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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
SAFE DRINKING WATER ACT
– Whistleblowers, laborer who told Ohio officials that village mishandled bacteria tests unlawfully fired for good faith report but village not liable for punitive damages (DOL ARB), 502
– Web-based guidebooks for plan sponsors, IRS publishes, links to instructional web video, In Brief, 1000
– Minimum wage and overtime, city convention and visitors services sales manager exempt from FLSA where marketing activities directly related to management, DOL opinion letter, 343
– Benefits, Obama signs memo letting federal workers add partners to long-term care insurance, supervisors must allow sick leave to care for partners and non-biological, non-adopted children, 727
– Domestic Partner Benefits and Obligations Act – N.Y., marriage recognition rule allows Civl Servs. Dep't to recognize out-of-state marriages (N.Y. App. Div.), 178
See PENALTIES
– Telecommuting
See TELECOMMUTING
– Colleges
– Fourth Amendment
See FOURTH AMENDMENT
– Grievance process, seasonal tennis instructor rehired for one season in accord after race bias charge may not use pact procedure where job probationary (7th Cir.), 529
– Minimum wage and overtime, seasonal town lifeguards exempt where open less than 7 months/year but caterers staff not covered by exemption, opinion letter, 343 – Recreational establishment, town's lifeguards exempt from FLSA where beach open less than 7 months/year but workers of caterer providing services not covered by same exemption, DOL opinion letter, 343
– Discovery, sanctions imposed after recalcitrance in responding to requests in race bias class action (D.D.C.), In Brief, 53
– Retirement programs
– FY2010 budget request, more staff needed to keep up with market growth and added duties, chair tells Senate panel, 667
– Pay system outside GS, unilaterally implementing before bargaining was ULP (D.C. Cir.), 808 – Whistleblowing, Grassley (R-Iowa) questions chair about memo warning workers about barring nonpublic data without authorization, spokesman says data about protection added, 553
– Age, race, and sex bias, civilian army worker may pursue claim for supervisors failed to submit renewal application (D.D.C.), 1039
– Due process, MSPB had no jurisdiction to review Navy civilian's suspension (Fed. Cir.), 1191 – Intelligence Reform and Terrorism Protection Act, significant progress made in eliminating backlog and timeliness but more work needed, report, 1057 – Knowing involvement, claims by USDA chemist denied access to agents remanded for further FBI clarification (D.D.C.), In Brief, 1268 – Processing, significant progress made, OPM investigative reports used by DOD lack required documentation, CRS briefing, 7; final rule added subpart preserving merit principles and veterans' preferences while streamlining processes and providing flexibility, 93; reform team issued reports on progress and future plans, but gaps may hamper true reform, GAO report, 860 – Reciprocal recognition, Bush signed E.O. directing U.S. agencies to recognize decisions by other agencies, 162; OPM issues proposed rule to establish standards for implementing, 1278 – Security Clearance Oversight and Accountability Act
See CONGRESS, U.S.
– GS, Berry points to performance system as possible model for current workers, 1276
– Modern-day needs, SES has not lived up to original vision, should be updated to serve, report, 963 – VA, steps taken to reform process for awarding performance members and improve diversity, House testimony, 1088
– N.H., revising state workers' benefits, layoffs, and limits on bumping, governor proposes to balance budget, 221
– Pregnancy bias, full-time substitute whose accrued seniority was rescinded after leave gets relief for demotion after second pregnancy, DOJ accord (N.D. Ill.), 669
See YEARS OF SERVICE
– 14 Penn Plaza, decision pending on whether mandatory arbitration clause in building service pact enforceable to waive right to sue for age bias (U.S.), 146
– H1N1 virus, state health departments backing away from CDC guidelines for health care workers, 600; AFL-CIO and other unions urge OSHA to issue hazard alert or compliance directive and require PPEs, 643; some health care providers mandating vaccinations for nurses, unions recommend protection but oppose mandate, 1201; restraining order barring N.Y. from mandating vaccinations for health care workers issued (N.Y. Sup. Ct.), 1201; N.Y. mandatory vaccinations for H1N1 and seasonal flu suspended, 1222 – Healthcare 775 NW and Local 925, complaints concerning governor's budget cutting raises get accelerated (Wash.), 221; SEIU rejects pact requiring 19 unpaid days off during 2 year term, layoffs start, 1187 – Kids First, Md. executive order establishing bargaining rights for home-based child care workers getting state pay upheld (Md. Ct. Spec. App.), 385; pact attained, 766; ratified, 834 – Local 503, Or. state worker pact attained, 921; ratified, In Brief, 1066 – Local 721, pact with Los Angeles County announced, all county unions agree to 2 year extensions of status quo, 1152 – Local 1000
