|
|
|
|
||
|
||
|
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
PARAMEDICS
– Federal Employees Paid Parental Leave Act
– Disability bias, requiring park ranger to have annual review of hearing standard waiver did not show disability bias (10th Cir.), 500
– Whistleblowing, former chief properly removed for statements after gag order but despite WPA protection (MSPB), 80; genuine issue of whether performance appraisal intentionally destroyed, chief may pursue claim (D.C. Cir.), 810
– Disability bias, BOP psychiatrist who failed to consult EEO counselor after accommodation denial did not exhaust administrative remedies (5th Cir.), 680
– Premium pay, Nat'l Weather Serv.. workers may get 125% of regular rate for Sunday shifts (Fed. Cir.), 707 – Reemployment of Annuitants Act
– Air transportation
– Age, race, and sex bias, workers denied promotions after accretion of duties have no claim where promoted white man not similarly situated (E.D. Va.), 594
– Bill to avoid layoffs and furloughs
– New England, fact that SEIU pact with N.H. Corrections Dep't not signed does not permit union to file petition to represent workers (N.H.), 204
See WAGES AND SALARIES
– Back pay
See BACK PAY
See MERIT PAY
See MINIMUM WAGE
See OVERTIME
– Equal Pay Act
– Lilly Ledbetter Fair Pay Act – Paycheck Fairness Act
– – Ill. bill expanding complaint process and embracing Ledbetter limitations period signed, 1023
– – Pa. State Med. Ctr. female doctors may recover back to Jan., 2004 for paychecks reflecting earlier gender bias (M.D. Pa.), 1263
– Changing pay without bargaining over taxes, decision by state labor board implementing mandatory reporting and withholding upheld (Mass. App. Ct.), 506
– Certification of facts, magistrate abused discretion in imposing rule 11 sanctions on attorney (D.C. Cir.), In Brief, 1009
– Discovery, Secret Service may not defend against prima facie race bias after recalcitrance in responding to requests (D.D.C.), In Brief, 53 – Frivolous claims, liability of Ohio county workers for penalties for appealing race bias claim denial must be determined individually (6th Cir.), 170 – Protecting America's Workers Act
– Case Notes, 954
– Duryea Borough, FRCP allows weighing settlement discussions in assessing success in computing attorneys' fees (3d Cir.), 926 – FY2010 budget layoffs and furloughs
See FURLOUGHS
– Lancaster Cty., communications technician may pursue claim that firing after sexual harassment by co-worker and county failure to act were continuing violations (E.D. Pa.), 1265 – Pay equity, female doctors may recover back to Jan., 2004 for paychecks reflecting earlier gender bias (M.D. Pa.), 1263 – Pensions, bill helping shore up municipal systems by providing short-term relief from funding signed, In Brief, 1129 – Philadelphia
– – AFSCME Dist. Council must hold rerun election after charges incumbents used union funds to advance campaigns, accord, 98; incumbents win DOL-supervised rerun election, 345
– – Agency fees, AFSCME Dist. Council 33 delay in sending when responsible worker took family leave proper where sufficiently detailed (3d Cir.), 1159 – – FY2010 spending plan, mayor proposes pay freeze and benefit cutbacks, asked police, firefighters and AFSCME to encourage members to take furlough day, 373 – – Race bias, §1981 does not create implied right for network administrator to sue for firing after EEOC charge (3d Cir.), 195 – Wash. Cty. Redevelopment Auth., ERISA exemption applies to retiree health plan, no jurisdiction over retiree claim for revocation (3d Cir.), 898
– Sexual harassment, auditor unreasonably failed to complain for months after supervisor started disparaging fiance and making suggestive comments (D.C. Cir.), 869
– 2008 amendments
– Age bias
– – Bigger contributions, plan requirement that older new hires make does not violate ADEA (D. Md.), 176
– – Service credit, N.Y. town to pay damages for ending ability to earn after age 55, EEOC accord (E.D.N.Y.), 1280 – Defined benefit plans – Disability
See FIDUCIARY DUTY
See 403(b) PLANS
– Multiemployer plans – Pregnancy bias, decision pending on workers' claims for credits lost under former leave policy (U.S.), 146; no bias in seniority accrual rule that gave women limited service credit for maternity leave (rev), 629 – State and local
See STATE AND LOCAL EMPLOYEES' COMPENSATION AND RETIREMENT; specific states or types of public employees
See MERIT PAY
– Age, race, and sex bias, worker has no claim for review where not ultimate employment decision, no evidence of harassment or retaliation (5th Cir.), 839
