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Vol. 46, Nos. 2286-2328, pp. 1-1298 Jan. 6 - Nov. 10, 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
E-MAIL
– Text messages
See TEXT MESSAGES
– Age bias, offering program to Fla. police officers lawful where most signed valid releases, no bias in deferred option (S.D. Fla.), 75; waivers valid where knowing and voluntary (11th Cir.), 1190
– COBRA, hospital workers should have been provided with notice of health care continuation rights even though retirement package had other health benefits (W.D. Va.), 47
– Am. Recovery and Reinvestment Act
– CPI-U and CPI-W – Public sector, effects of current economic crisis felt but staffing plans better than private sector, IPMA-HR report, 167 – Recession, state and local governments implementing hiring freezes as primary strategy, pay cuts, job cuts, and other strategies, survey, In Brief, 1000 – Retirement, recent economic downturn causing delay, retaining specialized older workers helpful, survey, 616 – USPS, layoffs and early retirements announced, will not be enough to meet budget shortfall, Potter urges passing current retiree health benefits funding change, 366; pacts with APWU and NPMHU offer buyout incentives to workers who quite or retire by Nov. 30, different than NALC AND NRLC offers, 993
– Budget shortfalls, 44 states face, will require tax hikes, cuts in services, or layoffs, will worsen current recession, federal aid needed, 65
– Haw., proposed unpaid time off would slash worker pay, cause some private sector job and income losses, Univ. of Haw. Econ. Research Org. quarterly forecast, In Brief, 706; union seeks to enjoin furlough plan (Haw. Cir. Ct.), In Brief, 736; furlough plan enjoined, mayor and cabinet planning next steps to address budget shortfall, 805; injunction barring furloughs will be appealed (Haw. Cir. Ct.), 896 – Public sector employers and unions, likely that pacts will be attained through litigation and political pressure during economic downturn, conference, 1296
See TRAINING
– Tenure, assistant professor established prima facie case of race and sex bias in denial but unable to rebut school's explanation (10th Cir.), 349
– Age bias, magistrate abused discretion in imposing Rule 11 sanctions on attorney (D.C. Cir.), In Brief, 1009
– State and local government jobs, funds awarded by U.S. Ed. Dep't helped retain or create, FY2008 report, 1282
– Colleges
– Local 2376, bankruptcy judge orders mediation of Vallejo, Cal. pact with as state considers bill requiring state approval before bankruptcy filing (Bankr. E.D. Cal.), 518; motion to reject pact approved, 1021; IBEW appeals bankruptcy court approval of pact rejection, 1064
– Computer crimes, no malicious prosecution in indicting Va. county worker who used monitoring system to spy on co-workers (W.D. Va.), In Brief, 1042
– Emergency services
See FIREFIGHTERS
– Gap time between sift and overtime, N.Y.C. paramedics and EMTs not entitled to back pay (S.D.N.Y.), 1287
– Volunteers, EMTs working for county may work without pay for crew county partially funds but is separate entity, DOL opinion letter, 101 – Work-related stress, emergency communications operators may not include bonuses in overtime calculation, DOL opinion letter, 40
– Case Notes, 935
– Intentional and negligent, Wash. workers' compensation law does not apply to claims by school custodian forced to clean up after suicide of student personally known (Wash. Ct. App.), 626
– Death
See DEATH BENEFITS
– – Domestic partners
See specific benefits
See PENSIONS
– Vacation pay
See VACATION PAY
See ERISA
– Misclassification of workers
See SEASONAL WORKERS
See VOLUNTEERS
– Universal Placement Int'l, AFT files complaint against unlicensed recruiter for cheating and intimidating Filipino teachers in La. schools, 1126
– Breach of contract and due process, D.C. schools transportation division manager may pursue claim where job did not fall within statutory definition of Executive Serv. (D.C. Cir.), 707
– Political affiliation bias, Md. Social Servs. Dep't official has no 1st Amend. claim where affiliation was legitimate requirement of job (4th Cir.), 44 – Restoration rights, retirees rehired by U.S. government have rights even if at-will (Fed. Cir.), 346
– E-Verify
– – Neb., bill requiring public employers and contractors to use signed, 465
– – Utah, bill clarifying 2008 law requiring public employers and contractors to use verification system signed, 404
– Privacy, employee protection among most active areas of state laws, 2008, analysis, 194
– Emergency services
– EEO activity, promotion denial, and performance plan, worker's complaint timely where filed within 90 days of EEOC denial of reconsideration request (D.D.C.), 1041
– FEHBP, Ill. law claims for coverage denial during leave not completely barred (U.S., rev grant), 1199 – Whistleblowers, disciplined nuclear engineer loses challenge claiming retaliation for whistleblowing (Fed. Cir.), 316
– National origin bias, government bringing meritless claims for against employers with policies, witnesses tell CRC, EEOC official defends, 13
– Recreational establishment, town's seasonal lifeguards exempt from FLSA but workers of caterer providing services not covered by same exemption, DOL opinion letter, 343
– Appointments and personnel changes, AFGE objects to plan to appoint Deputy Administrator as acting Administrator, correction, 97; Jackson confirmed as administrator, 127
– Ethics, Administrator memorandum to employees set guidelines on conducting agency business in open way, 492 – Retribution, most agency workers unaware of policies on contacting OIG, most fear consequences, OIG survey, 96 – Sex bias, environmental scientist may pursue claim for retaliation after charge, more lenient standard applies to federal as well as public sector workers (M.D.N.C.), 1007
– Ed. Note: For enforcement actions other than general stories, see relevant subject headings.