– – Cal. state workers, plan to furlough, 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; state spending plan using combination of layoffs, furloughs, cutting overtime, and reducing holidays to cut costs signed, 220; pact ratified, 371; union says proposed layoffs and health benefit cuts mean state has not listened to union suggestions, 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; strike authorized in response to unilateral furloughs, 922; binding order that state compensation fund workers may not be furloughed, 5th suit filed, 1022
– – Vallejo, municipality in bankruptcy may void union pacts (Bankr. E.D. Cal.), 339; bankruptcy judge mediates pact 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 – Me., charging nonmembers for litigation expenses for representation activities did not violate 1st Amend. (U.S.), 111 – Pandemic flu, most health care facilities not adequately prepared, survey of union leaders finds, 497 – Swine flu, CDC revised guidance recommending public health personnel wear surgical mask if respirator not available, union will not encourage members to go to work, 524 – United Healthcare Workers-West, Fresno home health care workers must choose between representation by union or switch to newly created union, 523
– ADR, court administrator entitled to costs of participation in mediation, city representative had no settlement authority (E.D. Mich.), 352; administrator had standing but immunity bars claims for promotion denial for relationship with judge, 411
– Age bias, clerk has no retaliation claim for public disclosure of accord where no economic harm, penalty only for violating contract (2d Cir.), 45 – Attorneys' fees, FRCP allows weighing settlement discussions in assessing success in computing award (3d Cir.), 926 – Confidentiality, no breach in telling prosecutor in criminal case of potential financial problems (Fed. Cir.), In Brief, 79 – Consent decrees
See CONSENT DECREES
– Personnel files, Army data specialist removed after threats has no claim for order barring from premises after accord (Fed. Cir.), 1285 – Race bias, hardship transfer for another worker did not breach accord with EEOC Seattle field office worker (EEOC), 1079 – Removal, MSPB must decide whether VA complied with accord requiring elimination of all references to removal (Fed. Cir., en banc), 472
– Annexation, Neb. police officers only get pay, no due process violation in denying job retention (8th Cir.), 1030
– Arrest, no bias in retaining younger male security guard longer than older woman, rules different (8th Cir.), 380
– Assignments, Navy civilian has no bias claim for reassignment or elimination of job (4th Cir.), 1190 – BFOQs, male Mich. corrections officer may pursue claim for denial of request to work shift and job restricted to female officers (E.D. Mich.), 439 – Breaks, Border Control agent not entitled to extra time off to express breast milk (5th Cir.), 652 – CAA, counseling and mediation are jurisdictional requirements, officers need not appear in person, and written notice triggers limitations period (D.C. Cir.), 925 – Caregiver status, number of Americans who work and care for children, parents, or others continuing to rise, adverse actions based on stereotypes, Analysis, 207 – Case Notes, 1165; 1165 – Cat's paw theory, female Muslim Palestinian Iowa college professor failed to show bias tainted lower level of review (8th Cir.), 738 – Demotion, Ala. parks and recreation director failed to prove where performance problems not pretext and due process hearing held (11th Cir.), 411 – Disparate treatment, male sergeant at Ill. women's prison whose negligence caused inmate death failed to prove firing was pretext (7th Cir.), 932 – Equal Pay Act
– – N.C. agency director's statement that candidate not selected because people objected to gender and youth admissible (4th Cir.), 409
– – Recording of supervisor's conversation with temporary, man complaining of bias may introduce, no wiretap violation where no expectation of privacy (D.N.M.), 905 – Fair Pay Act – Firefighters, code enforcement officer may pursue bias claims (S.D. Tex.), 293 – Fitness test, female applicant had standing to challenge disparate impact on women (D. Conn.), 292 – Gender variance – Hiring
