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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
LABOR DEPARTMENT (DOL)
– Administration
– – Appointments and personnel changes
– – – Acting Sec'y, AFGE objects to nomination of Hugler as Acting Sec'y, In Brief, 190
– – – Deputy Sec'y, Harris confirmed, 639 – – FY2010 budget, Solis requests more funding to promote continued economic recovery and strengthen health, safety, and competitive of workforce, 582
– – Employment Standards Administration
See 403(b) PLANS
– – Labor laws, enforcement
See specific laws
– Federal partnerships, 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
– Joint cooperation panels, FMCS accepting applications for grants from groups seeking to establish and operate, In Brief, 835 – Mass., bill requiring state agencies to compile occupational safety data signed, sets up joint health and safety committees to monitor, 521 – Partnerships between federal agencies and worker unions, AFGE favors without bells and whistles of 1990s, 159
– Fair representation duty, N.Y.C. worker has no claim, public workers not covered (2d Cir.), In Brief, 1139
– Union elections, AFSCME Dist. Council must hold rerun election after charges incumbents used union funds to advance, accord, 98; incumbents win DOL-supervised rerun election, 345
– CPI-U and CPI-W
– Retirement benefits, public and private sectors compared, report, 285 – Union membership, 2008, 132
– Local 1033, Providence, R.I. mayor asks for significant concessions to cover budget gap, 556
– Accent, Nigerian-born DOD worker fired for refusing to take English lessons has no claim where no protected activity (10th Cir.), 406
– Case Notes, 1234 – English-only rules
– Air marshals
– Arkansas
– – Pulaski Cty., female workers could present evidence of prior sex bias more than 180 days before charges filed for retaliation after filing EEOC charge (E.D. Ark.), 1077
– – Wynne Police Dep't, officers not paid for time spent in staff meetings and court appearances get back pay, DOL accord, 131 – California
– – Alameda, members of Police Officers Ass'n may include holiday pay in calculating regular rate of pay for overtime purposes (N.D. Cal.), 842
– – Highway Patrol, union agrees to amend pact, redirect pay hikes to prefund retiree health benefits, 1023 – – L.A. Cty. public safety personnel
– – – Expired pacts, unions agree to one-year extension, 247
– – – Free speech, officer interest in reporting misconduct outweighed interest in avoiding disruption, no immunity for officials who refused to promote (9th Cir.), 647 – – Newport Beach, officer gets damages for perception of homosexuality, retaliation, and city failure to prevent bias (Cal. Super. Ct.), 402 – – Ontario
– – – Text messages, city violated 4th Amend. and privacy rights by reviewing (9th Cir., en banc rev den), 200
– – – Warrantless search, accord in class action for videotaping locker room without permission approved (C.D. Cal.), 1021 – – Pittsburg, speech by Cal. police officers who failed to show corruption reports were outside official duties have no free speech claims (9th Cir.), 1030 – – Rocklin, police officer may pursue equal protection claim for disparate treatment of group of officers who did not participate in or reported criminal conduct (E.D. Cal.), In Brief, 205 – – San Bernardino, police sergeants have no free speech claims for damages to interpersonal relationships after complaints about superiors (9th Cir.), 948 – – San Diego, no contract clause violation where deferred retirement and subsidies to employee contributions cut during pact talks (9th Cir.), 809 – – South Gate, city to pay damages for national origin bias, harassment, and associational bias for minority police officers' perceived support of Latino politicians in accord (Cal. Super. Ct.), 1185 – – Vallejo, municipality in Chapter 9 bankruptcy may void union pacts (Bankr. E.D. Cal.), 339; bankruptcy judge mediates IAFF and IBEW pacts as 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 – Colorado
– – Fire and Police Pension Ass'n, bill suspending annual contributions for 3 years for budgetary reasons signed, additional bill requires compliance with IRC, 519
– – Louisville, police officer has no due process claim where police chief who recommended firing led pre-termination hearing (10th Cir.), 950
– – Bristol, police officer who retired to work for State Dep't contractor in Iraq not entitled to reinstatement after accepting retiree benefits (Conn.), 597
– – Greenwich, mixed-motive defense is total bar to race bias claim by police officers (D. Conn.), 907 – Federal
– – FBI
See ARMED SERVICES
See SECRET SERVICE
See CONGRESS, U.S.