– ADAAA, notice of proposed rulemaking approved, contains numerous examples, clears for OMB review, 725; EEOC proposed rule may be challenged as inconsistent with Congressional intent, speaker say, 850; EEOC notice of proposed rulemaking issued, seeks public comments, 1094; proposed rule intended to flesh out ADA Amendments Act. and simplify compliance, attorneys say, 1238 – Anti-bias laws, workplace notice revised, In Brief, 1257 – Appointments and personnel changes
– – Acting chair, Obama names current member Ishimaru, Griffin acting vice chair, 125; Obama announces intention to appoint EEO vice chair Griffin deputy director of OPM, In Brief, 459; Earp resigns, commission has 3 members, officials surprised, 732
– – Chair, Obama announces intent to name NAACP counsel Berrien, 827 – – Comm'r, President nominated former ESA official – – General Counsel, nomination of supervisory attorney Lopez sent to Senate, In Brief, 1251 – Compensatory time, requiring investigators, mediators, and paralegals to take compensatory time off in lieu of overtime pay was willful FLSA violation (Arb.), 417 – Disability bias, blind intake information representative has no claim for refusal to set aside accord where no evidence of coercion (EEOC), 1236 – E-RACE (Eradicating Racism and Colorism from Employment), testing important in initiative but Earp unable to finalize anything broader than fact sheet, Outlook, 179 – Family responsibilities bias, technical assistance listing best practices for potential bias against caregivers issued, 495 – Federal sector complaints, comments on proposed rule changes under review, Outlook, 179; time ripe for EEOC to improve practice and procedures in handling bias charges, Analysis, 446; lack of timeliness, insufficient resources, and lack of accountability among systemic problems, GAO report, 964 – Federal Work Force, annual report, FY2008, 1055 – FY2010 budget, funding would increase under President's proposal after FY2009 hike, staff jobs being advertised to handle workload, 552; bill, see LEGISLATION, FEDERAL, HR 2847 – GINA, final rule to be issued this month, semiannual regulatory agenda, 266; proposed rule inserting references into existing procedures for ADA and Title VII issued, 586; proposed final rule sent to OMB for review, In Brief, 969; DOL, SSA, and IRS release interim final rules, 1125; steps to handle using health risk assessments before effective date discussed, 1239 – Health insurance, requiring workers to participate in Clinical Health Risk Assessment to be eligible violates ADA, opinion letter, 558 – HIN1 virus, technical assistance documents provides guidance on preparations without violating ADA, 559 – Hispanics in federal government, work group issues final report with recommendations for hiring, retention, leadership development, and promotions, 95 – Mgmt. Directive 715, report finds USCG fails to analyze barriers and workers handling issues not adequately trained, House panel demands immediate action, 398; panel leaders urge Controller Gen. to ask GAO to study OCR, implementation of EEO programs, 459; progress made in implementing recommendations of report criticizing failure to increase diversity, 759 – Race and sex bias, attorney denied ALJ job has no claim where steps to comply with prior order provided (D.D.C.), 438 – Race bias, hardship transfer for another worker did not breach accord with Seattle field office worker (EEOC), 1079 – Staffing, AFGE officials mention need for more staff, 159 – 2009, agency welcomes new leadership and acclimates to new headquarters, more funding needed for more staff and to enforce ADAAA and GINA, Outlook, 179
– Fair Pay Act
– Lilly Ledbetter Fair Pay Act – Paycheck Fairness Act
– – Affirmative defense, claim time barred, grants coordinator established prima facie case but county proved based on other factors (3d Cir.), 471; grants coordinator timely filed claim for paychecks received 300 days before EEOC charge (recon), 1157
– – Male counterpart paid higher salary, Mo. elections board director may pursue claim (E.D. Mo.), 654 – – Mixed gender, VA nurse practitioners paid less than male physicians' have no claim, Act does not address predominately single sex job classes (Fed. Cl.), 202 – – Paying female director less than men in comparable jobs, NTSB acted wilfully and in bad faith (Fed. Cir.), 74 – – Recession, economic times increasing burden on women to support families, makes laws to strengthen protections more urgent, DeLauro says, 540
See PAY EQUITY