– – Firefighters, Native Am. man and white woman firefighter jobs failed to provide evidence of bias in decisions (D. Minn.), 76
– – Selection process, applicant for ROTC instructor job has no claim where not pre-screened (10th Cir.), 139 – Ill., Cook Cty. hospital physicians' multiple claims may proceed to trial (N.D. Ill.), 254 – Interracial relationship, N.Y. treatment assistant fired after dating black male supervisor may pursue claim (N.D.N.Y.), 567; white assistant gets damages for hostile environment and firing, 1221 – Layoffs, Ill. state worker has no claim where no evidence sex caused job elimination, state official reviewed independently (C.D. Ill.), 384 – Lilly Ledbetter Fair Pay Act – Pay – Paycheck Fairness Act – 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 – Pregnancy – Procedure, summary judgment before postal clerk finished presenting case not premature where no evidence supported claim (7th Cir.), 407 – Promotions
– – Accretion of duties, workers who charged bias have no claim where promoted man not similarly situated (E.D. Va.), 594
– – Criteria change, N.J. police sergeant with several disciplinary findings on record failed to show bias (3d Cir.), 1134 – – Denial in retaliation for bias claims, jury awards damages to transit police officer (N.J. Super. Ct.), 246 – – Disparate treatment, EEOC attorney denied ALJ job has no claim where OPM provided steps it took to comply with prior order (D.D.C.), 438 – – Favoritism, Treasury Dep't special investigator denied 2 different jobs failed to connect employer actions with bias (D.C. Cir.), 836 – – Hostile environment and retaliation, black female Chicago Transp. Dep't supervisor failed to show similar or better qualifications than white man (7th Cir.), 899 – – Legitimate, nondiscriminatory reason for nonselection, D.C. electrician has claim but no retaliation, harassment, or constructive discharge (D.D.C.), 1163 – – Posting rescinded for budget constraints, Mass. bus driver who moved to collections job for medical reasons has no claim (1st Cir.), 19 – – Pretext, African Am. man has no claim for promotion denial where qualifications similar to woman selected (4th Cir.), 73 – – Reassignment of duties, Ala. city worker failed to produce evidence of pretext where worker assigned duties after failure to perform and qualifications as reason for denying supervisory jobs (11th Cir.), 472 – References, SBA accord does not bar breach claims for failure to refer requests to human resources (D.D.C.), 1194 – Retaliation
– – Adverse action, damages award to retired female N.Y. detectives upheld, jury instruction clearly defined needed proof (E.D.N.Y.), 624
– – Assault, suits by air traffic controller dismissed where unable to identify court dismissing first claim and no basis to impute supervisor misconduct to FAA (6th Cir.), 468 – – Derogatory names, Cal. agency ordered not to interfere with EEOC investigation of peace officers' complaints (E.D. Cal.), 766 – – Judicial estoppel, failure to disclose pending bias claim in bankruptcy petition does not bar pursuing Title VII claim (7th Cir.), 532 – – Materially adverse acts, environmental scientist may pursue claim, more lenient standard applies to federal as well as public sector workers (M.D.N.C.), 1007 – – Promotions
– – – Deputy Fla. sheriff failed to show denial was for complaints (U.S., rev den), 83
– – – FRB worker may pursue claim despite failure to establish prima facie claims (D.C. Cir.), 346 – – Secretarial duties, P.R. police to pay damages for making female and not male officers perform, and discipline and transfer for complaint, DOJ accord (D.P.R.), 193 – – Unacceptable conduct, award to LA city attorney improper, failed to show city evidence was pretext (U.S., rev den), 782 – Sick leave, N.Y. police detective may pursue claims for disparate impact in home confinement but estoppel bars §1983 claim addressed in state proceeding (E.D.N.Y.), 108 – Sovereign immunity
– – Alaska, Govt. Employee Rights Act validly abrogated protection from 14th Amend. claims (9th Cir., en banc), 619
– – Harassment and failure to promote, Conn. FEP law waives state protection from paralegal's bias claims (Conn.), 655 – Supervisor conduct, fired worker may pursue bias claims, supervisor comments poisoned termiantion process (D. Nev.), 319 – Tenure, assistant professor established prima facie case of bias in denial but unable to rebut school's explanation (10th Cir.), 349 – Ultimate employment decision, Treasury Dep't worker has no bias claim for annual evaluation, not adverse employment action and no evidence of retaliation or harassment (5th Cir.), 839 – Unpaid leave, professor's claim for leave denial untimely but may pursue retaliation claim for demand for repayment after failure to return from sabbatical (5th Cir.), 1004 – USDA, House panel and GAO urge vast improvement, official announces plans to implement GAO report recommendations, 518
