Human Resources Report Index-Summary

AAA

See AMERICAN ARBITRATION ASSOCIATION (AAA)

ABA

ABORTION

– Reproductive services, rights of conscience

– – Conn. AG sues to block HHS rule barring bias against health care workers with religious or moral objections (D. Conn.), 65
– – OMB reviewing proposed regulation to rescind Bush-era rule, comments summarized, 235; rescission proposed due to opponents' concerns, comments sought, 259

ABSENCES FROM WORK

– Flexible workplace policies, impact on employee health, absences, costs discussed, 582
– Leave

See specific types of leave
– – FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

– – USERRA

See UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

– Reasons, survey, 1101

ABSENTEEISM

– H1N1 virus, staffing and productivity challenges facing employers, Analysis, 943

ACADEMIC INSTITUTIONS

See EDUCATIONAL INSTITUTIONS

ACCIDENTS

– Fatalities

See FATALITIES

– Injuries

See INJURIES AND ILLNESSES

– OSHA

See OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

– Workers' compensation

See WORKERS' COMPENSATION

ACCOMMODATION

– Disabilities

– – ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

– – Mental illness

– – – Bipolar, accommodation case examined (1st Cir.), WFS 7 (2/23/09)
– – – Difficult employees

See generally ATTITUDES OF EMPLOYEES

– – Rehabilitation Act

See REHABILITATION ACT

ACQUISITIONS

See MERGERS AND ACQUISITIONS

ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

ADAAA (ADA AMENDMENTS ACT)

See AMERICANS WITH DISABILITIES ACT (ADA)

ADEA

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

ADOPTION LEAVE

– FMLA interference and retaliation, violations (4th Cir.), 232; (U.S., rev den), 1075

ADVERTISING

– Employment ads

See HELP-WANTED ADVERTISEMENTS

– Richter7, “No Long Pants” policy effective, 848

AEROSPACE INDUSTRY

– Boeing

– – Layoffs, commercial airplanes unit, 2d quarter job cuts, In Brief, 40; 10,000 job cuts planned, 2009, 98
– – Sex bias, direct and circumstantial evidence sufficient to revive EEOC suit on behalf of 2 female engineers fired in RIF (9th Cir.), 465

– Cessna Aircraft, 2,000 job cuts planned for 2009 1st quarter, In Brief, 41; more job cuts, 684
– Northrup Grumman, tuition reimbursement plans, Case Study, WFS 25 (4/27/09)
– Pratt & Whitney, plant closings, IAM sues to halt shutdown (D. Conn.), In Brief, 1020

AFA

See FLIGHT ATTENDANTS (AFA)

AFL-CIO

– EFCA, Specter (D-Pa) says compromise reached without card check recognition but Trumka says no deal yet, 989
– Elections, Trumka elected to head, vows to reunify labor movement, reach out to youth, minorities, women, 990
– Meetings

See CONFERENCES AND MEETINGS

– Membership averaged 8.4 million, 2009 data summarized, convention report, 1060
– OSH Act reform, groups urge Kennedy (D-Mass) to reintroduce bill, 18
– President Sweeney plans Sept. retirement, endorses Trumka as successor, unification effects discussed, 386
– Young workers, labor agenda, new economy, Shuler outreach, 1143

AGE DISCRIMINATION

– Ed. Note: This heading covers state law. For cases involving ADEA or both state and ADEA claims, see AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA).
– Ala., pretext, voluntary quit question of fact for jury (S.D. Ala.), 885
– EU bans bias, but mandatory retirement allowed for “legitimate social policy” (E.C.J.), 277
– Ind., bias claims, maximum age limit raised, In Brief, 546
– Ky., last chance pact's prospective waiver of right to sue under state law invalid without arbitration option, retaliation claim revived (6th Cir.), 185
– Ohio, substantial evidence, $6M verdict upheld, but $10M punitives violate due process, remanded (6th Cir.), 296

AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Cash balance plans, Ledbetter Act applied to revive accrual rates challenge (D. Colo.), 943
– Early retirement waiver, no Ledbetter Act invalidation (11th Cir.), 1084
– Evidence

– – Application of “but-for” standard dooms FedEx couriers' case on remand from Supreme Court (S.D.N.Y.), 884
– – Indirect, use of McDonnell Douglas burden-shifting framework (1st Cir.), 1136
– – RIF, comments, statements suggest pretext (M.D. Fla.), 1137

– Failure to rehire claim revived for RIFd hospital tech, but not wrongful discharge (6th Cir.), 969
– Inconsistent reasons for firing insufficient to show pretext, sex bias claim proceeds (N.D. Okla.), 437
– Lilly Ledbetter Fair Pay Act

See LEGISLATION, FEDERAL, HR 11, S 181

– Mandatory arbitration, SEIU pact clause enforceable under NLRA, and ADEA allows (U.S., rvs, rem), 343; AFL-CIO attorney discusses adversarial impact, Conference Report, 416
– Mixed-motive jury instruction requires direct proof, executive's award reversed, new trial ordered (U.S., oral arg), 341; disparate treatment requires but-for causation, burden-shifting to employer rejected (rev, rem), 651; attorneys discuss impact of Gross on summary judgment analysis, other federal laws, Conference Report, 835
– Nurse verdict upheld, hospital's evasive, implausible reasons for firing combined with prima facie case sufficient to show bias (3d Cir.), 378
– Oilfield worker lawfully fired for viewing pornography, breach of computer policy, not bias (5th Cir.), 1025
– Paycheck Fairness Act

See LEGISLATION, FEDERAL, HR 12

– Popcorn plant shift leader fired for violating new zero-tolerance chemical hazard policy, no pretext, comparators shown (S.D. Ind.), 746
– Protecting Older Workers Against Discrimination Act

See LEGISLATION, FEDERAL, HR 3721, S 1756

– Rehiring policies

– – AT&T retirees, EEOC sues (S.D.N.Y.), 906
– – Disparate impact, $4.5M settles EEOC claims (E.D. Mo.), 992

– Remarks, age of “replacement” not proof that economic justification for layoff was pretext (6th Cir.), 156
– Retaliation

– – Ageist comments, attorney fired at age 51 for poor performance fails to show pretext (D.D.C.), 268
– – Shifting explanations infer pretext, claims revived for manager fired at 53 for refusing to fire others based on age (8th Cir.), 1053
– – Sleeping on job, fired foundry worker may sue for retaliation, but reduction of hours was lawful (N.D. Ind.), 551

– RFOA affirmative defense waiver not excused, RIFd employees' $4M class award reinstated (N.D.N.Y.), 543
– Safe harbor, coordinating utility's retiree health benefits with Medicare lawful (N.D.N.Y.), 439
– Shoe importer, executives must defend revived firing claims alleging biased influence, pretext (2d Cir.), 16
– Supreme Court docket overview, 2008-2009, 89
– Telecom sales consultant with “obsolete” skill set fired due to poor performance, not age, cat's paw theory rejected (7th Cir.), 855
– Waivers, EEOC issues guidance, burgeoning bias, benefits cases analyzed, 780

AGENCIES, FEDERAL

See specific agencies

AGENCIES, STATE

See specific states

AGENCY FEES

– Federal contractors, right not to join union, OLMS rescinds rule requiring employee notification, 346

AGRICULTURE

– Agro Distrib., ADA, deposition testimony proved suit groundless, EEOC must pay defendant's fees, costs (5th Cir.), 102
– AnimalFeeds Intl., antitrust, arbitration of class claims allowable even where not mentioned in shipping contract provisions (U.S., rev grant), 654

AIR LINE PILOTS (ALPA)