See U.S. Marshals Service, this heading
– – Ft. Lauderdale, no age bias in offering early retirement program where most signed valid releases or in deferred option (S.D. Fla.), 75; waivers valid where knowing and voluntary (11th Cir.), 1190
– – Hendry Cty., county sheriff's office policy unlawfully required pregnant staff to take light duty, investigator gets damages for demotion, DOJ accord (M.D. Fla.), 669 – – Orange Cty. Sheriff's Office, deputy failed to show sexual harassment or sex bias in promotion denial (U.S., rev den), 83 – Illinois
– – Calumet Park, veteran police officer failed to show evidence to support age, race, or retaliation claims (7th Cir.), 250
– – Chicago, no USERRA violation in letting officers on active duty take promotion exams at foreign sites off bases (7th Cir.), In Brief, 506 – – Chicago, police must grant officers' time off requests even if overtime to replacements required unless undue disruption (N.D. Ill.), 437 – – DuPage Cty., union may represent public workers with authorization cards even if dues deductions not submitted (Ill.), 22 – – Loves Park, hearing-impaired police clerk may pursue due process and retaliation claims for firing after complaining about police secretary comment (7th Cir.), 947 – – Mt. Vernon, no USERRA violation in discontinuing policy letting officers to make up shifts missed for National Guard training on days off (7th Cir), 737 – – Sexual harassment, proof that harasser had direct supervisory authority over records clerk not needed for strict liability (Ill.), 534 – – Springfield, white police officer has no race bias claim for promotion delay where no evidence being African Am. would have changed outcome (7th Cir.), 198 – – Will Cty., county police officer who sued sheriff for age bias must pay legal fees for bad faith suit (7th Cir.), 1104
– – Bristol, volunteer reserve officer has no sexual harassment claim where not an employee under Title VII (N.D. Ind.), 1162
– – Harrison Cty., DOJ accord for sexual harassment and retaliation by sheriff (S.D. Ind.), 764 – – Indianapolis, white police lieutenants may pursue claim that promoting African Am. officers who scored lower on test was race bias (S.D. Ind.), 875
– – Floyd Cty., deputy sheriff fired for giving alcohol to minor has no due process claims where administrative remedies not exhausted (8th Cir.), 407
– – Woodbury Cty., appellate review improper where no reversible error in denying overtime pay for commuting time (8th Cir.), 748
– – Shawnee, injured police officer has no claim for failure to accommodate where no evidence of available jobs when transfer requested (10th Cir.), 841
– – Wichita, sexual harassment claims by female officers dismissed where remarks isolated and untimely but retaliation claims revived (10th Cir.), 72; sequel suit by same plaintiffs dismissed, 289 – Maryland
– – Baltimore
– – – 1st Amend., commander fired after giving memorandum questioning suspect shooting to reporter has claim where not part of official duties (4th Cir.), 801
– – – Free speech, commander fired after giving memorandum questioning suspect shooting to reporter has 1st Amend. claim where not part of official duties (4th Cir.), 466 – – – Off-duty conduct, police officer who quit after testing positive for cocaine could be denied retirement benefits for not having rendered honorable service (Md. Ct. Spec. App.), 818
– – Boston
– – – Overtime, implementing new method for calculating was ULP despite compliance with FLSA (Mass.), 474
– – – Retaliation, jury reasonably concluded that police officer fired for filing suit against city and reporting overtime fraud (1st Cir.), In Brief, 935 – – Springfield, reordering of list of hiring candidates not by race within scope of 1973 consent decree (1st Cir.), 470 – – Suffolk County
– – – Layoffs, sheriff had to arbitrate claim for reassignments in violation of pact (Mass. App. Ct.), 1267
– – – Qualified immunity, sheriff who decommissioned jail officers for union activities and support for rival not protected (1st Cir.), In Brief, 478
– – Flint, 45 white officers may pursue reverse bias claim where officers selected for newly formed bureau based on race (E.D. Mich.), 713
– – Royal Oak, female officer who offered evidence of discriminatory atmosphere and no women in command jobs may pursue race bias claim (6th Cir.), 1188 – – Saginaw, police lieutenant's refusal to take polygraph test during internal investigation not constitutionally protected speech (6th Cir.), In Brief, 324 – – Wayne Cty., security officer has no FMLA claim for firing for missing drug test due to overnight injury (6th Cir.), 901 – Miss., DeSoto Cty., agency fact finding does not apply to sheriff's secretary fired after age bias complaint where ADEA has administrative remedy (5th Cir.), 527 – Mo., Manchester, Mo. police officer may pursue sexual harassment claim where evidence of prior misconduct by harasser, policy insufficient (Mo. Ct. App.), 475 – Neb., Bellevue, Civil Serv. Comm'n may hear officer claim for firing for failure to meet health requirements despite untimely filing (Neb. Ct. App.), 476 – Nebraska