– Affirmative defense
– – Colo. Transp. Dep't not vicariously liable for supervisor remarks, firing for performance not retaliation (10th Cir.), 561
– – PBGC, auditor unreasonably failed to complain for months after supervisor started disparaging fiance and making suggestive comments (D.C. Cir.), 869 – Claims preclusion, Va. state worker barred from bring bias claim where not raised in state proceeding for firing for harassing student intern (E.D. Va.), 978 – Confidentiality, N.J. county must provide accord with female worker to local newspaper and public information advocate (N.J. Super. Ct.), 385 – Continuing violation, Pa. communications technician may pursue claim for firing after complaint about co-worker masturbation and county failure to act timely (E.D. Pa.), 1265 – Daily barrage of abusive treatment, accord with NEA-Alaska for executive director who treated women differently approved (D. Alaska), 1062 – Damages, DOI improperly cut damages for worker who switched supervisors after complaints, award increased (EEOC), In Brief, 1113 – Disability bias, W.Va. medical resident failed firing for violating probation after complaints protected, no retaliation for rejecting second chance (4th Cir.), 743 – Disparate treatment
– – Isolated and untimely remarks, claims by Kan. police officers dismissed but retaliation claims revived (10th Cir.), 72; sequel suit by same plaintiffs dismissed, 289
– – Reprimands and transfer, postal worker disciplined for treatment of women has no claim where infractions by females not similar (11th Cir.), 379 – Employee status, volunteer reserve officer has no Title VII claim where not an employee (N.D. Ind.), 1162 – Failure to prevent and correct, DOJ charges N.M community college despite complaints to supervisors about former president (N.M.), 67 – Failure to prevent, DOJ charges college failure to protect against college president (D.N.M.), 67 – Female supervisors, rank and file workers less likely to experience workplace harassment, study, 1028 – Graphic pornography in hard copy and on computers, N.J. town management specialist gets damages for town business administrator conduct in accord (D.N.J.), 342 – Hostile environment, air traffic controller who filed 5 bias suits knew appealing failure to show epithets after she left workplace were abusive knowingly waived Title VII claims (4th Cir.), 1002 – Hostile environment, Wash. municipal judge being investigated after clerk's complaint failed to prove report was not subject to disclosure (Wash.), 1111 – Hugs and comments about appearance, Mich. fire marshal's conduct overwhelmingly nonsexual, not severe or pervasive enough for hostile environment (6th Cir.), 379 – Judicial review, university business manager fired for asking student-worker to pose for calendar failed to assert proper basis to review hearing officer's decision (Va.), 536 – Limitations period, no continuing violation where female Mo. worker reassigned for 16 months, claim untimely (5th Cir.), 1259 – Personal staff, chief deputy sheriff excluded from Title VII protections (4th Cir.), 593 – Physical and verbal abuse, female LA police officer in elite unit abused by male officers gets economic and noneconomic damages (C.D. Cal.), 432 – Prevention, Mo. police officer may pursue claim where evidence of prior misconduct by harasser, adoption of policy insufficient (Mo. Ct. App.), 475 – Privilege, Cal. school secretary who quit after chief facilities officer assault may get documents produced for outside counsel investigation (Cal. Ct. App.), 52 – Retaliation
– – Defamation, worker who filed internal complaint against co-worker may file counterclaim on suit (Ohio Ct. App.), 415
– – Due process and free speech, Pa. corrections officer had no claim for reprimand for misconduct after helping co-worker with claim (3d Cir.), 712 – – Evidence, female workers could present prior sex bias more than 180 days before charges filed for retaliation after filing EEOC charge (E.D. Ark.), 1077 – – Extended probationary period, N.C. waster water treatment plant operator gets damages, DOJ accord (E.D.N.Y.), 1151 – – Good faith belief in truthfulness during interview, college IT director who failed to refute has no claim (8th Cir.), 435 – – Hiring, no unfair prejudice in judge's remarks to defense witness, front pay award for refusal to hire after earlier suit upheld (2d Cir.), 1073 – – Hostile environment, Mo. corrections officers claim fails where job not affected and co-workers' actions not materially adverse (8th Cir.), 1132 – – Inappropriate