– Airline Flight Crew Tech. Corrections Act

See LEGISLATION, FEDERAL, S 1422

– Northwest Airlines, “target date” pension plan not age-biased under ERISA, ADEA (D. Minn.), 133

AIR TRANSPORTATION

– Airline Flight Crew Tech. Corrections Act

See LEGISLATION, FEDERAL, HR 912

– Alaska Airlines, FLSA, flight attendant trainees not entitled to pay during in-flight program (W.D. Wash.), 244
– Am. Airlines, hiring and pay freeze for management and support staff, In Brief, 374
– Avantair, USERRA retaliation, rescission of offer to rehire flight dispatcher valid basis for Navy reservist's claim (M.D. Fla.), 693
– Business or company pilots, FLSA “position of non-enforcement” reaffirmed, Wage and Hour Op. Letter, 291
– Continental Airlines, job cuts, In Brief, 797
– Delta Air Lines, over 2,100 workers accept voluntary buyout offer, In Brief, 181
– Drug testing, return-to-work and follow-up, DOT observed urination rule for safety-sensitive jobs upheld (D.C. Cir.), 553; direct observation requirement reinstated, 821
– Mandatory retirement, FAA releases final rule raising pilot age limit, In Brief, 768
– Northwest Airlines, “target date” pension plan not age-biased under ERISA, ADEA (D. Minn.), 133
– Southwest Airlines, ADA, FMLA, flight instructor with sleep apnea not qualified, failed to show pretext, retaliation (U.S., rev den), 429

ALABAMA

– Jury duty firing, state law claim revived, factual dispute on call-in efforts precludes summary judgment (11th Cir.), 944

ALASKA

– USERRA, jurisdiction, statutory scope (U.S., rev den), 369

ALCOHOL

– Testing

See DRUG AND ALCOHOL TESTING

ALIENS

– Discrimination

See NATIONAL ORIGIN DISCRIMINATION

– Documentation

See UNDOCUMENTED WORKERS

– Federal enforcement, ICE

See IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

– Federal services

See CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)

– Immigration

See IMMIGRATION

– Visas

See VISAS

ALPA

See AIR LINE PILOTS (ALPA)

AMERICAN ARBITRATION ASSOCIATION (AAA)

– Mandatory arbitration, fee-sharing clause not superseded by AAA rules requiring employer payment, void and unenforceable (N.Y. Sup. Ct. App. Div.), 525
– Rapid Resolve program developing, In Brief, 571

AMERICAN BAR ASSOCIATION (ABA)

– Health insurance reform, tax consequences, ABA sections caution against changes to employer-sponsored system, white paper examines risks, 491
– Meetings

See CONFERENCES AND MEETINGS

AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– COBRA subsidies

See CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)

– DOL budget request, FY2010, overview, 488
– Infrastructure, CRS reports on job creation estimates, explains model limitations, lack of data for green jobs sector, 861
– OFCCP

– – Compliance evaluations distinguished from standard evaluations, pre-award clearance evaluations explained, 1003
– – Forum, top attorneys discuss effects of Ricci, ADA amendments on federal contractors, 1032

– OSHA, hiring requirements, FY2009 budget poses rare challenge for agency, summary, 690
– Stimulus data

– – Initial report, job creation, 1142
– – Unemployment rates, stimulus effects, GOP views, 1087

AMERICANS WITH DISABILITIES ACT (ADA)

– Accommodation

– – Bipolar disorder, continuing violation rejected, but claim timely, jury award topping $500K upheld for failure to accommodate (1st Cir.), 129
– – Degenerative disease, claim over denial of voice recognition software proceeds, but not retaliation (E.D. La.), 436
– – Eating, claim revived for diabetic metallurgist assigned to out-of-town project (9th Cir.), 212
– – Interactive process where no accommodation exists (2d Cir.), 1084
– – Nonsedentary jobs, teacher's aide claim remanded for burden-shifting analysis, revived (11th Cir.), 45
– – Seasonal affective disorder, claim revived (7th Cir.), 1083

