unit (D.N.J.), 19 – Securities, Wis. county retirement system made lead plaintiff in class suit against mortgage insurer for failure to disclose subprime loans (E.D. Wis.), 221 – Status freeze, more than 2/3 of calendar year plans with critical funding status took advantage of election opportunity, survey, 632; IRS seeks public comment on revocation of status freeze elections, 665 – Successor employer and alter egos, electrical contractor and associated family companies jointly liable for unpaid benefit plan contributions (S.D. Ill.), 298 – Unfunded, EBSA proposes procedures for assessing civil penalties against plan sponsors for violating mandatory funding improvement, 879; IRS and Treasury release final rules on measuring assets and liabilities to comply with single employer requirement, benefit restrictions on underfunded plans, 1048 – Vesting, amending plan to put 2 year limit on disability benefits after injury violates ERISA, participant gets retroactive benefits and interest (S.D. Ohio), 636 – Waiver, plumbing contractor that endorsed arbitration panel authority to decide benefit fund liability may not challenge after decision (N.D. Ill.), 1055 – Withdrawal liability, welding firm not required to arbitrate amount where accord contained waiver if delinquent contributions made (N.D. Cal.), 372 – Wyo. Associated Builders, ending health benefits because employer premium not posted on time was pretext to avoid paying for expensive cancer treatment, reinstating coverage retroactively equitable remedy (10th Cir.), 752
– Health care fraud, Borzi describes EBSA enforcement priorities, 916
– PLA, contractor who oversaw stadium construction not liable for subcontractor's unpaid contributions to health, welfare, and apprentice funds (8th Cir.), 672 – Race bias, African-Am. contractor may not pursue bias claim for UBC suit for delinquent contributions (E.D. Pa.), 788
– Ergonomics
See ERGONOMICS
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