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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
FAA
– Policies
See generally CONTRACTING OUT
– Breastfeeding Promotion Act
See MINIMUM WAGE
– Overtime
– Pay, AFSCME breached duty in pursuing grievance to cut pay of secretary after another bargaining unit member complained (Conn. App. Ct.), 78
– Public workers, N.Y.C. worker may not pursue claim where not covered by LMRA (2d Cir.), In Brief, 1139
See AGENCY FEES
– Family and Medical Leave Inclusion Act
– Work and family balance
See WORK/LIFE ISSUES
– Case Notes, 26
– Domestic Partner Benefits and Obligations Act – Paid, financing by adding to Social Security program proposed, cost minimal and several financing options, CAP report, 705
– Call-in policy, hospital janitor on medical leave lawfully fired for failure to call in absences or provide medical documentation (8th Cir.), 43
– Case Notes, 206; 295; 478 – Daily call-ins, Ohio county did not interfere with rights in firing worker taking concurrent paid sick leave (6th Cir.), In Brief, 1139 – Equitable estoppel, no remedy available to part-time Mass. school monitor who had not worked enough hours to qualify to take time off to care for sick husband (1st Cir.), 970 – Family and Medical Leave Inclusion Act – Maternity leave, teacher whose contract was not renewed after telling principal of pregnancy has no claim where leave granted (N.D. Ill.), 177 – Military families
– – DOL final rules let families of wounded personnel take unpaid leave for care, separate from regular FMLA leave, adds exigency and intermittent leave, 113
– – OPM proposes amended rules letting family of wounded personnel take 6 months unpaid leave to provide care, 989 – Retaliation
– – Involuntary leave for surgeries, school custodian put on unpaid leave after returning to work with restrictions has claim (6th Cir.), 1069
– – Misconduct, Ill. juvenile detention facility head failed to prove firing was pretext where audit report issued during medical leave (7th Cir.), 467 – – Performance improvement, fired Ill. worker had no claim where no evidence refusal to sign plan was pretext (7th Cir.), 434
– Best practices, EEOC issues technical assistance addressing on potential bias against caregivers, 495
– Caregiver status, number of Americans who work and care for children, parents, or others continuing to rise, adverse actions based on stereotypes, Analysis, 207
– Automatic agency contributions to TSP accounts, FRTIB issues interim final rule, seeks comments, 729; interim final rule effective with tobacco bill signing, In Brief, 801
– TSP, changes coming, FRTIB executive staff told board, 728
– Death benefits
See DEATH BENEFITS
See generally CONTRACTING OUT
– Air traffic controllers
– – Pandemic flu, greatest barriers in planning because workers may not wear PPE that might impair ability to signal, GAO report, 730
– – Pay hikes higher than federal GS workers, GAO report, 639 – Case Notes, 295; 935; 954 – Disability bias, air traffic control specialist who had to delay return to work after knee injuries and breast cancer entitled to accommodation (EEOC), 878 – FAA Reauthorization Act – NATCA, pact resolving labor dispute first priority of administration, 188; LaHood appoints mediators to address pact dispute, 516; pact attained, Babbit and NATCA official hail as major milestone, 941; pact ratified, 1085 – Occupational safety and health, OSHA to continue inspection program evaluating worker egress from airport control towers through FY2009, 943 – Reauthorization bill – Sex and disability bias, appealing agency EEO or MSPB decision bars bias claims, air traffic controller who filed 5 bias suits aware of waiver (4th Cir.), 1002 – Sex bias, retaliation suit by air traffic controller dismissed where unable to identify court dismissing first case and no basis to impute supervisor misconduct to agency (6th Cir.), 468
– Censorship, special agents who criticized agency's handling of terrorist funding have 1st Amend. claim for using FOIA exemptions to block disclosure (D.D.C.), 682
– National origin and race bias, agent denied job as legal attache in Rome office despite being highest ranked candidate has claim (D.D.C.), 175 – Off-duty conduct, MSPB must reconsider claims of special agent fired for making sexual videotapes, standards not articulated and no analysis of whether criminality would affect (Fed. Cir.), 675
– FY2010, Solis proposes increased funding to add more staff, 582
– Hiring, U.S. agencies used special authority to fill acquisition related jobs with retirees in FY2008, report, 555
– Acquisition workforce human capital succession, NDAA requires focus on recruitment, retention and development of contracting officers and managers, OFPP memo, 96
– ARRA, DHS needs priority personnel hiring plan to properly award and manage contracts, IG report, In Brief, 967 – Combat zone indicators, IRS use to identify military or civilians who support missions often inaccurate, IG report, 1218 – Contracting out
See CONTRACTING OUT
– Misconduct, postmaster properly fired for providing fraudulent divorce decree in investigation of contract with husband (Fed. Cir.), 592 – OFCCP – Policies
– Ed. Note: This heading is used for general stories. For specific articles, see specific agencies and topics.
