|
|
|
|
||
|
||
|
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
WAGE AND HOUR DIVISION, DOL
– Administrative exemption, city convention and visitors services sales manager not covered by FLSA where marketing activities directly related to management, opinion letter, 343
– Alternative work periods, firefighters for public mass transit covered by partial exemption, authority considered state agency, opinion letter, 375 – Firefighters, district proposing stipend to cover expenses and pay fee failed to show fee nominal and permissible under DOL rules, opinion letter, 101 – FMLA, worker who needs unforeseen leave must give such notice as practicable but no allowance provided by rules, DOL opinion letter, 585 – Professional exemption
– – Athletic instructors exempt from FLSA even if substantial time spent recruiting student athletes, opinion letter, 39
– – Occupational therapy assistants, not professionals despite training and certification rules, not exempt from FLSA, opinion letter, 40 – Reserve pay, hours that police victim assistant specialist served as reserve officer must be counted where doing special assignments and getting more pay, opinion letter, 100 – Staff meetings and court attendance, Ark. police officers not paid for time spent get damages, DOL accord, 131 – Volunteers, EMTs working for county may work without pay for crew county partially funds but is separate entity, opinion letter, 101
– Bonuses
See BONUSES
– Compensatory time – Federal
See GARNISHMENT
See MERIT PAY
– Military
See MINIMUM WAGE
See OVERTIME
See PREMIUM PAY
– Race bias, firing, pay cut, exclusion from managers' meetings, and reduced duties are prima facie case (E.D. Cal.), 595 – Real earnings, BLS monthly report, June, 835; July, 968 – Real income, administration will not consider economic recovery complete without good jobs, middle class had losses despite productivity growth, 585 – Real weekly earnings, BLS report, Jan. 2009, 248 – Reemployment of Annuitants Act – Severance pay
See specific states or types of public employees
See VACATION PAY
– Age bias
– – Bad faith, teacher who signed accord in exchange for waiver failed to show undesirable assignment and stopping pay was breach (6th Cir.), 1226
– – Knowing and voluntary waiver, EEOC guidance on securing, 829 – – Mandatory arbitration, decision pending on whether SEIU pact clause enforceable to bar right to sue (U.S.), 146 – – Subject matter jurisdiction, district court may hear claim for mental incompetence when executing but sovereign immunity bars other claims (10th Cir.), 591
– Contracting out, 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
– Fed. of State Employees, governor has authority to suspend pay raises due to revenue shortfall, unions to appeal (Wash. Super. Ct.), 221; pacts attained for general governmental unit and for colleges and universities, will address health care after legislature adjourned, 430; unions ratify renegotiated pacts giving up pay hikes, 831 – Federal Way, municipal judge being investigated for hostile environment failed to prove report was not subject to disclosure (Wash.), 1111 – Home health care and day care, SEIU complaints about suspending pay raises in budget cuts accelerated (Wash.), 221 – Olympic College Ass'n, NEA local affiliates with AFL-CIO, 311 – Seattle firefighter may pursue reverse race bias claim under state law banning preferential hiring (Wash. Ct. App.), 256 – Workers' compensation, state law inapplicable, custodian forced to clean up after suicide of student known personally may pursue emotional distress claims (Wash. Ct. App.), 626
– Nonlethal, BOP does not support supplying to correctional officers to protect against inmate violence, House testimony, 862
– Obesity
See OBESITY
– ULP, barring union representative from administrative actions after BOP worker firing lawful (FLRA), 779
– Revenue surplus, governor proposes one-time salary enhancement for full-time workers, lawmakers will strongly consider, 924; special legislative session fails to pass salary enhancement, 945
– Am. Recovery and Reinvestment Act
– Cal., state workers may bring damages actions after adverse initial findings without exhausting administrative remedies (Cal.), 353 – Case Notes, 935 – 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 – Clean Water Act, Ga. sewer inspectors fired after telling supervisors of compliance issues have no retaliation claims under statute or 1st Amend. (11th Cir.), 649 – Discovery, firm must respond to requests by former supervisor fired for refusal to recant charge that firm used undocumented workers (U.S., rev grant), 146 – DOE, disciplined nuclear engineer loses challenge claiming retaliation for whistleblowing (Fed. Cir.), 316 – Due process and free speech, officers have no §1983 claim for expulsion from FOP, no state action (7th Cir.), In Brief, 935 – FDA, Grassley (R-Iowa) urges acting commissioner to clarify ability to communicate to congress and HHS IG after confidentiality memo, 371 – Federal workers, those who contact IG offices get little or no help, report, 368 – Free speech, standard for analyzing whether former USPP chief made protected statements improper but removal proper where charged supported (MSPB), 80; genuine issue of whether performance appraisal intentionally destroyed, chief may pursue claim (D.C. Cir.), 810 – Make It Safe Coalition, coalition letter urges President to support bills strengthening retaliation protection, signing statement for prior law not enough, 396 – Milk Marketing program, USDA audit manager whose office was closed after reporting dairies who misrepresented grade of milk failed to show retaliation, office would have closed anyway (Fed. Cir.), 836 – N.J. Envt'l Protection Dep't, policy of public release of technical and scientific reports improperly restricts ability to inform public, workers argue, 672 – Occupational safety and health, DOL charges USPS unlawfully fired worker who reported work-related allergy to machinery, 828 – Occupational safety and health, OSHA orders corrective action, back pay, fees, and punitive damages for N.Y. commuter railroad retaliation, 766 – Or., bill protecting extending protection to private sector signed, In Brief, 767 – Protecting America's Workers Act – Retaliation, environmental group says Wildlife Services worker appeal for firing after reporting co-workers killing mountain lions will show whether new administration handles complaints differently (MSPB), 730; appointment end stayed while whistleblower claim pending (ALJ), 798 – SEC, Grassley (R-Iowa) questions chair about memo warning workers about barring nonpublic data without authorization, spokesman says data about protection added, 553 – Sensitive Security Info. disclosure – Taxation, accord proceeds should be reported on federal income tax return (T.C.), In Brief, 1078 – Tenn., bill clarifying retaliatory discharge ban signed, In Brief, 618 – Transportation Security Workforce Enhancement Act – Whistleblower Protection Enhancement Act
– Retaliation, environmental group says worker appeal for firing after reporting co-workers killing mountain lions will show whether new administration handles complaints differently (MSPB), 730; appointment end stayed while whistleblower claim pending (ALJ), 798
– Arbitration, bill barring municipal employers and workers from ending grievance pacts and fair share agreements signed, 704
– Case Notes, 954 – Compensatory and punitive damages, bill authorizing courts to award for employer bias signed, 703 – Madison, bus driver fired after inability to drive after high-risk pregnancy has no disability bias claim where IBT pact barred return (7th Cir.), 18 – Public Records Law, ratification of CBA barring public release of state worker data insufficient to amend Wis. law to bar releasing union membership data to newspaper (Wis.), 1008
– Credibility, no reason to second guess AJ findings that letter carrier properly fired where customer reported entering home, grabbing, and kissing on route (Fed. Cir.), 812
– Breastfeeding Promotion Act
– Pregnancy
– Age and sex bias, Navy civilian has no claim for reassignment or elimination of job (4th Cir.), 1190
– Age, national origin, and race bias, counselor has no claim for reassignment to computer teacher, comments not direct evidence (E.D. Mich.), 48 – BOP, evaluation of temporary assignments program needed, GAO report, 307 – Case Notes, 1165 – Free speech, Wis. sheriff's deputy reassigned after posting criticism of sheriff in union newsletter has no retaliation claim where acting with personal motives (7th Cir.), 1035 – National origin bias, Latina teacher reassigned to lower grade has no retaliation claim where no loss of pay or benefits (7th Cir.), 740 – Political patronage, Nev. school administrative assistant transferred after general counsel fired may pursue 1st Amend. claim (9th Cir.), In Brief, 717 – Race bias, African Am. officers get damages in accord with Minneapolis Police Dep't for systemic bias (D. Minn.), 496
– OPM, improving policies for agency staff among short term goals for new director, 637
– Flexible
– Overtime, Ind. state hospital workers required to work 40 hour workweeks when others had 37.5 workweeks at same pay get damages (Ind. Cir. Ct.), 895
– RMDs, TSP making processing changes for retirees over 70 after PPA amendment requiring suspended, 59
– Domestic Partner Benefits and Obligations Act
See specific states
– Contracting out, Alaska school district has no duty to participate in grievance over hiring contractor to do custodial work (Alaska), 568
See VIOLENCE
– State retirement system, independent audit approved, will transfer grants to schools to fund, In Brief, 618
Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