– Program Assessment Rating Tool, administration plans to revamp, require agency heads to set priorities, demonstrate progress in meeting goals and explain trends, 581 – Standard of review, MSPB must determine if system used by USDA to fire worker for performance was approved by OPM (Fed. Cir.), 648 – Whistleblowing, former USPP chief may pursue claim, genuine issue of whether performance appraisal intentionally destroyed (D.C. Cir.), 810
– Due process, no claim for police officer attacked by inmate while guarding jail, no government action (3d Cir.), In Brief, 1268
– Unused, Ohio county sheriff's office need not pay command officer where FOP pact does not specify (Arb.), 149
– State dep't, certifying official at foreign embassy not liable for overpayment of retirement benefits, GAO rules, 306
– D.C., firefighter no-beard safety rule overturned as religious bias (D.C. Cir.), 315
– Free speech, deputy Md. fire chief fired for speaking to press about failure to distribute protective suits gets damages in accord (D. Md.), 494 – Protective masks, DHS giving supervisors right to decide whether airport screeners and customs officers can wear for H1N1 virus, House panel threatens legislation, 601; TSA Authorization Act, see LEGISLATION, FEDERAL, HR 2200 – Respirators
– – Border Patrol, CBP and NTEU attain pact on agents' use to protect against H1N1 virus, 942
– – H1N1, 25M units released to health care facilities in response to delays in vaccine availability, 1253 – – Health care workers, workers who interact with patients with suspected or confirmed cases of H1N1 virus should wear, IOM says, 1066
– Appointments and personnel changes
– – Deputy director, Obama announces intention to appoint EEO vice chair Griffin, In Brief, 459; importance of improving hiring process, enhancing diversity, improving training, and ensuring job opportunities for military veterans, confirmation hearing, 828; Government Reform panel approves Griffin nomination, sets up confirmation by full Senate, 889
– – Director, Obama intends to nominate Nat'l Zoo director Berry, NTEU official says, 60; OPM deputy general counselor named acting director immediately, In Brief, 97; White House names Berry, 274; U.S. should be model employer by adopting best practices, Berry says, Senate hearing, 363; confirmed by unanimous consent, 393; long term goals include enhancing diversity policies, health care system for workers, retirees, and dependents that controls costs, and pay-for-performance system, 637 – – General counsel, former OSC head Kaplan appointed, 336 – Civilians overseas, agencies deploying need better ways of ensuring proper pay and benefits, agency approach not working GAO report, 794 – DHS personnel system – Fed. Career Intern Program, NTEU may pursue claims that interim rules unlawful, discretion to use program to fill vacancies not determination that exception to competitive process necessary (D.D.C.), 1003 – Federal Human Capital Survey, OPM Report, 2008, 33 – FEHBP – Hiring
See generally HIRING
– Intelligence Reform and Terrorism Protection Act, significant progress made in eliminating backlog and timeliness but more work needed, report, 1057 – Locality pay
See LOCALITY PAY
– NSPS – Retirement benefits – Survivor annuities, OPM should publicize rule that CSRS participants who leave to work for private sector will lose pension not applied for before death, 190 – Telework Enhancement Act
– Fitness-for-duty, Conn. supervisory sanitary engineer required to have exam after complaints about suspension for altercation with subordinate has free speech claim (2d Cir.), 1070
– Beaumont Army Med. Ctr., unsuccessful applicant for Army/VA joint residency program failed to prove veterans' preference applied (Fed. Cir.), 531
– Disability, national origin, or race bias, BOP psychiatrist failed to exhaust administrative remedies for reprimand (5th Cir.), 680 – Free speech, doctor may pursue constitutional and Ariz. claims against county officials for trying to fire for supporting abortion training for medical students (D. Ariz.), 382 – Ill., Cook Cty., anesthesiologist fired for death threats against co-workers had no claim where hospital sincerely believed in threat of harm (7th Cir.), 838 – Ill., Cook Cty. hospital physicians' bias, retaliation, and free speech claims may proceed to trial (N.D. Ill.), 254 – Race bias, African Am. orthopedic surgeon failed to show suspension was not for misconduct (5th Cir.), 679 – Sex bias, VA doctors get damages for retaliation and hostile environment based on prior charges (M.D. Fla.), 1261 – Univ. of Ala., no constitutional violation in medical school director refusal to provide peer review data to another hospital based on state privilege (11th Cir.), 711