– Am. Recovery and Reinvestment Act – Business travel, GSA final rule clarifies that cost of meals and incidentals must be deducted from expense allowance where included or otherwise provided, but religious and medical exemptions available, 457 – Case Notes, 206 – 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 – Disabled workers, Nat'l Council on Disability says government should use chances to increase numbers and prevent departures, policy paper, 398 – Domestic Partner Benefits and Obligations Act – Employee engagement, most workers take pride in work and view as important but more steps must be taken, MSPB report, 1090 – Executive branch, Obama signs E.O. restricting revolving door, barring officals from taking gifts from lobbyists, 95 – FECA – Federal Employees Paid Parental Leave Act – Federal Supervisor Training Act – FEHBP
– – Acquisition related jobs, agencies used special authority to fill with retirees in FY2008, report, 555
– – Job simulations, may be important tool for evaluating performance potential but not suitable for all agencies or jobs, MSPB report, 1277 – Internships, few students employed in 2009 will be hired full-time after graduation, report, 429 – 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 of executive order to re-establish would not require bargaining over permissive topics, 1245 – Law enforcement
See LAW ENFORCEMENT EMPLOYEES; specific agencies
– Make It Safe Coalition, coalition letter urges President to support bills strengthening retaliation protection, signing statement for prior law not enough, 396 – Managers, haphazard cuts will not make government more efficient or effective, groups tell Obama transition team, 5 – Pay – Pensions – Postal workers – Telework Enhancement Act – Travel and transportation expenses
See WHISTLEBLOWERS
– Appointments and personnel changes, president Brown death announced, In Brief, 800
– Alternative pay plan, workers would get 2% avarage raise under President's letter to Congressional leaders, 1017
– Availability pay, NOAA investigator fired for inaccurate time and attendance data has no claim for accord breach, unable unscheduled duty (Fed. Cir.), 681 – Burden of proof in pay grade claim appeals clarified in favor of employees (MSPB), 259 – Civilians overseas, agencies deploying need better ways of ensuring proper pay and benefits, GAO report, 794 – FECA – FY2010 – Increases, Obama proposes civilian and military hikes, FY2010 budget, 241; language from Spratt (D-SC) supporting parity in pay hikes for civilian and military workers added during markup, 365 – Nonforeign COLAs, bill to replace with locality pay system – Pay gap, GAO report finds difference narrowing but sex-based differences can not be explained, EEOC and OPM comment, joint Equal Pay Day hearing, 542 – Performance-based pay
– – Adverse action based on poor performance, difficulties inherent in system itself, MSPB report, 1148
– – Oversight of performance awards and incentives harder because of different rules, CRS report, 5 – – Strategies for improving performance management while perserving merit principles, House members urge OMB to half programs pending review, 427 – – USDA to start demonstration project for non-bargaining unit workers in July, 158 – Student loans, increase in investment in repayment program found, OPM report, 2008, 965 – Transportation Security Workforce Enhancement Act
– Restoration rights, retirees rehired by U.S. government have rights even if at-will (Fed. Cir.), 346
– Worldwide Assurance for Employees of Public Agencies, workers get premium refunds, In Brief, 1219
– Dental and vision benefits, OPM issues proposed rule allowing enrollment changes retroactively when family member dies or becomes ineligible, 666
– Domestic Partner Benefits and Obligations Act – Preemption, Ill. law claims for coverage denial during leave not completely barred (U.S., rev grant), 1199 – Premiums, costs expected to be hiked by 8.8% in 2010, OPM fact sheet, 1119 – Prescription drug benefits – System that provides benefits for workers, retirees, and dependents that provides benefits and controls costs among new OPM chief goals, 637
– Agency-specific
See specific agencies
– Disabled Military Retiree Relief Act – Family Smoking Prevention and Tobacco Control Act
See 403(b) PLANS
– LEO benefits, only half of federal workers receiving meet requirements, GAO report, 916 – Military retirement and annuitant payments, services currently done by contractor will be done by DFAS, director announces, 492 – Overpayment
– – Former worker mistakenly in FERS may keep only OPM-cited overpayments (Fed. Cir.), 251
– – State dep't, certifying official at foreign embassy not personally liable for overpayment of retirement benefits, GAO rules, 306 – Secret Service – Systems, goal of modernizing paper-intensive processes and antiquated systems not achieved despite years of effort, GAO report, 491 – Thrift Savings Plan
– Ed. Note: For enforcement actions other than general stories, see relevant subject headings.