– – Elkhorn, annexation by Omaha only entitled workers to severance provided by pact, no due process in failure to provide retention (8th Cir.), 1030
– – Omaha, FLRA's flagrant misconduct standard adopted in determining where worker speech protected (Neb.), 141 – – Reinstatement of state trooper with ties to Ku Klux Klan, arbitration award not enforceable due to public policy against race bias (Neb.), 294; (U.S., rev den), 781
– – E. Greenwich, sergeant with several disciplinary findings on record failed to show sex bias in promotion denial (3d Cir.), 1134
– – Edison, police sergeant passed over for promotion failed to show causal connection to supporting mayor's opponent or whistleblowing on vandalism (3d Cir.), 653 – – State Troopers, no due process or equal protection violating in revising ethics code to bar practicing law while serving state (D.N.J.), 872
– – Hempstead, African Am. detective may pursue bias claims for sick leave policy but estoppel bars §1983 claims addressed in state action (E.D.N.Y.), 108
– – Nassau Cty., retired female detectives get damages for emotional distress from sex bias and retaliation (E.D.N.Y.), 624 – – New York City
– – – Clarification of unclear order barring Internal Affairs Bureau from questioning sergeant about FLSA deposition sought (2d Cir.), 201; injunction needed to prevent retaliation against officers pursuing claims (S.D.N.Y.), 774
– – – Jones Act, police officer has no claim for slipping and injury on tugboat in distress that city did not own (2d Cir.), 710 – – – National origin and race bias, fired officer may pursue claim for rejected sanitation department application for participation in prior class suit by Latino officers (E.D.N.Y.), 1040 – – – Overtime, NYPD must include time spent caring for police dogs and scheduled tours exceeding statutory threshold in regular rate (S.D.N.Y.), 387; premium pay calculations appear to be final dispute, 683 – – – Racial bias, Latino Officers Ass'n fails to show NYPD contempt of court-approved settlement (2d Cir.), 313 – Ohio
– – Canton, white police officer distributing news release charging department was racist and chief was corrupt engaged in protected speech (6th Cir.), 501
– – Cincinnati, officer firing for just cause for giving inconsistent accounts of suspect's death met CBA standard (Arb.), 538 – – Clark Cty., county sheriff's office need not pay officer for unused leave on resignation where FOP pact does not specify (Arb.), 149 – – Clermont Cty., sheriff's office forfeited defense that retaliation complaint inadequate by failure to raise until after jury verdict (6th Cir.), 563 – – Cleveland, adequate evidence supporting jury finding that white police officer involved in shooting treated adversely due to race and in retaliation for complaints (6th Cir.), 773 – – Columbus, policy requiring doctor's notes for sick leave violates Rehabilitation Act and no business necessity (S.D. Ohio), 904 – – Dayton, DOJ settles suit against city for racial bias in hiring (S.D. Ohio), 281 – – Jackson Twnshp., female detective's award reduced because municipalities exempt from punitive damages and attorneys' fees (Ohio Ct. App), 323
– – Allegheny Cty., sex bias claim time barred, coordinator established prima face of pay equity 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
– – Disability bias, police worker with fibromyalgia who abandoned accommodation claims may not revive 7 years later (3d Cir.), 651 – – Doylestown, applicant not certified for color blindness failed to prove certifying agency considered disabled (E.D. Pa.), 383 – – Philadelphia
– – – Due process, no claim for police officer attacked by inmate while guarding jail, no government action (3d Cir.), In Brief, 1268
– – – Race bias, damages award to white police officers harassed for protesting bias limited by cap on noneconomic damages (E.D. Pa.), 903 – – – Religious bias, Muslim officer denied right to wear head scarf has no claim where accommodation would be undue hardship (3d Cir.), 498 – – State Police, all troopers may pursue class claim for race bias against African Am. troopers in overtime restriction policy (E.D. Pa.), 1228 – Puerto Rico
– – Age bias, law requiring police officers to retire at age 55 if 30 years of service lawful, meets ADEA exemption for state and local public safety officers (1st Cir.), 868
– – Disability bias, officers fired for medical conditions have no due process claim where not eligible for reinstatement (1st Cir.), In Brief, 847 – – Sex bias, female officer subjected to hostile environment for complaining about making only female officers perform secretarial duties, DOJ accord (D.P.R.), 193 – R.I., Providence, mayor asks city worker unions for significant concessions to cover budget gap, 556 – State and local, President will sign bill letting workers form unions, bargain collectively, sign pacts, and use impasse resolution, Biden say, In Brief, 345 – Tennessee