– D.C., Oak Hill Youth Center, pact requires officer to file ULP charge for juvenile escapes (D.C. Cir.), 137
– Lodge No. 7, officers have no §1983 claim for expulsion from union, no state action (7th Cir.), In Brief, 935 – Ohio Council, Clark Cty., county sheriff's office need not pay officer for unused leave on resignation where pact does not specify (Arb.), 149 – Queen City Lodge 69, officer firing for just cause for giving inconsistent accounts of suspect death met CBA standard (Arb.), 538
– Agency fees
See AGENCY FEES
– 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 – 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 – Hatch Act
See HATCH ACT
– Retaliation, N.Y. election commissioner properly fired for holding another public office in violation of state law (2d Cir.), In Brief, 847 – Support of opposing candidate, firing of city worker not shown as retaliation (7th Cir.), 291 – Voluntary Contrib. Act, no free speech violation in Utah law banning public workers from using payroll deductions for political contributions (10th Cir., vac and rem), 526
– Case Notes, 1234
– Change in administration, Ill. corrections managers GOP supporters laid off after Democrat inaugurated failed to show bias influenced rehire refusal (7th Cir.), 1284 – DOJ, top official in Civil Rts. Div. improperly screened attorney applicants based on political affiliation, IG report, 59 – 1st Amendment
See FIRST AMENDMENT
– Supporting mayor's opponent or whistleblowing on vandalism, police sergeant passed over for promotion failed to show politics used to promote others (3d Cir.), 653
– Refusal by police officer during internal investigation not constitutionally protected speech (6th Cir.), In Brief, 324
– Age bias, worker may not pursue claim for customer relations job denial based on mere suspicion (11th Cir.), 230
– Career Executive Service, age and disability status changed from 2000 to mid-207, GAO report, 62 – Case Notes, 26; 295; 1165 – Cost cutting, job cuts and early retirement offers announced, will close district offices, 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 – Delivery services, Congress and unions concerned about use despite serving less than 3% of delivery routes, CRS report, 917 – Disability bias
– – Absences without leave, firing worker hurt on job for frequent absences without medical documentation not pretext (3d Cir.), 902
– – Exhaustion, claim by worker who failed to file EEOC charge for firing after violating conditions of reinstatement after hitting supervisor dismissed (7th Cir.), 436 – – Hostile environment, harassment, and retaliation, postal worker may pursue claims where EEOC rule on presumed receipt excused untimely filing (D. Colo.), 1227 – – Limited duty status, postal worker who failed to show disability has no claim for rejection for general clerk job during rehabilitation status job (3d Cir.), 381 – – Mental impairment, MSPB improperly refused to consider medical evidence, firing data technician improper (Fed. Cir.), 1132 – – Retaliation, technician who threatened training center instructors failed to show barring from further training was for ADHD (3d Cir.), 870 – – Retirement account, no accord breach in requiring repayment of voluntary withdrawal, improperly calculating benefits, and adjusting annual leave (7th Cir.), 70 – – Similarly situated, worker fired for excessive absenteeism failed to show pretext, other workers disciplined for attendance not previously fired (9th Cir.), 742 – – Substantial limit on major life activity, mechanic unable to lift did not show otherwise qualified or adverse action (11th Cir.), 769 – Disobedience, substantial evidence supported MSPB finding that fired mechanic required to obey any supervisor (Fed. Cir.), In Brief, 26 – High-risk list, GAO includes USPS as in need of reform to prevent loss of billions annually, has not sufficiently offset volume declines with expense cuts, 891; more than 88M hours cut during first 3 quarters of FY2009 but net loss continues despite cosg-cutting, 917 – Jurisdictional dispute, barring address management system specialists from APWU bargaining unit violates pact but enforceability in dispute since union disclaimed (D.C. Cir.), 