– Appointments and personnel changes
– – Chair, Obama designates Pope acting chair, 216; Pope outlines goals for future of agency in radio address, 304; Pope named chair, confirmation hearing not needed, In Brief, 371; Pope announces new effort on improve mission of providing leadership in federal labor-management relations, 1149
– – Member and general counsel, DuBester and Clark nominations sent to Senate, In Brief, 667; general counsel documents reposted to web site but may not be updated until Clark nomination confirmed, 799; nominees tell Senate panel of commitment to improving authority's operations and attacking case backlog, 890; confirmed, In Brief, 920 – Foreign Service Labor Relations Auth., appointment of Hockenberry and Ledford as members announced, In Brief, 966 – General counsel manuals, guidance, and policies, Pope announces restoration to web site, remaining members seeking input on oldest pending cases on whether to issue formal opinions, 799 – Statutory training programs, General Counsel announces free sessions starting in Nov., In Brief, 1219
– Appointments and personnel changes, Cohen nominated director, In Brief, 801
– Hiring, employer not subject to physical qualification standards may not follow without considering individual circumstances, EEOC opinion letter, 403
See PREEMPTION
– Acquisition professionals, more hiring needed to keep up with contract spending and complexity increases, strategic plan, 1279
– Acquisition workforce human capital succession, NDAA requires focus on recruitment, rentention, and develpment of contracting officers and managers, memo, 96
– Contracting out, use of contract security guards to protect federal buildings continuing despite Congressional efforts to protect employees, CRS report, 125; DHS proposed FY2010 budget transfers FPS from ICE to Nat'l Protection Programs Directorate, AFGE praises, 550; serious problems continue to cause security risks, GAO says required training not conducted, 793; transfer from ICE to Nat'l Protection and Programs Directorate announced, 1247
– Human capital planning, lack of long-term strategic plan continues to hamper performance of mission as workforce increases, GAO report, 919
– Occupational safety and health, OSHA orders corrective action, back pay, fees, and punitive damages for N.Y. commuter railroad retaliation, 766
– Retaliation, worker denied promotion may pursue claim despite failure to establish prima facie bias claims (D.C. Cir.), 346
– Appointments and personnel changes, President names Jacksteit, Malin, Franklin, Johnson, Angelo, Hartfield, and Wasserman new members, 1054
– Representation rights, barring union representative from administrative actions after BOP worker firing lawful (FLRA), 779
– Sex bias, man complaining of bias may introduce recording of supervisor's conversation with temporary, no violation where no expectation of privacy (D.N.M.), 905
See generally FEDERAL EMPLOYEES' PENSIONS AND RETIREMENT
– ERISA, plan established by N.Y. school district exempt, no jurisdiction for claims of fiduciaries paying kickbacks to insurer (S.D.N.Y.), 1106
– 403(b) plan, DOL files amicus brief support argument that NEA incapable of establishing governmental plan, Valuebuilder just annuity option (9th Cir.), 1060
– Barclays Global Investors, TSP fund manager being sold to BlackRock, chief investment officer calls good news, 728; CEO describes advantages of merger, automatic enrollment will increase TSP participation, 858
– FBL Fin. Servs., 1991 CRA provision superseding direct evidence requirement does not apply to ADEA claims (U.S., rev grant), 146; workers bringing disparate treatment claims must prove age was the but-for cause for adverse action (dec), 749; worker advocates say courts discount importance of ageist comments, recent Sup. Ct. decisions reinforce, 829; new standards will have significant impact but may be felt in litigation, not daily operations, practitioners say, 880; Protecting Older Workers Against Discrimination, see LEGISLATION, FEDERAL, HR 3721, S 1756
– Pandemic flu, operational plans for production staff responsible for disbursing payments in place, GAO report, 730
See PENALTIES
– Legislative conference, President will sign bill requiring state and local government public safety workers to form unions, bargain collectively, sign pacts, and use impasse resolution, Biden say, In Brief, 345
– Local 188, Cal. may not compel PERB to issue ULP complaint, city had no bargaining duty for layoffs based on financial crisis (Cal. Ct. App.), 414 – Local 341, pact with Houston, Tex. attained, 225 – Local 1186, bankruptcy judge orders mediation of Vallejo, Cal. pact with as state considers bill requiring state approval before bankruptcy filing (Bankr. E.D. Cal.), 518 – Local 1687, arbitration-based impasse resolution provision requiring expenditure of N.M. funds not effective until legislature makes appropriations (N.M. Ct. App.), 876