behavior by supervisor, fired Tenn. worker fired after disclosing may pursue Title VII claim even though no charge filed (U.S., rev and rem), 145; scope of impact of Crawford ruling uncertain, practitioners tell conference, 325; payroll coordinator produced sufficient evidence for jury trial on whether firing was retaliatory (Tenn.), 1291 – – Promotions, deputy Fla. sheriff failed to show promotion denial was for bias complaints (U.S., rev den), 83 – – Sexually charged comments and touching, DOJ accord for threatening manner by sheriff after complaints (S.D. Ind.), 764 – Sex bias, N.Y. election official forced to quit after female co-worker claims established prima facie case of constructive discharge (2d Cir.), 676 – Strict liability, sheriff's records clerk did not need to show harasser has direct supervisory authority to recover under Ill. law (Ill.), 534
– Case Notes, 478; 1165
– Del., bill giving gays and lesbians protection in workplace and other areas approved, 767 – Due process and equal protection, music professor whose contract not renewed after student complaint about homosexuality remarks has no claim (S.D. Miss.), 1292 – Employment Non-Discrimination Act – Hazing, lesbian high school softball coach provided enough evidence of pretext to pursue claim for replacement by married man after superintendent learning of orientation (Me.), 714 – Ind., South Bend, executive order banning bias issued, In Brief, 807 – Kan., bill adding to list of banned biases introduced, 167 – Lesbian, gay, bisexual, and transgendered individual, number of firms with policies protecting increased but steps needed to improve climate, report, 1097 – Nashville, orientation added to protected classes for city and county jobs, 1129 – Ohio, Akron, executive order barring bias signed, In Brief, 867 – Privacy Act, 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 – Protections, 27 states protect but U.S. law does not ban, GAO report, 1153 – Retaliation
– – Hiring and promotions, supervisor accused of favoring homosexuals not liable to information specialist where not involved in investigation that led to firing (9th Cir.), 226
– – Perceived homosexuality, Cal. police officer denied promotions gets damages for retaliation and failure to prevent bias (Cal. Super. Ct.), 402
– Port of Auth. of N.Y. & N.J., Asian Am. police officers denied promotions get damages for race bias (S.D.N.Y.), 431
– Accruals, MSPB had no jurisdiction to hear mail processor's claim for failure to credit during leave without pay for job injury (Fed. Cir.), 135
– Age bias, DOD industrial security specialist has no retaliation claim for discipline for late assessments and denying leave without documentation (4th Cir.), 900 – Availability pay, NOAA criminal investigator fired for inaccurate time and attendance data has no claim for accord breach where unable to perform unscheduled duty (Fed. Cir.), 681 – Case Notes, 954 – Disabled Military Retiree Relief Act – Family and medical leave – FERS Sick Leave Equity Act – Race and sex bias, N.Y. police detective may pursue claims for disparate impact in home confinement but estoppel bars §1983 claim addressed in state proceeding (E.D.N.Y.), 108 – Stipends for nonuse, mass transit agency must use when calculating regular rate for overtime pay, DOL opinion letter, 375
– IRS, assessment of skills and competencies needed for effective workforce planning, TIGTA report, 244
See DEFAMATION
– Age, race, and sex bias, accord does not bar breach claims for failure to refer reference requests to human resources (D.D.C.), 1194
– Nat'l Air and Space Museum, worker who complained about exposure to asbestos files OSC whistleblower charge, 369; director says no threat to workers, plan to respond to concerns and preclude further problems unveiled, House hearing, 458
– Nat'l Zoo, Obama intends to name director to head OPM, NTEU official says, 60; White House intent to name Berry as OPM director, 274
– Family Smoking Prevention and Tobacco Control Act
– N.C., bill requiring state workers who smoke to pay more for health insurance signed, 559 – 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
– Numbers and state workers' personal data, new N.Y. law restricting use and disclosure takes effect, 41
– Paid family and medical leave, financing by adding to program proposed, cost minimal and several financing options, CAP report, 705
– GINA, interim final rules released, comments sought, 1125