103 – Leave, MSPB had no jurisdiction to hear claim for failure to credit accrued annual and sick time during leave without pay for job injury (Fed. Cir.), 135 – Management rights, arbitrator properly decided that worker fired the day after probationary period ended may grieve firing (D.C. Cir.), 228 – Misconduct, postmaster properly fired after providing fraudulent divorce decree in investigation of contract with spouse (Fed. Cir.), 592 – Overtime, postal inspectors may qualify if no statutory exemption and other executive branch employees receive FLSA overtime pay (9th Cir.), 290 – Postal Service Retiree Health Benefits Fund – Retiree health benefits, Carper (D-Del) expected to introduce bill to alleviate pre-funding requirements, opposes service cut proposal, 124 – Sex bias
– – Judicial estoppel, failure to disclose pending bias claim in bankruptcy petition does not bar pursuing Title VII claim (7th Cir.), 532
– – Summary judgment, dismissal before clerk finished presenting case not premature where no evidence supported claim (7th Cir.), 407 – Sexual harassment, worker reprimanded for treatment of women has no disparate treatment claim where female infractions not similar (11th Cir.), 379 – Unjust enrichment, class has no claim for disclosure of names and addresses to private firms for co-branding, immunity waiver intended to preclude review of rules (W.D. Wash.), 1075 – USERRA, firing worker for taking excessive military leave unlawful but whether he abandoned non-military career at issue (Fed. Cir.), 1001 – Whistleblowing, DOL charges USPS improperly fired worker who reported work-related allergy to machinery (W.D. Wash.), 828
– Buyouts, pact attained, offers incentives to workers who quit or retire by Nov. 30, different than NALC and NRLCA terms, 993
– Jurisdictional dispute, management system specialists belong in bargaining unit but enforceability of arbitrator's order in dispute since union disclaimed (D.C. Cir.), 103 – Management rights, arbitrator properly decided that worker fired the day after probationary period ended may grieve firing (D.C. Cir.), 228
– Anti-bias laws, EEOC workplace notice revised, In Brief, 1257
See UTILITIES
– 2008 amendments
– CSRA, ALJ's claim against union for conflicts with representatives after becoming acting chief barred (5th Cir.), 200
– FEHBP, Ill. law claims for coverage denial during leave not completely barred (U.S., rev grant), 1199 – FLSA, Boston implementation of new method of calculation without bargaining was ULP despite compliance with federal law (Mass.), 474 – HCQIA, no constitutional violation in medical school director refusal to provide peer review data to another hospital based on state privilege (11th Cir.), 711 – MVRA, ERISA does not bar garnishing benefits owed by La. sheriff's fund to individuals who pled guilty, monthly limits only apply to wages (E.D. La.), 107 – RFRA, Sikh IRS agent has no claim for denying right to wear ceremonial sword to work, Title VII provides exclusive remedy (S.D. Tex.), 1074 – UMTA, state law immunity from union claims for pay and benefits not barred, UTU must file new grievance for failure to pay (Tex.), 110; Sup. Ct. lets decision stand (U.S., rev den), 718
– Accrued seniority rescinded after leave, DOJ accord with Chicago for demotion and diminished duties announced (N.D. Ill.), 669
– Mixed motive, Cal. city gets new trial in claims by fired probationary bus driver where jury misinstructed (Cal. Ct. App.), 1293 – Pattern and practice, Fla. county sheriff's office policy unlawfully required pregnant staff to take light duty, investigator gets damages for demotion, DOJ accord (M.D. Fla.), 669 – Pensions, decision pending on workers' claims for credits lost under former leave policy (U.S.), 146; no bias in seniority accrual rule that gave women limited service credit for maternity leave (rev), 629 – Performance deficiencies, teacher whose contract was not renewed after telling principal of pregnancy has claim but no FMLA violation where leave granted (N.D. Ill.), 177 – State judiciary, clerk in La. judge's office whose job was eliminated during pregnancy leave may not recover from state where paid by Judicial Expense Fund (La.), 626 – Stereotypes about women's caregiver roles, contributing factor in rise in bias claims, Analysis, 207
– Off-the-clock work
– Overtime
– – Premium shift hours, airport security screener may not pursue class claim, Aviation and Transportation Security Act preempts FLSA (Fed. Cl.), 1108