– – Sevierville, dispatch operator fired for violating nepotism policy on return to work after police officer husband's death has no public policy claim (Tenn. Ct. App.), 716
– – Shelby County
– – – Drug testing, patrol officer who failed random test properly fired, results properly admitted (Tenn.), 355
– – – Race bias and retaliation, police officer produced enough evidence that county's reasons for firing were pretext, filing 90 days after right-to-sue letter timely (6th Cir.), 622 – – Tenn. Hwy. Patrol, no limitations period on discipline, officer fired for unprofessional conduct has no due process claim for 6 year delay between traffic stop and discipline (Tenn. Ct. App.), 815
– – Dallas, fired police chief has no due process claim where city manager not final policymaker (U.S., rev den), 418
– – DeSoto, failure of city to tell officer of limited rights in appealing suspension did not deprive hearing officer of jurisdiction (Tex.), 843
See MASS TRANSIT
See specific unions
– – Disability bias, 90 day limitations period after EEOC adverse decision tolled for timely reconsideration motion (4th Cir.), 589
– – Disability bias, business necessity defense permits ban on hearing aids for court security officers (11th Cir.), 287 – Va., Amelia Cty., no need to prove nonbiased reasons for firing were pretext for age bias, but equal pay claims untimely (4th Cir.), In Brief, 53 – Wis., Milwaukee
– – Free speech, sheriff's deputy reassigned after posting criticism of sheriff in union newsletter has no retaliation claim where acting with personal motives (7th Cir.), 1035
– – USERRA, DOJ charges violation in denying promotion to officer on active duty when exam given (E.D. Wis.), 833
See ATTORNEYS
– BRAC
– D.C., 388 staff members, including 229 teachers put on paid administrative leave, will be laid off Nov. 2, union seeks to enjoin, 1153; AFGE Local 2741 has no due process or pact impairment claims (D.D.C.), 1290 – Furloughs
See FURLOUGHS
– Illinois
– – AFSCME Council 31 files suit to bar loss of more than 2500 jobs until grievances resolved, 996; governor will procede with paln after concession talks collapse, 1024; preliminary injunction barring state from issuing layoff notices granted (Ill. Cir. Ct.), 1127
– – Cook Cty. public defenders' office, Bd. of Comm'rs president had no authority to choose workers (Ill. App. Ct.), 503 – IRS, Congressional members from Mass. and N.H. urge delay in closing paper tax return processing centers, electronic filing projections not met, In Brief, 220; lawmakers ask Troubled Asset Relief Program IG to give preference to laid off workers in hiring, 555 – Mass., governor warns of need to cut police officers, firefighters, and teachers, In Brief, 133 – Mass., Suffolk Cty., sheriff had to arbitrate claim for reassignments in violation of pact (Mass. App. Ct.), 1267 – Mo, governor proposes cutting state jobs to cut FY2010 budget, In Brief, 133 – N.H., revising state workers' health benefits, and limiting bumping rights, governor proposes to balance budget, 221; SEIU rejects pact requiring 19 unpaid days off during 2 year term, layoffs start, 1187 – Ohio, Cincinnati, notices go out to city workers, unions sue to block until shortfall determined (Ohio Ct. Comm. Pleas), 968 – Pa., furloughs 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 – PTO – Removal, Cal. county may appeal subject matter jurisdiction despite removing layoff claims from state court (9th Cir.), In Brief, 278 – Retaliation, union members may pursue class action that layoffs for budget shortfall was pretext for bias against membership and exercising 1st Amend. rights (Conn.), 934 – RIFs – State and local governments, jurisdictions hit hardest in past 2 years are those with largest populations, issue brief, 1065 – ULP, Cal. may not compel PERB to issue complaint, no bargaining duty for layoffs based on financial crisis (Cal. Ct. App.), 414 – Univ. of Tex. Med. Branch, Galveston, workers let go after hurricane get rehiring preferences in accord for failure to hold open meeting about RIF (Tex. Dist. Ct.), 493 – USPS, job cuts and early retirement offers announced, will close district offices to cut costs, 366; will not be enough to meet budget shortfall, witnesses tell House panel, 366; pacts with APWU and NPMHU offer buyout incentives to workers who quite or retire by Nov. 30, different than NALC AND NRLCA offers, 993 – Vt., more than 600 state workers must be let go to balance FY2010 budget, governor tells lawmakers, 130 – Va., 593 jobs will be cut in FY budget reduction plan, 1026
– Family Leave Insurance Act
See HOLIDAYS
See MILITARY LEAVE
– Personal
See PERSONAL LEAVE
– Specific types
See specific types of leave
– USERRA
See VACATION PAY
See ANNUAL LEAVE
– Ed. Note: This heading covers bills with assigned numbers. For information on measures not yet assigned numbers, see specific subject headings.