– Ala., Montgomery, dual assignment rules overtime for investigators serving as firefighters and law enforcement officers made obsolete by superseding FLSA amendment (M.D. Ala.), 1261
– California
– – L.A. Cty. public safety unions agree to 1-year extension of expired pacts, 247
– – Los Angeles, evidence supports jury award for retaliation for opposing policy favoring women upheld (Cal. Ct. App.), 504 – – Richmond, state may not compel PERB to issue ULP complaint, no bargaining duty for layoffs in financial crisis (Cal. Ct. App.), 414 – – Vallejo, municipality in Chapter 9 bankruptcy may void union pacts (Bankr. E.D. Cal.), 339; bankruptcy judge mediates IAFF and IBEW pacts while state considers bill requiring state approval before bankruptcy filing, 518; bill requiring localities to get state approval before declaring bankruptcy approved, 704; city satisfied legal requirements to file for municipal bankruptcy protection (9th Cir.), 804; IBEW appeals bankruptcy court approval of pact rejection, 1064 – Colorado
– – Collective bargaining, bill changing system of local voter approval vetoed, safety standards urged, 670
– – Fire and Police Pension Ass'n, bill suspending annual contributions for 3 years for budgetary reasons signed, additional bill requires compliance with IRC, 519
– – New Haven, declining to certify results of promotional exams was race-neutral (U.S., rev grant), 82; case among labor and employment cases under active consideration, 146; decision will have important consequences for public and private employers, management lawyer says, 479; decision not to certify test results due to fear of litigation by black candidates who failed violates equal protection (oral arg), 507; discarding results of promotional exams favoring white and Hispanic test takers was intentional race bias (rev), 819; need to be careful about selecting workers for RIFs, promotions, and other large scale actions recommended, 880; teaches not to make decisions based on race or to avoid lawsuits, Analysis, 1170; black firefighter charges weighting of oral and written parts of promotion exam has disparate impact on African Americans (D. Conn.), 1220
– – Waterbury, reduction of retirement benefits through bargaining no due process violation (D. Conn.), 318
– – Race bias, applicants who challenged qualification test may not sue where EEOC charge not filed within 300 days of notice (U.S., briefs sought), 631; when charge-filing period starts to be considered (rev grant), 1140
– – Reverse bias, accord establishing damages allocation process for class of white firefighters denied promotions after test scores altered to address racial disparities approved (N.D. Ill.), 338 – Kan., Iola, DOJ charges firefighter suspended and put on probation after active Nat'l Guard duty (D. Kan.), 38 – Md., Bethesda, deputy volunteer chief fired for speaking to press about safety issues gets damages in accord for 1st Amend. claim (D. Md.), 494 – Mass., governor warns of upcoming layoffs, urges reform of state defined benefit plans, In Brief, 133 – Mich., Riverview, fire marshal's hugs and remarks about dispatcher's appearance not severe or pervasive enough for hostile environment (6th Cir.), 379 – Minn., Rochester, Native Am. man and white woman denied jobs failed to provide evidence of bias in hiring decisions (D. Minn.), 76 – Mont., Butte-Silver Bow Cty., 35 year old applicant has claim that barring original appointment over 34 unconstitutional (Mont.), 979 – New Jersey
– – Camden, African Am. firefighters keep compensatory damages for 1st Amend. claims but new trial on punitive damages for race bias needed (D.N.J.), 685
– – Wash. Twnshp., dissolution of fire district and creation of fire division to replace did not remove duty to adhere to statutory tenure rules (N.J. Super. Ct. App. Div.), 356 – New York
– – Buffalo, evidence insufficient to show reverse bias where city let promotion eligibility lists to expire to avoid promoting more whites (N.Y. App. Div.), 746
– – Catskill, firefighters harassed and fired after anonymous reports of safety violation may pursue retaliation claims (N.D.N.Y.), 1193 – – Eaton's Neck, N.Y. town to pay damages for age bias in ending ability to earn pension credits after age 55, EEOC accord (E.D.N.Y.), 1280 – – New York City
– – – Disability bias, rejected applicant failed to show he was erroneously regarded as disabled where unable to squat or duckwalk after ankle injury (E.D.N.Y.), 106
– – – Gap time between sift and overtime, paramedics and EMTs not entitled to back pay (S.D.N.Y.), 1287 – – – Race and national origin bias, admission test for firefighter academy not adequately job-related, had disparate, adverse impact on black and Hispanic applicants (E.D.N.Y.), 951 – – – Race bias, mayor must testify in suit for bias against Hispanic and black applicants for entry-level jobs, Sotomayor testimony suggest he may have relevant knowledge (E.D.N.Y.), 920
– – Akron
– – – Age and race bias, firefighters who got jury award for disparate treatment will seek promotions and testing changes (N.D. Ohio), 67