– – Time spent caring for police dogs and scheduled tours exceeding statutory threshold, NYPD must include in regular rate (S.D.N.Y.), 387; premium pay calculations appear to be final dispute, 683
– Costs, 3/4 of public plan sponsors placing more emphasis on controlling, expanding participant education, IFEBP report, 705
– FEHBP, lack of transparency, OPM's lack of authority, and retention of rebates, witnesses describe problems to House panel, 758 – Specialty drugs, average monthly cost, FEHBP, GAO report, 666
– Executive Orders
See specific forms of discrimination
– Ala., Montgomery, hearing officer may consider prior discipline of gym teacher fired after treatment of students for throwing rocks and scissors (Ala.), 1266
– Alaska, Matanuska-Susitna Borough Sch. Dist., no requirement to arbitrate decision to contract out custodial work (Alaska), 568 – Ark., Pulaski Cty., white public school denied promotion may pursue reverse bias claim for policies that favor black applicants (8th Cir.), 1068 – ARRA, states that got fiscal relief retained or created jobs, preliminary estimate, 1224 – California
– – Case Notes, 1234
– – Journey Charter Sch., letter from teachers to parents was organizing effort protected by state labor law (Cal. Ct. App.), 143 – – Los Angeles County
– – – Educ. Ass'n, NEA local affiliates with AFL-CIO, 311
– – – Sexual harassment, secretary who quit may get documents produced for outside counsel investigation (Cal. Ct. App.), 52 – – Mt. Diablo Educ. Ass'n, NEA local affiliates with AFL-CIO, 311 – – Sunnyvale Unified Sch. Dist., probationary teacher not selected for permanent job in retaliation for union activity must pursue educational employment relations act claim (Cal. Ct. App.), In Brief, 357 – Colo., Denver, bill merging public schools' retirement system with state plan signed, 639 – Connecticut
– – E. Granby, AFSCME breached fair representation duty by pursuing pay disparity grievance and refusing to include member in proceedings (Conn. App. Ct.), 78
– – Wethersfield, teacher required to meet medical conditions after administrative leave may not bring due process claim after unsuccessful state court suit (2d Cir.), 811 – District of Columbia
– – Breach of contract and due process, transportation division manager may pursue claim where genuine issue of whether or not job was at-will (D.C. Cir.), 707
– – Layoffs, 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 – – RIFs, Wash. Teachers' Union and AFSCME Local 2921 must file grievances with appeals office before suit (D.C.), 24 – – Transfer, guidance counselor proved that 4 month jury service was motivating factor but not the only cause (D.D.C.), 1110 – Fla., Seminole Cty., pre-K teacher's aide may pursue claim for non-sedentary job refusal, issue of fact about qualifications (11th Cir.), 74 – Ga., legislation letting exceptional teachers to get pay hike for serving as leaders or mentors, reward principals whose schools show improvement, 68 – Idaho, Pocatello, decision on whether state law barring local workers from using payroll deductions for political causes violates 1st Amend. pending (U.S.), 146; no free speech violation in barring local government employers from allowing payroll deductions (U.S., dec), 260 – Illinois
– – Chicago
– – – National origin bias, Polish bi-lingual teacher has no retaliation claim for contract nonrenewal but may pursue bias claim (7th Cir.), 1133
– – – Teachers' Union, limitations period for claim by pro se plaintiff for bias in firing after unsuccessful run for president dismissed as directed by trial judge equitably tolled (7th Cir.), 1102
– – – Accrued seniority rescinded after leave, full-time substitute gets relief for demotion after second pregnancy, DOJ accord (N.D. Ill.), 669
– – – Contract nonrenewal, teacher who lost job after telling principal of pregnancy has claim but no FMLA claim where leave granted (N.D. Ill.), 177
– – Indianapolis Pub. Schs., classroom assistant failed to show words copies, no copyright claim (7th Cir.), In Brief, 628
– – Nettle Creek Sch. Corp., Latina teacher reassigned to lower grade has no retaliation claim where no loss of pay or benefits (7th Cir.), 740 – Louisiana
– – Caddo, E. Baton Rough, Jefferson, and New Orleans school districts, AFT files complaint against unlicensed recruiter for cheating and intimidating Filipino teachers, 1126