– Hiring, MSPB remand of veteran's preference claim to field office may not be reviewed until adjudication of whether applicant improperly denied job (Fed. Cir.), 947; preference-eligible may pursue claim that SSA used internship program to deny him other jobs (MSPB), 1010 – IFTPE, CSRA preempts ALJ's Tex. law claim against union for conflicts with representatives after becoming acting chief barred (5th Cir.), 200 – Privacy Act, ALJ had no claim for changing removal date to date OPM issued negative suitability determination and temporary debarment, would allow a collateral attack on decision (3d Cir.), 840 – Staffing, AFGE officials mention need for more staff, 159; understaffing at field offices has negative effect on customer service, must develop plan to manage increased workload as baby boomers retire, GAO report, 188
– CAA, denying Senate Sergeant at Arms' motion to dismiss ADA claim for accommodations denial not reviewable (Fed. Cir.), 17
– Case Notes, 935 – Defamation, Congressman may not be sued for comments to press about civilian deaths in Iraq where within scope of job, libel and slander waiver not applicable (D.C. Cir.), 590 – Due process, Mich. court workers fired after interviews during oversight review raised factual issue of protected property interest in jobs (6th Cir.), 350 – 11th Amendment
– – Age bias, EEOC not barred from recovering damages for denying former dean rehire (5th Cir.), 227
– – Sex bias, Govt. Employee Rights Act validly abrogated protection from 14th Amend claims (9th Cir., en banc), 619 – Waiver, Conn. FEP law does not bar paralegal's claims for age, disability, and sex bias (Conn.), 655
– CSRA, ALJ's Tex. law claim against union for conflicts with representatives after becoming acting chief barred (5th Cir.), 200
– Domestic Partner Benefits and Obligations Act
– Federal Career Intern Program, NTEU may pursue challenge to implementing rules (D.D.C.), 857
– Free speech, non-employees may not challenge N.Y. school district communications protocol for teachers (2d Cir.), In Brief, 144 – Retiree health benefits, claims by Or. city workers challenging discontinuation not ripe but retirees may get discovery to challenge policy change (9th Cir.), 621
– Fitness test, female applicant may challenge disparate impact on women (D. Conn.), 292
– Violence in classroom, teachers and union lack standing to sue education board for not expelling students who physically attacked teachers (Mich. Ct. App.), 256
– Deficits, concern growing, risk that taxpayers will have to make up for shortfall because sponsors may not hike worker contributions, EBRI report, 464
– Defined benefit systems, amounts paid, Census Bureau report, 2008, 12 – Government plans
See 403(b) PLANS
– Pensions
– – 403(b) plans
See 403(b) PLANS
– Retiree health benefits
See specific states or types of public employees
– Corrections employees
See FIREFIGHTERS
See 403(b) PLANS
– Hiring, public sector jobs increased since recession started while private sector jobs declining, report, 967 – Jails – Police – States and types of public workers
See specific states or types of public employees
– Budget shortfalls, 44 states face, will require tax hikes, cuts in services, or layoffs, will worsen current recession, federal aid needed, 65
– H1N1 virus, state health departments backing away from CDC guidelines for health care workers, 600; AFL-CIO and other unions urge OSHA to issue hazard alert or compliance directive and require PPEs, 643; restraining order barring N.Y. from mandating vaccinations for health care workers issued (N.Y. Sup. Ct.), 1201; N.Y. mandatory vaccinations for H1N1 and seasonal flu suspended, 1222 – States
See specific states
See also specific states
– Disability bias – 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 – Workplace bullying, more states considering laws requiring monitoring workplaces to address, Analysis, 116; more common and prevalent than harassment, becoming important HR issue and surfacing in courts and legislatures, Analysis, 1043
– Annual Legis. Conf., Biden talks about need for EFCA, McEntee emphasizes need for more U.S. aid to state and local governments, 585
– Council 4, union breached fair representation duty by pursuing grievance to cut pay of secretary after another secretary complained (Conn. App. Ct.), 78 – Council 5, Minn. state workers approve pact, no pay hikes but health insurance benefits kept intact, 761 – Dist. Council 31
– – Home-based personal suppport services for developmentally disabled people, union and SEIU local seek to represent caregivers, 1024
– – Layoffs, union files suit to bar 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
– – Agency fees, union delay in sending when responsible worker took family leave proper where sufficiently detailed (3d Cir.), 1159