– – – Race bias, firefighter who left paramedic program did not establish reentry refusal for cost was pretext (6th Cir.), 473 – – Dayton, DOJ settles suit against city for racial bias in hiring (S.D. Ohio), 281 – Pennsylvania
– – Dunmore, officer put on paid suspension without notice of lack of training and certification has due process claim (3d Cir.), 16
– – Philadelphia, black firefighter failed to show race bias in firing for arrest or transfer for outbursts and driving accidents (E.D. Pa.), 413 – R.I., Providence, mayor asks city worker unions for significant concessions to cover budget gap, 556 – Staffing for Adequate Fire and Emergency Response (SAFER) Act, administration budget request may provoke controversy, 617 – State and local, President will sign bill letting workers form unions, bargain collectively, sign pacts, and use impasse resolution, Biden say, In Brief, 345 – Texas
– – Conroe, Fire Dep't code enforcement officer may pursue sex and national origin bias claims (S.D. Tex.), 293
– – Houston, IAFF Local 341 pact attained, 225 – Volunteers, district proposing stipend to cover expenses and pay fee failed to show fee nominal and permissible under DOL rules, opinion letter, 101 – Wash., Seattle firefighter may pursue reverse race bias claim under state law banning preferential hiring (Wash. Ct. App.), 256
See specific causes for discharges
– Agency fees, no violation in charging nonmembers for litigation expenses for representation activities (U.S.), 111
– Association, teacher restricted from communicating with colleague may not be banned from professional association (6th Cir.), 317 – Attorneys' fees, FRCP allows weighing settlement discussions in assessing success in computing award (3d Cir.), 926 – Colo., constitutional amendment barring state and local government worker unions from making political contributions stayed, permanent order blocking 1st Amend. violations expected (Colo. Dist. Ct.), 803 – Free association, Conn. union members may pursue class action that layoffs for budget shortfall was retaliation for exercising rights (Conn.), 436 – Free exercise, university workers who said prayers and rubbed oil on co-worker cubicle have no claim for speech but ritual may be protected (N.D. Tex.), 440 – Free speech – Policy-making decisions, Md. Social Servs. Dep't official has no 1st Amend. claim where political affiliation was legitimate requirement of job (4th Cir.), 44 – Political activities, firing of city worker not retaliation for support of opposing mayoral candidate (7th Cir.), 291 – Political affiliation, Va. county may not use to choose Social Servs. Dep't director but officials may not know it was unconstitutional (4th Cir.), 739 – Promotion, failure to promote university public safety officer not tied to protected speech (8th Cir.), In Brief, 295 – Qualified immunity, Mass. sheriff who decommissioned jail officers for union activities and support for rival has no protection (1st Cir.), In Brief, 478 – Reassignment, Nev. school administrative assistant transferred after general counsel fired may pursue claim (9th Cir.), In Brief, 717 – Retaliation
– – National origin bias, Polish bi-lingual teacher has no claim for contract nonrenewal but may pursue bias claim (7th Cir.), 1133
– – Overtime fraud, jury reasonably found that Boston police officer fired for filing suit against city and reporting (1st Cir.), In Brief, 935
– Free speech, Conn. supervisory engineer required to have physical exam after complaints about suspension has claim (2d Cir.), 1070
– Physical abilities, DOJ charges test used to screen applicants for Mass. corrections officer jobs has disparate impact on women and not job related or required by business necessity (D. Mass.), 1127 – Sex plus height or disability bias, female firefighter failed to support claims that repeated driving and fitness exams because she is short woman (7th Cir.), 1102
– Case Notes, 206
– Bonita Springs, parks and recreation worker charging racial slurs and other harassment gets damages, DOJ accord approved (M.D. Fla.), 1126
– Health Dep't, records technician has no ADA claim for firing for working unauthorized overtime but may have FLSA claim for pay (11th Cir.), 591
– Pandemic flu, most health care facilities not adequately prepared, survey of union leaders finds, 497
– Wash. Pub. Employees Ass'n affiliate, governor had authority to suspend pay hikes to help with revenue shortfall, unions to appeal (Wash. Super. Ct.), 221; renegotiated noneconomic pacts attained for general governmental unit and colleges, will address health care after budget, 430; unions ratify renegotiated pacts giving up pay hikes, 831
– Whistleblowers, Grassley (R-Iowa) urges acting commissioner to clarify ability to communicate to congress and HHS IG after confidentiality memo, 371
– Caterers, workers providing service at recreational establishment not covered by same FLSA exemption as seasonal lifeguards, DOL opinion letter, 343
See POLICE (FOP)
See specific countries