– – Race bias, special education teacher failed to show hostile environment but firing for misplacing beeper may be pretext (5th Cir.), 565 – Md., Worcester Cty., Bd. of Ed. must defend vice principal in assault claim by student for showing knife in office after insurer refusal to cover (Md.), 596 – Massachusetts
– – Acton-Boxborough Reg'l Sch. Dist., no equitable estoppel available for part-time monitor who had not worked enough hours to take FMLA to care for sick husband (1st Cir.), 970
– – Budget, governor warns of upcoming layoffs, urges reform of state defined benefit plans, In Brief, 133
– – Hamtramck Pub. Schs., no age, race, or national origin bias in reassigning ESL counselor to computer teacher (E.D. Mich.), 48
– – Lansing, teachers and union lack standing to sue education board for not expelling students who physically attacked teachers (Mich. Ct. App.), 256
– – Burnsville-Eagan-Savage Sch. Dist., principal reinstated after requiring kindergartner to clean out clogged toilet, district will honor but will not return to building (Arb.), 981
– – Stillwater, age bias accord for refusal to consider older athletic director instead of younger, less qualified applicant approved (D. Minn.), 131 – NEA
See TEACHERS (NEA)
– Nevada
– – Hobbs Muni. Sch. Dist., assistant principal who made sexually explicit phone call to secretary from home has no claim for contract nonrenewal (10th Cir.), 410
– – Washoe Cty., school administrative assistant transferred after general counsel fired may pursue 1st Amend. claim (9th Cir.), In Brief, 717
– – Bergen Cty., not addressing whether N.J. courts would give preclusive effect to Ed. Dep't dismissal of race bias claims of nonrenewed teacher was error (3d Cir.), 1136
– – New Brunswick, teacher who resigned after transfer for problems with principal has no claim for disability benefits denial (N.J. Super. Ct.), 51 – – Newark Pub. Schs., DOJ charges USERRA violation in denying full-time job to teacher after deployment (D.N.J.), 640 – – Pine Hill, music teacher failed to show age and not classroom management was reason for contract nonrenewal (3d Cir.), 1192 – New York
– – Long Beach Sch. Dist., §403(b) plan exempt from ERISA, no fiduciary breach claim for paying kickbacks to insurer (S.D.N.Y.), 1106
– – New York City
– – – Clean Air Act, reduced paychecks not evidence that school maintenance worker demoted after refusing to remove asbestos tiles filed timely whistleblower complaint (DOL ARB), 956
– – – Disability bias, dyslexic teacher has no claim for refusal to exempt from aspects of certification exam, allowing oral answers sufficient accommodation (2d Cir.), 771 – – – Due process and free speech, principal of public Arabic language school forced to resign after remarks to reporter about student shirts has no claim (S.D.N.Y.), 1161 – – – Overtime, parent support workers may not agree to accept compensatory time in lieu of overtime pay where AFSCME pact did not address (S.D.N.Y.), 21; union failure to file grievance was not agreement to accept (rev den), 202 – – – P.S. 29, no free speech violation in principal barring reporting suspected abuse of black children, no adverse actions after complaints (S.D.N.Y.), 933 – – – UFT, pact attained, 762 – – S. Orangetown Sch. Dist., Muslim teacher did not show error in allowing black jurors to be eliminated in national origin and race bias claims (2d Cir.), In Brief, 1268 – – Saugerties Sch. Dist., non-employees have no standing to challenge communications policy as free speech violation (2d Cir.), In Brief, 144
– – Budget, executive order cuts annual pay of teachers and other state workers for rest of fiscal year, must take 10 hours flexible furlough leave, 520
– – Graham Cty., random drug and alcohol testing policy is unconstitutional search (N.C. Ct. App.), 748
– – Cleveland
– – – Disability bias, teacher denied accommodation for developed degenerative nervous system condition may pursue unexhausted claims where reasonably within scope of initial denied claim (6th Cir.), 1105
– – – Teachers Union signs MOU letting senior teachers to voluntarily transfer out of classrooms to ease budget shortfall, 734 – – Worthington City Sch. Dist., teacher who signed accord in exchange for age bias waiver failed to show bad faith in undesirable assignment and stopping pay (6th Cir.), 1226 – Public schools, governors should take interconnected approaches to recruiting, training, and retaining high quality workforce, report, 587 – Retirement benefits, public school teachers get larger employer contributions than private sector, study, 223 – State and local government jobs, ARRA funds awarded by U.S. Ed. Dep't helped retain or create, FY2008 report, 1282 – Teachers, growing concern that single pay schedule currently in place may be barrier to improving quality, Congressional involvement urged, CRS report, 641 – Tennessee