– – Union election, DOL will supervise rerun for Philadelphia workers after charges incumbents used union funding to advance, accord, 98; incumbents win DOL-supervised rerun election, 345 – Dist. Council 94, R.I. announces plans for 12 unpaid shutdown days for state workers, union to seek restraining order to bar, 996; pact attained with unions to avoid layoffs and planned government shutdown days, 1025 – Dist. Councils 33 and 47, Philadelphia mayor asks union to encourage members to take furlough day, 373 – H1N1 virus, some health care providers mandating vaccinations for nurses, unions recommend protection but oppose mandate, 1201 – Local 152, Hawaiian government workers' pact ratified, details of furlough plan announced, 1219 – Local 754, no misrepresentation where Conn. police officer who retired to work for State Dep't contractor in Iraq not denied reinstatement after accepting retirement benefits (Conn.), 597 – Local 1000, N.Y. sheriff may implement new inmate classification policy without bargaining but must bargain over impact (N.Y.), 354 – Local 1840, Air Force insistence that union bargain for new pact after agency hear rejected portions was ULP (FLRA), 571 – Local 2921, grievances over RIFs must be filed with D.C. appeals office before suits (D.C.), 24 – Local 3652, 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 – N.Y.C., parent support workers may not agree to accept compensatory time in lieu of overtime pay where pact did not address (S.D.N.Y.), 21; union failure to file grievance was not agreement to accept (rev den), 202 – Nurses Congress, Barab says OSHA will use general duty clause to cite employers for ergonomics and workplace violence hazards, 558 – Or., state worker pact attained, 921; ratified, In Brief, 1066 – Pandemic flu, most health care facilities not adequately prepared, survey of union leaders finds, 497 – Wash., Gen. Admin. Dep't rules defining displaced workers and barring Employee Business Units from bidding on more than one contract invalid (Wash. Ct. App.), 1231
– Foreign Service
– Int'l Boundary and Water Comm'n, general counsel fired for whistleblowing on waste, fraud, and abuse, appeal says (MSPB, rev sought), 1124 – Personal liability, certifying official at foreign embassy not liable for overpayment of retirement benefits, GAO rules, 306 – USAID
– Age and race bias, notice of appeal filed after reconsideration motion denied untimely, limitations period not tolled (Cal. Ct. App.), 909
– Age, race, and sex bias, limitations period for pro se plaintiff who mistakenly requested dismissal as directed by trial judge equitably tolled (7th Cir.), 1102 – Case Notes, 954 – 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 – Disability bias, 90 day limitations period after EEOC adverse decision tolled for timely reconsideration motion (4th Cir.), 589 – Disciplinary action, no limitations period, Tenn. Hwy. Patrol officer fired for unprofessional conduct has no due process claim for 6 year delay between traffic stop and discipline (Tenn. Ct. App.), 815 – Discipline, Neb. Civil Serv. Comm'n may hear police officer claim for firing for failure to meet health requirements despite untimely filing (Neb. Ct. App.), 476 – EEO activity, promotion denial, and performance plan, DOE worker's complaint timely where filed within 90 days of EEOC denial of reconsideration request (D.D.C.), 1041 – Excusable neglect, Pa. police worker with fibromyalgia who abandoned ADA claim for failure may not revive 7 years later (3d Cir.), 651 – Exhaustion, postal worker may pursue bias claims where EEOC rule on presumed receipt excused untimely filing (D. Colo), 1227 – Lilly Ledbetter Fair Pay Act
– – Class certification, appeal not filed by D.C. water and sewer authority within 10 days untimely (D.C. Cir.), In Brief, 570
– – Disparate impact, Chicago firefighter applicants may not sue where EEOC charge not filed within 300 days of ineligibility notice (U.S., briefs sought), 631; when charge-filing period starts to be considered (rev grant), 1140 – – Promotions, claim by Chicago carpenter for denying training chances that would better qualify untimely more than 300 days after denial (7th Cir.), 136 – – Retaliation, former Ga. officer has no hostile environment claim where acts time-barred, no proof of pretext for race bias or retaliation (11th Cir.), 742 – Sexual harassment, no continuing violation where female Mo. worker reassigned for 16 months, claim untimely (5th Cir.), 1259 – Taxation, extended time period for filing appeal of N.Y.C. nonresident tax when U.S. is party applies to private parties only when government intervenes (U.S.), In Brief, 719 – 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 – Tenure, N.J. fire captain fired after fire district dissolved and fire division created starts when job ended, public safety officers have constitutional right to job (N.J. Super. Ct. App. Div.), 356 – Title VII and ADEA, Army engineer passed over for promotions for more than 15 years failed to prove harassment, pattern or practice of bias must be classwide (6th Cir.), 646 – Unpaid leave, professor's claim for leave denial untimely where not filed until after semester end but may pursue retaliation claim for repayment demand after failure to return from sabbatical (5th Cir.), 1004 – USERRA, veteran who filed suit 13 years after Chicago refused to hire has no claim, 2009 amendment removing limitations period not retroactive (7th Cir.), 1071