– Benefits, same-sex domestic partners must be allowed to use medical facilities at posts abroad and include in housing allocations, 727
– Disability bias
– – Denying applicant medical clearance and agency denying waiver improper (EEOC), 444
– – Worldwide available, applicant improperly denied job where regarded as chronically impaired after previous mental conditions (EEOC), 1235 – Human capital management, Senate panel expresses concern about understaffing and skills gap, 1121 – Mandatory retirement, officer denied 2 year post because she would turn 65 charges age bias and equal protection violation (D.D.C.), 1120 – USAID
– Age bias, firefighter in 50s removed from duties after failing timed running test has no claim but may pursue retaliation claim for supervisor's reaction to newspaper article, 684
See also STATE AND LOCAL EMPLOYEES' COMPENSATION AND RETIREMENT
– ERISA, plan established by N.Y. school district exempt, no jurisdiction for claims of fiduciaries paying kickbacks to insurer (S.D.N.Y.), 1106 – IRS initiative, survey sent to randomly selected plans, also available on website, 285; plan sponsors and service providers apprehensive about survey, practitioner says, 644 – NEA, DOL files amicus brief support argument that union incapable of establishing governmental plan, Valuebuilder just annuity option (9th Cir.), 1060 – Normal retirement age, IRS notice extends effective date for government plans to comply with rules, 1251 – Plan documentation and management practices, plan sponsors face significant challenges in complying with new IRS rules, 41; sponsors could improve compliance with rules by adopting new file format and data standards, trade group says, 957 – Rollovers and plan documents, tax-exempt and governmental employers must make good faith efforts to comply, DOL field assistance bulletin, 867 – Vesting, practitioners want IRS to include rules in draft revenue procedure and sample language for plans, 588; benefit groups urge IRS to substantially expand draft prototype program, 674 – Volume submitter program, IRS working on final procedure for prototype plans incorporating comments, 1283
– Normal retirement age, IRS notice extends effective date for government plans to comply with rules, 1251
– Due process
See DUE PROCESS
– Computers, government employers must ensure that no expectation of privacy policies are reasonable and regularly enforced, BNA Analysis, 85
– Drug and alcohol testing, N.C. county school district policy is unconstitutional search (N.C. Ct. App.), 748 – Random drug testing, W. Va. school district may not implement for safety sensitive jobs where likely search and privacy invasion (S.D. W. Va.), 140 – Text messages, Cal. city violated police sergeants rights by reading (9th Cir., en banc rev den), 200 – Warrantless search, accord in class action for videotaping Cal. police locker room without permission approved (C.D. Cal.), 1021
– Free speech, N.Y. school social worker reprimanded for reporting concerns about student sexual abuse to media and town officials has free speech claim (S.D.N.Y.), 1076
– Government Charge Card Abuse Prevention Act – Public concern, Okla. city building inspector fired for reporting fraudulent occupancy certificate to state has free speech. claim (10th Cir.), 19 – Student sexual abuse, N.Y. school social worker reprimanded for reporting concerns to media and town officials has free speech claim (S.D.N.Y.), 1076 – Travel cards, federal agencies must do more to ensure proper use by federal workers, CRS report, 859 – Whistleblower Protection Enhancement Act
See WHISTLEBLOWERS
– Censorship, FBI special agents who criticized agency's handling of terrorist funding have 1st Amend. claim for using exemptions to block disclosure (D.D.C.), 682
– Ill., school superintendent's contract not exempt from disclosure, falls within limitation of private data exemption (Ill.), 714
– Abortions, physician may pursue constitutional and Ariz. claims against county officials for trying to fire for supporting training for medical students (D. Ariz.), 382
– Age bias, charge not speech on a matter of public concern, no retaliation (5th Cir.), 253 – Blog posting, prosecutor suspended after posting memos about police shooting investigation has retaliation claim, but disclosure of other internal e-mails, disrespectful comments, and misleading supervisors about expert witness fees support suspension (S.D. Fla.), 814 – Case Notes, 206 – Censorship, FBI special agents who criticized agency's handling of terrorist funding have 1st Amend. claim for using exemptions to block disclosure (D.D.C.), 682 – Communication with colleague, restriction on direct communication after harrassing e-mails does not extend to association with professional group (6th Cir.), 317 – Due process, principal of N.Y.C. public Arabic language school forced to resign for remarks to reporter about student shirts has no claim (S.D.N.Y.), 1161 – Employment at will, D.C. schools transportation division manager may pursue claim where job did not fall within statutory definition