– – Nashville & Davidson Cty., school bus driver may pursue claim for demotion where bladder condition made him unable to comply with drug testing procedures (M.D. Tenn.), 906
– – Sumner Cty., administrator with arthritis failed to show she was regarded as disabled where transferred to teaching job in same broad class of jobs (6th Cir.), 870
– – Occupational therapy assistants not professionals despite training and certification rules, not exempt from FLSA, 40
– – Retirement Sys., trust fund had steep drop in asset value, Aug., 2008 to Feb., 2009, 342 – Utah, Alpine Sch. Dist., accord for age-based hiring and firing decisions approved (D. Utah), 203 – Washington
– – Nine Mile Falls Sch. Dist., custodian forced to clean up after suicide of student known personally may pursue emotional distress claims (Wash. Ct. App.), 626
– – Wash. Educ. Ass'n, nonmembers have no private right to sue for using agency fees for political activities without consent but may sue for restitution (Wash. Ct. App.), 24 – – Wellpinit Sch. Dist., no separation of powers violation in applying amended definition of disability retroactively (Wash.), 233
– – Kanawaha Cty., school district may not implement random drug testing for safety sensitive jobs where likely to violation 4th Amend. (S.D. W. Va.), 140
– – Retiree Health benefits, union notified insurer of intent to sue to stop elimination of subsidies for workers hired after June, 2010, 944 – Wy., independent audit of state retirement system certified, will fund benefits, In Brief, 618
– Dental laboratory, vocational training program instructor could not protest decision to contract out services performed by inmates (GAO), 614
– Disability, national origin, or race bias, psychiatrist failed to exhaust administrative remedies for reprimand (5th Cir.), 680 – Funding increase essential to remedy understaffing and overcrowding of federal prisons, House panel told, 305; BOP does not support supplying correctional officers with nonlethal weapons to protect against inmate violence, House testimony, 862 – Off-the-clock work, arbitrator's award denying pay for picking up and dropping off equipment did not violate FLSA or OPM rules but denying pay to workers waiting for elevators improper (FLRA), 848 – Operations, clear policies and assessment of lateral transfers and temporary assignments needed, GAO report, 307 – Outprocessing meeting, no ULP in barring union representative from administrative actions after worker firing (FLRA), 779 – Pandemic flu, steps taken to protect workers in event of pandemic, GAO report, 730 – Stab-resistant vests, AFGE urges letting individual wardens determine policies for correctional officers on case-to-case basis, seeks Director's removal, 732 – Staffing, AFGE officials mention need for more staff, 159 – Using illegal substance, corrections officer gets reinstatement and back pay where unaware he was using steroids (Fed. Cir.), 1072
– Computers, government employers must ensure that no expectation of privacy policies are reasonable and regularly enforced, BNA Analysis, 85
– FOIA – Ohio, state workers may not search public databases for confidential data on citizens, law signed, effective immediately, 41 – Smokers' rights, more employers refusing to hire based on health care costs, face legal challenges to disability bias, privacy rights, and state laws, Analysis, 1205 – Social Security numbers and state workers' personal data, new N.Y. law restricting use and disclosure takes effect, 41 – State and local laws, one of the most active areas in 2008, ESA analysis, 194 – Text messages, Cal. city violated police sergeants rights by reading (9th Cir., en banc rev den), 200
– Political affiliation, applicants may pursue claims for DOJ officials printing out data from internet to determine (D.D.C.), 1106
– Sexual orientation bias, IRS branch chief has no claim for publication of records of complaint for refusal to hire where subordinate disclosed (D.D.C.), In Brief, 847 – Suitability determination, SSA ALJ may not use to challenge changing removal date to date OPM issued and temporarily debarred, would allow a collateral attack on decision, res judicata bars (3d Cir.), 840 – System of records, Treas. Dep't special agent failed to prove anonymous letters to U.S. State Dep't were not from co-worker's own observations (D.D.C.), In Brief, 656