– House
– – HR 1, Am. Recovery and Reinvestment Act, economic stimulus bill approved, provides more whistleblower protection for federal workers, 123
– – HR 11, Lilly Ledbetter Fair Pay Act, approved along party lines without amendments, overturns limits on pay bias claims, enhances remedies, 35; Senate version, see LEGISLATION, FEDERAL, S 181; merged with HR 12, Paycheck Fairness Act, 97 – – HR 12, Paycheck Fairness Act, approved along party lines without amendments, overturns limits on pay bias claims, enhances remedies, 35; merged with HR 11, must reconcile with S 181 passed by Senate, 97; signed, after Senate detaches Paycheck Fairness Act, overturns Sup. Ct. ruling, 127; economic recession increasing burden on women to support families makes strengthening protection more urgent, speakers say, 540 – – HR 22, Postal Service Retiree Health Benefits Fund, Potter urges passage of Davis (D-Ill) and McHugh (R-NY) bill to change funding to address financial shortfall, 366; witnesses support, eases USPS requirements to pre-fund retiree health benefits, 610; panel approves, would save $2B, 797; amended bill passed, Senate under pressure to act, 1058 – – HR 466, Wounded Veteran Job Security Act, passed by voice vote, bars bias and reprisal against veterans wounded in service, 553 – – HR 626, Federal Employees Paid Parental Leave Act, Maloney (D-NY) bill provides 4 weeks, allows using annual or sick leave for FMLA, 93; oversight panel approves, Webb (D-Va) introduces Senate companion, 364; House panel approves by voice vote without amendment, CBO finds pay-go neutral, NARFE seeks pay for parent caregivers, 549; House panel improved, allows using accrued leave in lieu of unpaid leave guaranteed to public and private sector workers, 557; approved, administration approves goal but no promise President will sign, 665; since U.S. has avoided mandating types, benefits fir public and private sector throughout country vary, CRS report, 702 – – HR 639, Security Clearance Oversight and Accountability Act, Eshoo (D-Cal) and Issa (D-Cal) bill requires President to audit every 4 years, OMB to report annually, 126 – – HR 828, FERS Redeposit Act, Moran (D-Va) bill lets former federal workers to reinvest retirement annuity without losing previous years of service, 155; for further action, see LEGISLATION, FEDERAL, HR 1256 – – HR 847, James Zadroga 9/11 Health and Compensation Act, judiciary panel approves, provides compensation, treatment, and medical responders for first responders at World Trade Center, 924 – – HR 915, FAA Reauthorization Act, GOP targets labor provisions for resolving NATCA labor dispute, 188; approved, 613; air traffic controllers got pay hikes higher than federal GS workers from 1998-2006, GAO report, 639 – – HR 958, FERS Sick Leave Equity Act, Moran (D-Va) bill allows crediting unused sick leave toward retirement annuity, 187; workers covered by FERS use more sick leave before retirement but giving credit for unused leave more cost-effective, CRS report, 428; provision in FY2010 DOD appropriations, see LEGISLATION, FEDERAL, HR 2647; witnesses praise passage but express concern about giving FRTIB authority to create mutual fund window, advocate enhancements including leave donation, 1275 – – HR 1088, Mandatory Veteran Specialist Training Act, panel approves by voice vote, provides 1 year training for newly disabled veterans' outreach programs, 553 – – HR 1089, Veterans Employment Rights Realignment Act, panel approves bill letting OSC investigate USERRA claims against federal agencies, 335; VA panel approves by voice vote with no amendments, has bipartisan support, 553; unanimously approved, 612 – – HR 1105, IRS spending bill would prohibit new funds from private debt collection program, In Brief, 245; expanded to omnibus appropriations bill, Obama signs, 303; coalition of worker groups urge President to pass stronger protection for whistleblowers, signing statement not enough, 396; agency efforts to develop and implement procedures to insource work done by contractors delayed by issues with managing multisector workforce, 1183 – – HR 1198, CSRS adjustment bill from Moran (D-Va) would allow phased retirement with part-time work near end of careers, 242; corrects CSRS anomaly creating disincentives to phase into retirement, 393 – – HR 1203, Federal and Military Retiree Health Care Equity Act, Van Hollen (D-Md) bill would allow federal retirees to pay health premiums with pre-tax dollars, 241; panel approves 2% pay hike, will have to reconcile with Senate bill, 791 – – HR 1256, Family Smoking Prevention and Tobacco Control Act, automatic TSP