of Executive Serv. (D.C. Cir.), 707 – Gag order, removal of USPP chief appropriate for statements violating proper despite WPA protection (MSPB), 80; genuine issue of whether performance appraisal intentionally destroyed, chief may pursue claim (D.C. Cir.), 810 – Ill., Cook Cty. hospital physicians' claims may proceed to trial (N.D. Ill.), 254 – Matter of public concern, investigative assistant who spoke to 3d party about investigation has no protection where misleading data provided (10th Cir.), 171 – Misconduct, LA police officer's interest in reporting co-workers outweighed department's interest in avoiding disruption, officials have no immunity for refusal to promote (9th Cir.), 647 – Music video critical of Iraq war, Iranian-born Voice of Am. translator may pursue claim for race bias in firing (D.D.C.), 1137 – Official duties
– – Md., Baltimore, police commander fired after giving memo questioning suspect shooting to reporter has claim where not part of official duties (4th Cir.), 466
– – Okla., city building inspector fired for reporting fraudulent occupancy certificate to state has 1st Amend. claim (10th Cir.), 19
– – Candidacy, deputy clerk fired after Ky. county clerk learned of intention to oppose in next election has no claim, no fundamental right to candidacy (Ky. Ct. App.), 716
– – Payroll deductions, decision on whether Idaho law barring local workers from using for political causes violates 1st Amend. pending (U.S.), 146; barring payroll deductions for political activities does not violate union 1st Amend. rights (dec), 260 – Polygraph testing, police lieutenant's refusal to take test during internal investigation not constitutionally protected speech (6th Cir.), In Brief, 324 – Private practice, Cal. state attorneys may be required to get permission before representing clients (9th Cir.), 252 – Privilege, GPO custodian forced for threatening to kill supervisor has no claim, threats to nurses not made during care not privileged (MSPB), 657 – Public concern, university workers who said prayers and rubbed oil on co-worker cubicle have no claim for speech but ritual may be free exercise of religion (N.D. Tex.), 440 – Public officials, Tex. city council members indicted for using e-mail to decide whether to meet on public contract have greater 1st Amend. protection (5th Cir.), 560 – Qualified immunity, deputy LA district attorney may pursue claim for harassment and demotion for criticizing D.A. (9th Cir.), 197 – Race bias, white police officer distributing news release charging department was racist and chief was corrupt engaged in protected speech (6th Cir.), 501 – Retaliation
– – Changing grades and giving credit for classes not taken, fired university department head failed to present evidence of protected speech (3d Cir.), 436
– – Code of silence, Ill. prisons' guards' assertion that complaints about inmate mistreatment barred have no claim but may have claims of threats to prevent testimony (7th Cir.), 1100 – – Corruption, Ill. city worker fired for stealing time sheets has claim where documents copied to verify payments for time not worked (7th Cir.), 972 – – Due process, Pa. corrections officer had no claim for reprimand for misconduct after helping co-worker with claim file sexual harassment claim (3d Cir.), 712 – – Final policymaker, Chicago painter failed to show Comm'r decision unreviewable, no claim for firing for media contacts (7th Cir.), 1158 – – Interference with job duties, no violation where principal barred reporting suspected child abuse of black children, no adverse actions after complaints (S.D.N.Y.), 933 – – Motivation, Conn. supervisory sanitary engineer required to have fitness for duty exam after complaints about suspension for altercation with subordinate has claim (2d Cir.), 1070 – – Protected speech, deputy Colo. coroner may pursue claim that firing was for reporting suicide cover-up by coroner (D. Colo.), 744 – – Race bias, identity of decisionmaker responsible for hostile environment can only be made by new trial (D.N.J.), 685 – – Student sexual abuse, N.Y. school social worker reprimanded for reporting concerns to media and town officials has claim (S.D.N.Y.), 1076 – – Transfer and scorn, speech by Cal. police officers who failed to show speech was outside official duties not constitutionally protected (9th Cir.), 1030 – – Union newsletter, Wis. sheriff's deputy reassigned after posting criticism of sheriff has no claim where acting with personal motives (7th Cir.), 1035 – Sovereign immunity, Mich. court workers fired after interviews during oversight review raised factual issue of protected property interest in jobs (6th Cir.), 350 – Standing, non-employees may not challenge N.Y. school district communications protocol for teachers (2d Cir.), In Brief, 144 – Transfer, Ill. corrections official has no claim for job change where no evidence parole board testimony caused, officials have qualified immunity (7th Cir.), 928; no state law or due process claims for indictment, 1067 – Voluntary Contrib. Act, no 1st Amend. violation in Utah law banning public workers from using payroll deductions for political contributions (10th Cir., vac and rem), 526 – Whistleblowers, Ga. sewer inspectors fired after telling supervisors about Clean Water Act violations have no claims (11th Cir.), 649 – Whistleblowing, officers have no §1983 claim for expulsion from FOP, no state action (7th Cir.), In Brief, 935 – Work environment, Cal. police sergeants have no claims for damages to relationships after complaints about superiors (9th Cir.), 948
