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INDEX
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

    OBESITY
      – N.C., bill requiring overweight state workers to pay more for health insurance signed, 559
    OCCUPATIONAL SAFETY AND HEALTH
      – Clean Air Act, reduced paychecks not evidence that N.Y. school maintenance worker demoted after refusing to remove asbestos tiles filed timely complaint (DOL ARB), 956
      – Deaths
      – Fed. Advisory Council, meeting to discuss injury and illness rates set, will discuss FY2009 performance status of executive branch agencies in meeting SHARE initiative goals, 698
      – Firefighters
      – Hazardous substances
      – Ill., state Labor Dep't ready to issue notice of proposed rulemaking for public sector workers, 672; proposed rule and request for comment issued, 863; OSHA approves safety plan for public workers only, 1062
      – Mass., bill requiring state agencies to compile occupational safety data signed, sets up joint health and safety committees to monitor, 521
      – Mich., county worker improperly fired for refusing to go into hole without trench box, ALJ must determine credibility (Mich.), In Brief, 206
      – Nurse and Health Care Worker Protection Act
        See LEGISLATION, FEDERAL, HR 2381
      – Retaliation, N.Y. firefighters harassed and fired after anonymous reports of safety violation may pursue claims (N.D.N.Y.), 1193
    OCCUPATIONAL SAFETY AND HEALTH ACT (OSH)
      – Protecting America's Workers Act
        See LEGISLATION, FEDERAL, HR 2067
    OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)
      – Air traffic control towers, agency to continue inspection program evaluating safe egress for workers through FY2009, 943
      – ARRA, projects funded by stimulus face increased inspections with special focus on construction, 613
      – At-risk agency workers, staff whose work creates risk of occupational exposures or other hazardous conditions covered under agency medical examination program, In Brief, 1093
      – Ergonomics and workplace violence, agency will use general duty clause to cite employers for hazards, Barab says, 558
      – Fed. Advisory Council on Occupational Safety and Health, E.O. extending charter until 2011 signed, In Brief, 1124
      – Federal agencies, making guidelines on safety and health management program practices mandatory being considered, Barab tells BNA, 1092
      – Federal Agency Targeting Inspection Program, directive outline procedures for inspections at sites with high rates of lost time in 2008, 760
      – FY2010 budget, official says House and Senate plans look good for agency, staff optimistic about increase, 429; Solis proposes increased funding to add more staff, wants to increase number of bilingual inspectors, 582
      – H1N1 virus, worker safety guidance issued, includes Quick Cards, 600; AFL-CIO and other unions urge OSHA to issue hazard alert or compliance directive and require PPEs, 643; Barab says agency compliance directive upcoming, will closely follow CDC guidance, 1203
      – Hazardous substances
      – Injury and illness logs, rule change to allow collection on recurring annual basis nearing finalization, 800
      – Nurse Protection Act
        See LEGISLATION, FEDERAL, S 1788
      – Priorities, agency directed to hire at least 30 inspectors, focus on applicants with bilingual skills, House report, 429; agency facing challenges meeting hiring targets, Barab e-mail, In Brief, 761
    ODEP
    OFCCP
    OFF-DUTY CONDUCT
    OFF-THE-CLOCK WORK
      – Commuting time
      – Gap time between sift and overtime, N.Y.C. paramedics and EMTs not entitled to back pay (S.D.N.Y.), 1287
      – Picking up and dropping off equipment, arbitrator's award did not violate FLSA or OPM rules but denying pay to workers waiting for elevators improper (FLRA), 848
      – Pre-route safety inspections, 11th Amend. does not bar class actions by bus drivers denied pay (U.S., rev den), 688
    OFFICE CLEANING
    OFFICE OF
      See specific offices
    OFFICE OF WORKERS' COMPENSATION PROGRAMS (OWCP)
    OFFICE ROMANCE
      – Due process, Mass. prison guard fired for romantic relationship with former inmate has no claim, state has security interest in monitoring relationships (1st Cir.), 348
      – Interracial relationship, N.Y. treatment assistant fired after dating black male supervisor may pursue race and sex bias claim (N.D.N.Y.), 567; white assistant gets damages for hostile environment and firing, 1221
      – Retaliation, complaints about supervisor's affair and related favoritism not protected (10th Cir.), In Brief, 1042
      – Sex bias, administrator had standing but immunity bars claims for promotion denial for relationship with judge (E.D. Mich.), 411
    OFPP
    OHIO
      – Admin. Servs. Dep't, administrative assistant denied promotion or reclassification failed to prove racial motivation (6th Cir.), 20
      – Age bias, teacher who signed accord in exchange for waiver failed to show bad faith in undesirable assignment and stopping pay (6th Cir.), 1226
      – Akron, executive order barring sexual orientation and gender variance bias signed, In Brief, 867
      – Butler Cty., no interference with FMLA rights in firing worker taking concurrent paid sick leave (6th Cir.), In Brief, 1139
      – Cincinnati, notices go out to city workers, unions sue to block until shortfall determined (Ohio Ct. Comm. Pleas), 968
      – Cuyahoga Cty. Juvenile Ct., liability of workers for penalties for appealing race bias claim denial must be determined individually (6th Cir.), 170
      – Dayton, DOJ settles suit against city for racial bias in hiring police and firefighters (S.D. Ohio), 281
      – Franklin Cty.