– ATSA, unsuccessful airport screener applicant may not challenge decision where law creating TSA gives administrator discretion (2d Cir.), 405
– Contract nonrenewal, music professor whose contract removed after student complaint about homosexuality remarks has no claim (S.D. Miss.), 1292 – Covered workers, Mo. county juvenile court workers have no claim for exclusion from retirement fund where jobs controlled by court (Mo.), 203 – Defamation, supervisors immune from claims for failing to clear Conn. corrections officer accused of choking co-worker (Conn. App. Ct.), 980 – Disparate treatment, Cal. police officer may pursue claim for harsher discipline of officers who did not participate in or reported criminal conduct (E.D. Cal.), In Brief, 205 – Gender variance bias, male Ga. legislative editor has claim for firing after presenting at work as woman (N.D. Ga.), 871 – Ill., Cook Cty. hospital physicians' multiple claims may proceed to trial (N.D. Ill.), 254 – Moonlighting, no constitutional violation where N.J. changed ethics code to bar practicing law while serving as state troopers (D.N.J.), 872
– Carpal tunnel
– Fiduciary duties
See FIDUCIARY DUTY
– Preemption, MVRA may garnishing pension benefits owed by La. sheriff's fund to individuals who pled guilty, CCPA monthly limits only apply to wages (E.D. La.), 107
– Collateral
– Judicial, failure to disclose pending sex bias claim in bankruptcy petition does not bar pursuing Title VII claim (7th Cir.), 532
– Case Notes, 935
– Civil cases, proposed rule on procedures for requesting documents or testimony from FLRA workers issued, 11; final rule published, In Brief, 337 – EPA, Administrator memorandum to employees set guidelines on conducting agency business in open way, 492 – Professional codes of conduct, ethics and integrity, alliance launched web site to increase awareness, encourage professionals to put into practice, 642 – Public corruption, formation of Ill. Reform Comm'n to study options for enhancing and ensuring higher degrees of conduct announced, 38 – Revolving door, Obama signs E.O. restricting, barring officals from taking gifts from lobbyists, 95
– Performance
– Civil service merit boards, Tenn. courts may only reverse or modify decision if constitutional or statutory provision violated, acting outside authority, used unlawful procedures, abuse of discretion or unsupported by evidence (Tenn.), 355
– Hearsay
See HEARSAY
– Prior suits, Commercial vehicles, bus driver fired when no longer medically able to drive has no claim, evidence of 21 suits properly admitted for impeachment (3d Cir.), 502 – Recording of supervisor's conversation with temporary, man complaining of sex bias may introduce, no wiretap violation where no expectation of privacy (D.N.M.), 905
– Promotion testing
See TESTING
– Ethics, Obama signs order restricting revolving door between service and lobbying, bars officals from taking gifts from lobbyists, 95
– Fed. Advisory Council on Occupational Safety and Health, charter extension until 2011 signed, In Brief, 1124 – Labor-management cooperation, Towns (D-NY), Lynch (D-Mass) and Norton (D-DC) urge Obama to issue E.O. reinstating, In Brief, 733; union leaders respond enthusiastically to proposed E.O., AFGE Counsel says, 942; new draft to re-establish would not require bargaining over permissive topics, 1245 – 13473, OPM publishes final rule making certain military spouses eligible for noncompetitive hiring, 966 – 13488, Bush signed E.O. directing U.S. agencies and contractors to recognize security clearances decisions by other agencies, 162; OPM issues proposed rule to establish standards for implementing, 1278 – Text messaging, order barring while driving on official business and using government equipment signed, 1120
– Arbitration, FOP pact requires D.C. correctional worker to file ULP charge for firing (D.C. Cir.), 137
– Case Notes, 954 – Disability bias
– – Conditions of reinstatement, claim by postal worker who failed to file EEOC charge for firing after violating after hitting supervisor dismissed (7th Cir.), 436
– – Hostile environment and retaliation, postal worker may pursue bias claims where EEOC rule on presumed receipt excused untimely filing (D. Colo), 1227 – Disability, race, sex, and sexual orientation bias, federal worker who complained to EEO officer, trial court must determine intent to start process (9th Cir.), 898 – Whistleblowing, Cal. state workers may bring damages claims after adverse initial findings without continuing administrative procedures (Cal.), 353 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