enrollment, Roth IRA options, and mutual fund window reported favorably, 333; could improve TSP participation, widen investment options, TSP staff says, 334; passed, 393; provision letting workers covered by FERS get service credit for unused sick leave cost-effective, CRS report, 428; members of TSP Bd. criticize proposed changes, 487; unions share TSP Bd. objections but support passing even if Bd. proposals not included, 489; clear support on Hill and employee panel, 607; approved, President will sign, 697; sick leave provisions not included in Senate bill signed by Obama, 757; signed, In Brief, 760; interim final FRTIB rule on automatic agency contributions effective with signing, In Brief, 801; for further activity, see FAMILY SMOKING PREVENTION AND TOBACCO CONTROL ACT – – HR 1263, Lynch (D-Mass) offers bill to automatically enroll new federal employees in TSP, 273; for further action, see LEGISLATION, FEDERAL, HR 1256 – – HR 1345, Hatch Reform Act, House approves, lets D.C. have own local law while preserving restrictions on partisan political activities by government workers, 1026 – – HR 1409, Employee Free Choice Act, Biden says imbalance in private sector workforce represented by unions shows need for NLRA amendment making card check recognition easier, 585 – – HR 1507, Whistleblower Protection Enhancement Act, Van Hollen (D-Md.) bill would expand protections for federal employees, 303; coalition of worker groups urge President to pass stronger protection for whistleblowers, 396; witnesses support but some question constitutionality of national security provision providing unilateral right to reveal classified data, 579; witnesses agree protection inadequate but debate extent and type needed, 695 – – HR 1722, Telework Improvements Act, Sarbanes (D-Md) bill expands opportunities for federal workers, establishes reporting standards, 364 – – HR 1723, Family Leave Insurance Act, Stark (D-Cal) introduced, provides paid leave with benefits paid from federal trust fund, 374; since U.S. has avoided mandating types, benefits fir public and private sector throughout country vary, CRS report, 702 – – HR 1804, Federal Retirement Reform Act, Towns (D-NY) bill changing annuities calculations and TSP investment options passed, 393; members of TSP Bd. criticize proposed changes, 487; unions share TSP Bd. objections but support passing even if Bd. proposals not included, 489 – – HR 1881, Transportation Security Workforce Enhancement Act, Lowey (D-NH) introduced, would put TSA workers on GS, provide bargaining and whistleblower rights, 394; Homeland Security panel approves with no changes, 797; panel approves putting TSA airport screeners under GS pay system, give same bargaining and bargaining rights, 1019 – – HR 2067, Protecting America's Workers Act, Democrats introduce OSH Act amendment expanding coverage for public workers, increasing fines, and whistleblower protection, 496 – – HR 2102, U.S. Public Service Academy Act, Moran (D-Va) bill creates government-subsidized undergraduate institution for future public workers modeled after military service academies, 517 – – HR 2132, Family and Medical Leave Inclusion Act, Maloney (D-NY) bill expands definition of family to allow leave to care of serious health conditions, 557 – – HR 2151, Fair Pay Act, Holmes (D-DC) reintroduced, requires equal pay for jobs equivalent in skills, effort, duties, and working conditions, 541 – – HR 2161, Family and Medical Leave Restoration Act, Shea-Porter (D-NH) bill repeals rules implemented by Bush administration, 557 – – HR 2200, Transportation Security Administration Authorization Act, Lynch (D-Mass) introduced amendment letting TSA worker voluntarily wear respirator masks to protect against H1N1 virus, 638; approved with amendment on voluntary use of PPEs, 699 – – HR 2381, Nurse and Health Care Worker Protection Act, Conyers (D-Mich) and Woolsey (D-Cal) bill requires OSHA to promulgate standard on use of mechanical lifts to move patients, 615 – – HR 2460, Healthy Families Act, benefits for public and private sector throughout country vary, since U.S has avoided mandating types, CRS report, 702 – – HR 2517, Domestic Partner Benefits and Obligations Act, Lieberman (I-Conn) and Collins (R-Me) bill lets same-sex partners of federal workers participate in benefits the same as married spouses, 609; Obama memo granting benefits to federal workers indicates support, 727; Berry says White House and OPM support for current staff, 792; House panel favorably reports, support for family units debated, 888; granting benefits fair, good way to recruit and retain staff, witnesses say, 