        – – Health care benefits, offered to domestic partners of county workers, In Brief, 968
        – – Retirement, public defender's office workers hired after incorporation as nonprofit not barred from seeking service credit (Ohio), 48
      – Furloughs
      – Genoa Twp., zoning inspector fired after critical e-mail should have gotten award after removal from state court for due process claim (6th Cir.), 71
      – Hamilton, putting assistant law director job in classified service exceeded city's authority under state home rule provisions (Ohio Ct. App.), 846
      – Jackson Twp., municipalities exempt from punitive damages and attorneys' fees (Ohio Ct. App), 323
      – Lima and Akron, state law banning political subdivisions from requiring employees to live within limits did not violate city home rule rights (Ohio), 776
      – Lucas Cty. Bd. of Mental Retardation and Dev. Disabilities, 3 workers transferred to nonprofit providing same services entitled to service credit (Ohio), 1230
      – Privacy, state workers may not search public databases for confidential data on citizens, law signed, effective immediately, 41
      – Public Employees Ret. Sys., board could not be given service credit to dentist who served inmates without majority approval (Ohio), In Brief, 1078
      – Sacrifice budget, governor asking state workers to take wage cuts, start paying portion of health benefits, 163
    OKLAHOMA
      – Blanchard, city building inspector fired for reporting fraudulently issued occupancy certificate to state has free speech claim (10th Cir.), 19
      – Veterinary and Medical Examiners Bd., assistant who spoke to 3d party about investigation has no free speech claim where misleading data provided (10th Cir.), 171
    OLDER WORKERS
      – Federal employees, GAO report urges government to become model employer as one-third of full-time workforce approaches eligibility for retirement, 242
    OLDER WORKERS BENEFIT PROTECTION ACT (OWBPA)
    OMB
    ON-CALL EMPLOYEES
    ON-CALL TIME
      – Hours of work, FLSA does not require paying workers required to be reachable, abstain from alcohol, and report to work in 1 hour, 100
    OPERATING ENGINEERS (IUOE)
      – Plumas Cty., county may appeal subject matter jurisdiction despite removing layoff claims from state court (9th Cir.), In Brief, 278
    OPM
    OREGON
      – Medford, city workers may not challenge ending retiree health care but retirees may get discovery to challenge policy change (9th Cir.), 621
      – Multnomah Cty., supervisor with retaliatory motive not liable where not involved in investigation that led to firing (9th Cir.), 226
      – Organ donation, bill allowing leave for workers who provide introduced, 736
      – Public defender service, legal assistant had no Rehabilitation Act claim for accommodation denial where no federal financial assistance (9th Cir.), 1156
      – Recognition of unions, use of majority sign up, or card check, to join union did not lead to intimidation, AFL-CIO report, 644
      – Religious bias, bill requiring accommodation of religious practices signed, In Brief, 897
      – SEIU and AFSCME, pacts attained, 921; ratified, In Brief, 1066
      – State Accident Ins. Fund, no clearly established due process rights, governor immune from claims for press releases about managerial staff (9th Cir.), 768
      – Whistleblowing, bill extending protection to private sector signed, In Brief, 767
    ORGANIZATION
      – Teachers, unionizing has little effect on pay, student-teacher ratios, or dropout rates, BLS study, 1251
    ORGANIZING
      – Communications policy, letter from teachers to parents at Cal. charter school was effort protected by state labor law (Cal. Ct. App.), 143
      – Elections
      – Employee Free Choice Act
        See LEGISLATION, FEDERAL, HR 1409, S 560
      – Ill., AFSCME district council and SEIU local seek to represent home-based personal support caregivers, 1024
    OSC
    OSH
    OSHA
    OUTLOOK, ECONOMIC
    OUTSOURCING
      – Circular A-76, protest challenging evaluation of agency tender that Navy improperly conducted discussions after rating hospital proposal upheld (GAO), 861
      – Contracting out
      – Correction of Longstanding Errors in Agencies' Unsustainable Procurements Act
        See LEGISLATION, FEDERAL, S 924
      – DOD, no indication OMB pressured military to hold public-private competitions, some from chain of command, IG report, 63; reexamining using contractors instead of civil servants or military personnel needed, GAO official tells House panel, 218; moratorium on outsourcing in FY2010 defense authorization bill until compliance with statutory requirements, In Brief, 801
    OVERTIME
      – Accommodation, Fla. records technician fired for working unauthorized overtime has no ADA claim but may have FLSA claim for retaliation (11th Cir.), 591
      – Calculations, NYPD must include time spent caring for police dogs and scheduled tours exceeding statutory threshhold in regular rate (S.D.N.Y.), 387; premium pay calculations appear to be final dispute, 387; calculation of premium pay appears to be final dispute, 683
      – Case Notes, 26; 687; 935; 954
      – Commuting time
      – Compensatory time
      – DOL opinion letters
      – Fire protection, dual assignment rules obsolete by superseding FLSA amendment (M.D. Ala.), 1261
      – Gap time between sift and extra hours, N.Y.C. paramedics and EMTs not entitled to back pay (S.D.N.Y.), 1287
      – Holiday pay, Cal. police officers may include in calculating regular rate of pay for overtime purposes (N.D. Cal.), 842
      – Off-the-clock work
      – Perjury, clarification of unclear order barring NYPD 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
      – Pre-route safety inspections, 11th Amend. does not bar class actions by Pa. bus drivers denied pay (U.S., rev den), 688
      – Premium pay
      – Race bias, African Am. officers get damages in accord with Minneapolis Police Dep't for systemic bias (D. Minn.), 496
      – Race bias, all Pa. state troopers may pursue class claims for restrictions affecting only barrack subject to consent decree (E.D. Pa.), 1228
      – ULP, Boston implementation of new method of calculation unlawful despite compliance with FLSA (Mass.), 474
      – Work-related stress, emergency communications operators may not include in regular rate, DOL opinion letter, 40
    OWBPA (OLDER WORKERS BENEFIT PROTECTION ACT)
    OWCP (OFFICE OF WORKERS' COMPENSATION PROGRAMS)

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