– ADAAA

– – EEOC notice cited, WFS 6 (2/23/09)
– – HR Outlook, 2009, 33
– – Impact on workplace, WFS 21 (2/23/09)
– – Implementation, EEOC proposed rule, Q&A, 1131
– – OFCCP ARRA forum, top attorneys discuss effects of amendments on federal contractors, 1032
– – Prospective application, influence on interpretation (N.D. Ind.), 1109
– – Regulations, EEOC working to produce proposed rules, officials tell ABA, retroactivity unlikely, 415; proposed rule approved, sent to OMB for review, 652; conflict with congressional intent possible, NELI speakers urge changes, 781; commission approves, issues Q&A document, changes summarized, 988; comments sought on proposed rules and interpretive guidance, 1015

– Alcoholic manager fired after inpatient treatment program may sue under FMLA, but not ADA (10th Cir.), 160
– Anniversary, Obama, Solis mark 19 years in White House ceremony, 823
– Association bias claim rejected, FMLA claim valid (3d Cir.), 1018
– Cancer survivor, hospital pays $100K to settle EEOC's accommodation, firing claims (W.D. Pa.), 517
– Essential job functions

– – Driving, account manager taking prescription drugs lawfully forbidden to operate vehicle (D. Utah), 605
– – Emergency response training essential for prison staff, no accommodation required (10th Cir.), 997
– – Hearing-impairment, UPS driver applicants' class claims settled (N.D. Cal.), 653
– – Performance impossible with or without accommodation and return date uncertain, manager properly fired (8th Cir.), 403
– – Retirees not qualified to perform tasks lack standing to sue over pension cuts under Title I, ERISA proper vehicle (U.S., rev den), 709
– – Sleep apnea, airline flight instructor not qualified, failed to show pretext, retaliation (U.S., rev den), 429

– Evidence, admission of note reflecting settlement position was harmless error, verdict against quadriplegic claimant, EEOC affirmed (8th Cir.), 324
– GINA, EEOC seeks comments on proposal to add references to existing ADA rules, 545
– H1N1 virus, compliance with

See generally H1N1 VIRUS

– Hearing aid ban for court security officers lawful under business-necessity defense (11th Cir.), 241
– Hearing-impaired city worker fired after informal complaint, retaliation, due process claims revived (7th Cir.), 856
– Inability to sweat no disability, deposition testimony proved suit frivolous, EEOC must pay defendant's fees, costs (5th Cir.), 102
– Lilly Ledbetter Fair Pay Act

See LEGISLATION, FEDERAL, HR 11, S 181

– Major life activities

– – Driving excluded

– – – County nurse who resigned due to anxiety after car accident lacks ADA, Title VII claims (7th Cir.), 427
– – – Unqualified activity even in rural area, improper jury instruction triggers reversal, remand (U.S., rev den), 369

– – Sleeping, thinking, self-care, chronic fatigue syndrome, EEOC pretext, accommodation claims revived (5th Cir.), 632

– Mandatory arbitration clause, deposit fee upheld (6th Cir.), 579
– Medical examinations

– – Health insurance eligibility, county's Clinical Health Risk Assessment likely violates ADA, EEOC Op. Letter, 487
– – Physical capacity test after knee replacement was unlawful, claim revived (9th Cir.), 1052
– – Reimbursement plan requiring health risk assessment, EEOC Op. Letter, 1101

– On account of disability, physician fired after stalking co-worker has no bias, pretext claim (S.D.N.Y.), 103
– Perceived disability

See Regarded as disabled, this heading

– Pregnancy no disability under law, female welder's accommodation claim rejected (W.D. Ky.), 523
– Promotions, truck driver with prosthetic leg failed to show prima facie case (7th Cir.), 72
– Regarded as disabled