1180 – – HR 2647, FY2010 National Defense Authorization Act, Congress urged to adopt similar pay hike approved for military for civilian workers, 827; conference report passed, includes same pay raise for all federal workers, 1147; language includes provision giviner FERS-covered workers retirement credit for unused sick leave, 1213; Senate approves, amends FMLA to add exigency and caregiver leave, 1223; signed, 1246 – – HR 2819, Breastfeeding Promotion Act, Maloney (D-NY) bill amends FLSA to require employers to provide reasonable break time and place after birth, 735 – – HR 2847, Commerce, Justice, Science, and related agencies FY2010 appropriations, appropriations panel approved, could reach House floor soon, 699 – – HR 2981, Employment Non-Discrimination Act, Franks (D-Mass) introduced, makes firing or bias due to sexual orientation or transgender status unlawful, 764 – – HR 2990, Disabled Military Retiree Relief Act, Skelton (D-Mo) bill lets federal workers count unused sick leave toward pensions, approved under suspension of rules, 757 – – HR 3017, Employment Non-Discrimination Act, bill banning bias should be approved to combat widespread abuse, witnesses say, 1155 – – HR 3114, Bill letting PTO use registration fees to avoid furloughs and RIFs, passed by voice vote, In Brief, 800 – – HR 3170, FY2010 financial services and general appropriations bill, bill providing 2% pay hikes for federal workers approved, less than military, Congress urged to enact 2.9% hike, 827 – – HR 3721, Protecting Older Workers Against Discrimination, Harkin (D-Iowa) bill clarifies that age as motivating factor proves bias, 1150
– – SConRes 13, FY2010 budget resolution, House and Senate approve conference report, civilians should get same pay hike as military, 515
– – S 181, Lilly Ledbetter Fair Pay Act, approved after tabling GOP amendments, will have to reconcile with HR, 97 – – S 372, Whistleblower Protection Enhancement Act, Akaka (D-Haw) and Collins (R-Me) bill would provide enhanced protections for reporting waste, fraud, or abuse, 187; witnesses agree protection inadequate but debate extent and type needed, 695; Homeland Security panel approves, includes 5 year sunset of jury trial rights, 887 – – S 469, CSRS adjustment bill from Voinovich (R-Ohio) would allow phased retirement with part-time work near end of careers, 242; Senate panel approves, 607 – – S 491, Federal and Military Retiree Health Care Equity Act, Webb (D-Va) bill would allow federal retirees to pay health premiums with pre-tax dollars, 241; panel approves 2.9% pay hike, will have to reconcile with House bill, 791 – – S 507, Non-Foreign Area Retirement Equity Assurance Act, Akaka (D-Haw) bill moves federal workers in Haw., Alaska, and the territories from nonforeign COLAs to locality pay system, 274; favorably reported by Govt'l Affairs panel, 395 – – S 560, Employee Free Choice Act, Biden says imbalance in private sector workforce represented by unions shows need for NLRA amendment making card check recognition easier, 585 – – S 599, Federal Firefighters Fairness Act, Carper (D-Del) and Collins (R-Me) bill requires presumption that illnesses associated with firefighting are job-related, 336; Senate panel approves, 607 – – S 629, Reemployment of Annuitants Act, Collins (R-Me) bill lets agencies rehire retired federal workers on limited basis without salary cut due to retirement annuity, unions opposed prior bill, 333; Senate panel approves, 607 – – S 674, Federal Supervisor Training Act, Akaka (D-Haw) bill requires managers to get training during first year, mandates retraining every 3 years, 368 – – S 707, Telework Enhancement Act, Akaka (D-Haw) bill expands opportunities for federal workers, establishes reporting standards, 364; panel approves, 607; Akaka says passing bill would help in pandemic flu, 730 – – S 736, Federal Hiring Process Improvement Act, Akaka (D-Haw) and Voinovich (R-Ohio) bill designed to streamline recruitment and hiring procedures, 397; Berry hopes to improve process through administrative actions, calls top priority, 551; Homeland Security panel approves, 889 – – S 806, Federal Executive Board Authorization Act, Akaka (D-Haw) says bill would formalize roles of federal boards during pandemic, 730 – – S 904, Fair Pay Act, Harkin (D-Iowa) reintroduced, requires equal pay for jobs equivalent in skills, effort, duties, and working conditions, 541 – – S 924, Correction of Longstanding Errors in Agencies' Unsustainable Procurements Act, Mikulski (D-Md) bill imposes new restrictions on U.S. contracting out, 554 – – S 942, Government Charge Card Abuse Prevention Act, Senate