– Attorney-client
– – Discovery requests by former supervisor fired for refusal to recant charge that firm used undocumented workers not barred (U.S., rev grant), 146
– – Outside counsel, Cal. school secretary who quit after sexual harassment by chief facilities officer may get documents produced for investigation (Cal. Ct. App.), 52
See IMMUNITY
– Work product, attorney-client, and personal, Wash. municipal judge being investigated for hostile environment failed to prove report not subject to disclosure (Wash.), 1111
– Arbitration, arbitrator properly determined that worker fired the day probation ended may grieve firing (D.C. Cir.), 228
– Extended probationary period, N.C. waster water treatment plant operator gets damages for retaliation for sexual harassment complaints, DOJ accord (E.D.N.Y.), 1151
– Legal Servs. Corp., professional nonmanagerial oversight staff votes in favor of representation by union, 1059
– Local 17, Wash. governor has authority to suspend pay hikes due to revenue shortfall, unions to appeal (Wash. Super. Ct.), 221; renegotiated noneconomic pacts for general unit and higher education attained, health care addressed after budget final, 430; unions ratify renegotiated pacts giving up pay hikes, 831 – SSA, CSRA preempts ALJ's Tex. law claim for conflicts with union representatives after becoming acting chief (5th Cir.), 200
– Age bias
– Case Notes, 206; 478; 1234 – Classified service, putting assistant law director job in noncompetitive category exceeded Ohio city's authority under state home rule provisions (Ohio Ct. App.), 846 – CSRA, U.S. citizens denied jobs given to noncitizens may not use APA to circumvent exclusivity (D.C. Cir.), 560 – Federal Workforce Flexibility Act, OPM proposes to revoke final rule eliminating requirement for 52 weeks in grade to be promoted, 579; final rule delaying implementation issued, In Brief, 614; existing time-in-grade rules will stay in effect, final rule published, 941 – First Amend., failure to promote university public safety officer not tied to protected speech (8th Cir.), In Brief, 295 – Free speech
– – Hostile environment, identity of responsible decisionmaker can only be made by new trial (D.N.J.), 685
– – Misconduct, LA police officer's interest in reporting outweighed interest in avoiding disruption, officials have no immunity from claim for refusal to promote (9th Cir.), 647 – NTSB, FLSA claim of retaliation for filing EPA complaint following nonpromotion pretextual, dismissed (D.D.C.), 320 – Political affiliation, N.J. police sergeant passed over for failed to show causal connection to supporting mayor's opponent or whistleblowing on vandalism (3d Cir.), 653 – Race bias
– – Affirmative action, white public school denied promotion may pursue claim for policies that favor black applicants (8th Cir.), 1068
– – Damages allocation process, accord establishing for class of Chicago white firefighters after test scores altered to address racial disparities approved (N.D. Ill.), 338 – – Police promotions, white Ind. police lieutenants may pursue claim where African Am. officers who scored lower on exams got promotions (S.D. Ind.), 875 – Sexual orientation bias, supervisor accused of favoring homosexuals not liable to information specialist where not involved in investigation that led to firing (9th Cir.), 226 – Tenure
See TENURE
– – Locations, Chicago lawfully let police officers on active military duties take test at foreign sites off bases (7th Cir.), In Brief, 506
– – Retroactivity, DOJ charges Milwaukee Police Dep't unlawfully refused to grant to officer unable to take exam while on active duty (E.D. Wis.), 833
– Firefighters
See FIREFIGHTERS
– Newspapers
See NEWSPAPERS
– Due process, P.R. prosecutor not present at pre-firing hearing after postponements has no claim where given several chances to present case (1st Cir.), In Brief, 1139
– Ohio, municipalities exempt from punitive damages and attorneys' fees (Ohio Ct. App), 323
– Race bias, jury instructions erroneous, N.J. firefighters may keep award promotion denials and hostile environment, new trial needed (D.N.J.), 685 – Whistleblowers, laborer who told Ohio officials that village mishandled bacteria tests unlawfully fired for good faith report but village immune from punitive damages (DOL ARB), 502 – Wis., bill authorizing courts to award for employer bias signed, 703 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