– – Damages, RIFd supervisor lawfully awarded additional amount for taxes on lump-sum back pay, “make-whole” remedy upheld (3d Cir.), 156
– – Epilepsy, machine tools salesman fired within one year of diagnosis, $475K verdict affirmed (8th Cir.), 577
– – Interacting with others, county hospital lawfully fired doctor who threatened to kill co-workers, employer's honest belief sufficient (7th Cir.), 688
– – Pre-2009 claim evaluated under pre-ADAAA law (N.D. Ind.), 1109
– – PTSD, military veteran's firing claim improperly dismissed where personnel records, treatment indicated bias, revived (3d Cir.), 409
– – School administrator claim rejected (6th Cir.), 745
– – Seizures direct threat, not substantial limitation, grain elevator worker has no claim (E.D. Mich.), 129
– – Standing major life activity (W.D. La.), 1109

– Registration as sex offender not a disability, wrongful firing claim rejected (S.D. Tex.), 494
– Retrospective damages properly denied, claimant not disabled under pre-ADAAA standards, and ADAAA not retroactive (D.C. Cir.), 829
– Sex plus height bias, short female firefighter fails to show bias, harassment in repeated driving and fitness-for-duty evaluations (7th Cir.), 941
– Voice disorder, unattainable production quota, failure to rehire bank employee suggest RIF was pretext, claim revived (8th Cir.), 296
– Workers' compensation leave policy, $6.2M, changes settle EEOC accommodation claims against retailer (N.D. Ill.), 1046

ANALYSIS AND PERSPECTIVE

– ADEA, OWBPA, EEOC issues guidance on waivers, burgeoning bias, benefits cases discussed, 780
– Captive insurance, creation of wholly owned subsidiary firms as vehicle for funding retiree health benefits, attorneys weigh pros and cons, 668
– Economic rebound mostly consumer-driven, labor, housing woes slow spending, economists explain, 976
– EFCA, businesses, unions continue battle over passage in Congress, 444
– Financial crisis, recession to extend through mid-2009, slow recovery to follow, BNA survey, 53
– Health care reform, employer requirements, group health plan changes, pros and cons under Senate HELP bill discussed, 920
– Healthy San Francisco, employers adapting to city's pay-or-play rules, costs and benefits discussed, 558
– Layoff alternatives could help employers survive, thrive, analysts say, 193
– Pay equity, Wal-Mart, attorneys clash over class certification for over 1 million claimants, individual mini-trials (9th Cir., en banc), 332
– Same-sex marriage, state law developments may affect employer policies, attorneys discuss impact on benefits, taxes, 472
– Severance benefits, cost, legal, morale concerns impact decisions, 502
– Smoking, tobacco cessation, health care costs, 1143
– Stimulus will boost economy as year progresses, analysts say, 613

ANNUAL LEAVE

– Employee benefits, 2009, BLS report, 825
– FLSA, landscaper fired after filing wage/benefit form with state DOL has viable retaliation claim (D. Vt.), 831
– Paid Vacation Act

See LEGISLATION, FEDERAL, HR 2564

– Vacation time

– – Economic crisis, one-third of workers not planning time away, survey, 597
– – EU court rules employees on extended sick leave must be paid for accumulated annual leave (E.C.R.), 137
– – Italian workers may sue to recoup payment for unused leave under new rules, 138

ANTITRUST

– Arbitration of class claims allowable even where not mentioned in shipping contract provisions (U.S., rev grant), 654

APPAREL AND GARMENT INDUSTRY

– American Recovery and Reinvestment Act

See LEGISLATION, FEDERAL, HR 1

– Cintas

– – DPPA, UNITE HERE unlawfully accessed motor vehicle records to obtain workers' home addresses for organizing drive (U.S., rev den), 316
– – Overtime, drivers, negotiations underway on terms of $22.75M nationwide settlement (N.D. Cal., 9th Cir.), 906