panel approves Grassley (D-Iowa) bill establishing new controls on federal workers' use of government charge cards, 607 – – S 1102, Domestic Partner Benefits and Obligations Act, Baldwin (D-Wis) and Ros-Lehtinen (R-Fla) bill lets same-sex partners of federal workers participate in benefits the same as married spouses, 609; Obama memo granting benefits to federal workers indicates support, 727; Berry says White House and OPM support for current staff, 792; granting benefits fair, good way to recruit and retain staff, witnesses say, 1180 – – S 1152, Healthy Families Act, benefits for public and private sector throughout country vary, since U.S has avoided mandating types, CRS report, 702 – – S 1274, Sensitive Security Information disclosure, Rockefeller (D-WVa) bill bars using classification to prevent disclosure to conceal misconduct, Analysis and Perspective, 783 – – S 1358, Bill letting PTO use trademark registration funds to avoid furloughs and RIFs, Senate approves unanimously, 760; House bill, see LEGISLATION, FEDERAL, HR 3114 – – S 1390, FY2010 National Defense Authorization Act, Congress urged to adopt similar pay hike approved for military for civilian workers, 827; passed, includes new restrictions on public-private competitions, 892; House approves letting U.S. agencies re-employ annuitants on limited basis without causing pay cut, must be reconciled with Senate version, 893; correction, 943 – – S 1451, FAA reauthorization bill, panel unveils new process for resolving CBA disputes, bars administrator from declaring impasse, 829 – – S 1507, Postal Service Retiree Health Benefits Funding Reform Act, Homeland Security panel approves Carper (D-Del) bill, 889; Potter urges quick action, USPS will be bankrupt if mandatory payment not made but major changes needed to prevent continuing losses, unions oppose, 915; House passes amended bill, Senate under pressure to act, 1058 – – S 1584, Employment Non-Discrimination Act, bill banning bias should be approved to combat widespread abuse, witnesses say, 1155 – – S 1607, Wounded Veteran Job Security Act, Brown (D-Ohio) introduced, In Brief, 945 – – S 1611, Public Safety Employer-Employee Cooperation Act, Gregg (R-NH) bill lets firefighters, police, and EMS personnel form and join unions, bargain, sign pacts, and provide impasse resolution, 943 – – S 1756, Protecting Older Workers Against Discrimination, Miller (D-Cal) bill clarifies that age as motivating factor proves bias, 1150 – – S 1788, Nurse Protection Act, Franken (D-Minn) bill requires OSHA to issue standard on using mechanical lifts to move patients, 1223 – – S 1825, Relocation expenses test programs, Homeland Security panel passes, In Brief, 1280 – – S 1862, Secret Service retirement, Homeland Security panel approves converting from FERS to D.C. Police and Firefighters Sys., In Brief, 1280
– Appointments and personnel changes, Rolando to serve remainder of term after Young retires, 799
– Buyouts, APWU and NPHMU pacts attained, offers incentives to workers who quit or retire by Nov. 30, different than NALC and NRLCA terms, 993
– Buyouts, APWU and NPHMU pacts attained, offers incentives to workers who quit or retire by Nov. 30, different than NALC and NRLCA terms, 993
See DEFAMATION
– Case Notes, 206
See CONGRESS, U.S.
– Litigation may increase under new law, conference told, 263
– Md., bill mirroring federal law signed, 461 – Pay bias, EEOC revises compliance manual section on filing, In Brief, 969 – Tenure, limitations period for denial that resulting in failure to hike salary governed by Fair Pay Act but no Miss. tort claim (S.D. Miss.), 566
– Pay bias, Iowa bill allowing signed, 522
– Ed. Note: For lower court cases, see specific subject matter headings. For Supreme Court cases and actions, see SUPREME COURT, U.S.
– Costs
See ATTORNEYS' FEES
See CONGRESS, U.S.
– Domestic Partner Benefits and Obligations Act
– Federal program, premiums to increase depending on enrollee's age and type of coverage, 550; premium increases of 25% expected, OPM officials say, 1170; enrollees subject to rate hike will have until mid-Feb. to change coverage, Berry says, 1215
– Baton Rouge, parks worker failed to show workers outside his protected class disciplined less severely (5th Cir.), 953
– Employment Discrimination Law, clerk in state judge's office whose job was eliminated during pregnancy leave may not sue state paid by Judicial Expense Fund, not state (La.), 626 – New Orleans, no constitutional violation in law requiring domestic partners to register to qualify for health benefits (La. Ct. App.), 142 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