– Ala., state Personnel Bd. rule change allows temporary RIFs to provide alternative to permanently abolishing jobs for budget shortages, 130
– Cal., plan to furlough state workers and close operations twice a month outlined, hearing on suit by unions set (Cal. Super. Ct.), 36; governor has authority to order furloughs, state controller must comply with order, unions to appeal (dec), 128; whether authority extends to constitutional state offices not decided, 163; lawmakers to meet to address budget to close deficit, might avert layoffs, governor wants to compel Controller to comply with furlough orders, 192; state spending plan using combination of layoffs, furloughs, cutting overtime, and reeducating holidays to cut costs signed, 220; order requiring constitutional officers to furlough employees affirmed, separation of powers appeal pending (Cal. Super. Ct.), 309; SEIU Local 1000 pact ratified, 371; state workers to get layoff notices, health benefit cuts, cost-cutting move to close budget deficit, 583; executive order increasing monthly furloughs to 3 Fridays a month, 804; governor facing more legal challenges and job actions, including strikes, in signing budget formalizing plans, 864; SEIU members authorize strike in response to furloughs, 921; CalPERS says plan would jeopardize vesting rights of state workers and retirees (Cal. Super. Ct.), 997; binding order that state compensation fund workers may not be furloughed, 5th suit filed, 1022; back-to-back reports showing that savings from monthly furloughs are illusory released, 1185 – Cal. State Univ., faculty association votes to accept monthly unpaid furloughs as part of effort to absorb state funding cuts, 865 – Colo., government workers will take 4 more unpaid days this year, 1255 – Conn., agency commissioners and nonunion managers asked to voluntarily take unpaid leave to cut costs, 99 – Ga., budget shortfall keeps 25,000 state workers off job one to two days each month and job vacancies unfilled, 246 – Haw., proposed unpaid time off would slash worker pay, cause some job and income losses, In Brief, 706; union seeks to enjoin furlough plan (Haw. Cir. Ct.), In Brief, 706; furlough plan enjoined, mayor and cabinet planning next steps to address budget shortfall, 805; 2-day a month furlough for senior executive branch officials announced, In Brief, 835; state notifies unions of possible RIFs, first step in notification process, 863; injunction barring furloughs will be appealed (Haw. Cir. Ct.), 896; AFSCME Local 152 pact ratified, details of furlough plans announced, 1219 – Ill., Cook Cty. public defenders' office, Bd. of Comm'rs president had no authority to choose workers (Ill. App. Ct.), 503 – Layoffs
See LAYOFFS
– – Prince George's Cty., contract clause violated by furloughing county workers where not reasonable and necessary to serve public interest (D. Md.), 975
– – State workers, governor's plan to cut jobs and furlough more workers approved, 995 – N.J., proposed budget requires 2 unpaid days in spring to balance FY2009 budget despite declining revenues, 222; state Civil Serv. Comm'n approves emergency rule authorizing mandatory unpaid furloughs for budgetary reasons, 372; emergency adoption complied with state law, but entire unit must be off on same day, CWA charges ULPs, 519; CWA pact attained, freezes pay while guaranteeing no layoffs, furloughs still mandated, 668; CWA Dist. 1 pact ratified, 803 – N.C., executive order cuts annual pay of teachers and other state workers for rest of fiscal year, must take 10 hours flexible furlough leave, 520 – Ohio, Civil Serv. Employees Ass'n members ratify concessionary pact freezing wages, instituting furloughs, 401; SEIU Dist. 1199 Ohio accepts concessions freezing wages and mandating unpaid leave days, 733 – Pennsylvania
– – Layoffs should be last resort, cost-cutting uncertain, governor proposes FY2010 budget, 164; pact attained with unions provides deferred health care fund contributions to offset proposed furloughs, 403; union pacts provide deferred health care fund contributions to offset proposed furloughs, 403
– – Philadelphia, mayor asks police and firefighter unions and AFSCME to encourage members to take furlough day, 373 – R.I., plan for 12 unpaid shutdown days for state workers announced, AFSCME will seek restraining order to bar, 996; pact attained with unions to avoid layoffs and planned government shutdown days, 1025 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