– Gap, identity theft, job applicant's data stolen from vendor laptop has claim for theft risk, but not Cal. negligence claim (N.D. Cal.), 383; overview, Analysis, 565
– Great Rose Fashion, Silver Fashion, Spring Fashion, Great Wall, pieceworkers fired after filing N.Y., FLSA wage claims have standing to sue, but plant closure precludes reinstatement (E.D.N.Y.), 636
– MGS 728 Lex, age bias, shoe importer, executives must defend revived firing claims alleging biased influence, pretext (2d Cir.), 16

APPEARANCE STANDARDS

See DRESS CODES AND GROOMING

APPLICANTS

– Identity theft, data stolen from vendor laptop, claim for ID theft risk allowed, but not Cal. negligence claim (N.D. Cal.), 383; overview, Analysis, 565
– Resume mistakes may disqualify job candidates, survey, 794

APPRENTICES

– Middle-skill jobs report finds demand will stay robust relative to supply, summary, 246
– Veteran internships bill

See LEGISLATION, FEDERAL, HR 1098

ARBITRATION

– Employee Free Choice Act (EFCA)

See LEGISLATION, FEDERAL, HR 1409, S 560

– Mandatory

See MANDATORY ARBITRATION

– Neb., arbitrator's reinstatement of state trooper fired for joining Ku Klux Klan offends public policy against race bias, vacated (U.S., rev den), 682
– Supreme Court docket overview, 2008-2009, 89

ARIZONA

– Card check authorization, 2010 ballot initiative seeks to preempt EFCA, 852
– Firearms, storage in locked vehicles on workplace lots, In Brief, 1079
– Legal Arizona Workers Act lawfully mandates E-Verify use, coalition bid for rehearing denied (9th Cir.), 260
– Unemployment insurance, DOL extends benefit period, 879

ARMED SERVICES

– USERRA

See UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

– Veterans

See VETERANS

ARRA

– COBRA subsidies

See CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)

ASSISTED LIVING

– Silver Oak Senior Living Mgmt., ADEA, retaliation, shifting explanations infer pretext, manager's firing claims revived (8th Cir.), 1053

ATTITUDES OF EMPLOYEES

– Complaints about co-workers, list, survey, 876
– Difficult employees

– – Abusive supervision, scapegoating may increase during difficult economy, WFS 13 (2/23/09)
– – Accommodation, case examined (1st Cir.), WFS 7 (2/23/09)
– – ADA Amendments Act, EEOC notice, WFS 6 (2/23/09)
– – Bullies, 13 states proposed legislation, WFS 15 (2/23/09)
– – Coaching, six stages cited, WFS 20 (2/23/09)
– – Communication, establishing authentic rapport advised, WFS 12 (2/23/09)
– – Coping, common mistakes highlighted, WFS 8 (2/23/09)
– – Disruptive behavior, 12 trouble areas identified, WFS 9 (2/23/09)
– – Economic crisis, cave man behavior elicited in difficult times, WFS 11 (2/23/09)
– – Proactive approach in creating productive workplace discussed, WFS 19 (2/23/09)
– – Termination for spreading rumors, legality, case cited, WFS 18 (2/23/09)
– – Undesirable workplace attributes, survey lists, 177; WFS 16 (2/23/09)

– Dogs-at-work, book discusses cost-effectiveness and impact on morale and productivity, 8
– Electronic multitasking at meetings, corporate culture and peer behavior influence employee behavior, study, 738
– Job security

– – Open door policy, managers advised to adopt to relieve concerns, survey, 260
– – Recession, workers' perceptions altered by economic downturn, attitudes vary with age of workers, survey, 694

– Managers, competency levels, impact on subordinates, studies, 1128
– March Madness, impact on workplace, survey, 288
– Meaningful work valued by most employees worldwide over pay and recognition, international workplace survey, 233
– Politics, letting workers watch Obama inauguration boosts morale, 37
– Problem-solving teams, impact of newcomer, study, 344
– Single workers believe married colleagues favored by firms, survey, 204
– Workplace Watch, 2009 1st quarter, survey, 611