– , Pa., SE Pa. Transp. Auth. TWU Local 234, strikes after pact talks break down, service halted, 1280
– Federal use of private firms
– Case Notes, 935
– Better attendance, Ill. county nurse unable to drive after car accident caused anxiety has no claim for demand (7th Cir.), 525
– Sleeping, applicant denied deputy jailer job for failing prehire drug test has no claim for medications for epilepsy (W.D. Ky.), 625
See MASS TRANSIT
– Age bias
– – Disability retirement, decision that no ADEA violation in Ky. plan differentiation based on normal retirement eligibility disregards OWBPA, AARP attorney says (aff'd), 829
– – Jury instructions, 1991 CRA provision superseding direct evidence requirement does not apply to ADEA claims (rev grant), 146; 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 – – Mandatory arbitration, decision pending on whether SEIU pact clause enforceable to waive right to sue, 146 – Due process, fired Dallas police chief has no municipal liability claim where city manager was not policymaker (rev den), 418 – Free speech, decision on whether Idaho law barring local workers from using payroll deductions for political causes violates 1st Amend. pending, 146; barring payroll deductions for political activities does not violate union 1st Amend. rights (dec), 260 – Overtime, 11th Amend. does not bar class claims by bus drivers to pay for pre-route safety inspections (rev den), 688 – Pregnancy bias, decision pending on workers' claims for credits lost under former leave policy, 146; no bias in seniority accrual rule that gave women limited service credit for maternity leave (rev), 629 – Race bias
– – Disparate impact, Chicago firefighter applicants may not sue where EEOC charge not filed within 300 days of ineligibility notice (briefs sought), 631; when charge-filing period starts to be considered (rev grant), 1140
– – Promotions, New Haven civil service board refusal to certify results of firefighter promotion exams was race-neutral (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; refusal to certify promotional exam results for fear of suit by black candidates violates equal protection, 507; discarding results of promotional exams favoring white and Hispanic test takers was intentional race bias (rev), 819; employers need to be careful about selecting workers for RIFs, promotions, and other large scale actions, hiring experts recommended, 880; decision teaches us 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 – Sex bias and sexual harassment, deputy Fla. sheriff failed to show promotion denial was retaliation for bias complaints (rev den), 83 – Sexual harassment, Tenn. worker fired after disclosing inappropriate behavior by supervisor may pursue retaliation claim even though no charge filed (rev and rem), 145; scope of impact of Crawford ruling uncertain, practitioners tell conference, 325; payroll coordinator produced sufficient evidence for jury trial on whether firing was retaliatory (Tenn.), 1291 – Taxation, extended time period for filing appeal of N.Y.C. nonresident tax when U.S. is party applies to private parties only when government intervenes (dec), In Brief, 719 – 2009-2010 term, opens with 5 labor and employment cases awaiting oral argument, 1141 – UMTA, Tex. law immunity from union claims for pay and benefits not barred, UTU must file new grievance for failure to pay (rev den), 718 – Whistleblowers, firm must respond to discovery requests by former supervisor fired for refusal to recant charge that firm used undocumented workers (rev grant), 146
– Electronic
– Case Notes, 1165
– Due process, Pa. firefighter put on paid suspension without notice of lack of training or certification has claim (3d Cir.), 16 – Jurisdiction, failure to tell Tex. police officer of limit on rights in appeal did not deprive hearing officer of authority (Tex.), 843 – Race bias, African Am. orthopedic surgeon failed to show sanctions not for misconduct (5th Cir.), 679 – Tax evasion and preparing false return, IRS agent removed after guilty plea has no claim for failure to comply with rules (Fed. Cir.), In Brief, 877
See H1N1 VIRUS
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