ATTORNEYS

– Akin Gump Strauss Hauer & Feld, ADEA, attorney fired at age 51 for poor performance fails to show pretext, retaliation (D.D.C.), 268
– Attorney-client privilege

See PRIVILEGE

– Dickie, McCamey & Chicolte, notice, consent lacking, law firm shareholder who never received mandatory agreement not required under Pa. law to arbitrate bias claims (3d Cir.), 355
– Fees

See ATTORNEYS' FEES

– Job growth in legal services outpaced law offices, 2002-2007, legal aid offices decline, census data, 612
– Retaliation

– – Los Angeles city worker's $1.5M award overturned where city's evidence plausible, pretext claim unsupported (U.S., rev den), 682
– – SOX claims revived for in-house attorneys fired after identifying potential fraud on shareholders (9th Cir.), 917

ATTORNEYS' FEES

– Frivolous claim, deposition testimony proved ADA suit groundless, EEOC must pay defendant's fees, costs (5th Cir.), 102
– U.S. Supreme Court docket, 2009-2010 term, Special Report, 1087

AUSTRALIA

– Telecommunications, interception bill, 1145

AUTOMOTIVE INDUSTRY

– Acument Global Techs., FMLA, sex bias, retaliation, fired auto parts manager lacks jury issues for claims (E.D. Mich.), 499
– CB Squared Servs., EPPA allows no waiver of right to sue, arbitration pact no bar to statutory discharge claim (E.D. Va.), 161; manager demoted after failing polygraph may proceed with firing claim, 635
– Daimler Trucks NA, Or. plant closure averted, In Brief, 1048
– Ford Motor, sex bias, waiver of claims in buyout was knowing, voluntary release encompassing existing bias claims (7th Cir.), 411
– GM

– – ADA, disabled retirees not qualified to perform essential job duties lack standing to sue over pension cuts under Title I, ERISA proper vehicle (U.S., rev den), 709
– – Assembly plants, 2,400 hourly workers recalled in 2010, In Brief, 1020
– – Buyouts accepted by 6,000, restructuring progress discussed, In Brief, 852
– – Cash for Clunkers demand triggers production boost, plan to call back laid-off workers, increase overtime, 908
– – Dealers closing, 60,000 job losses, bankruptcy scheme discussed, In Brief, 546
– – Hourly workforce cuts, plant closures, In Brief, 459
– – New United Motors Mfg., Cal., GM-Toyota joint venture to close, In Brief, 936
– – Production idled at 13 plants, In Brief, 432
– – Salaried workforce reductions, 2009, In Brief, 152

– Harley-Davidson, layoffs and temporary plant closings, In Brief, 797
– Hyundai Motor Mfg., USERRA, harassment, National Guard member ineligible for remedies lacks standing to sue (M.D. Ala.), 384
– Inter-Indus. Conf. on Auto Collision Repair (I-CAR), FMLA, retaliatory firing (N.D. Ill.), 132
– Japan, economic crisis, automakers threaten to offshore operations if yen remains at current appreciated levels, 166
– Lear, FMLA, requests incomplete, reliance on one remark unreasonable, worker mistaken about leave approval properly fired for absenteeism (8th Cir.), 188
– LoJack, technician's FLSA, Cal. claims for time commuting in company car, preliminary activities rejected, but postliminary claims viable (9th Cir.), 945
– TARP, executive pay limits set by Obama for firms receiving aid, 121
– Temporary Economic Recovery Adjustment Panel

See LEGISLATION, FEDERAL, S 431

– Toyota, New United Motors Mfg., Cal. GM joint venture to close, In Brief, 936
– Varsity Ford Mgmt. Servs., ADA, race bias, mandatory arbitration clause requiring deposit fee upheld (6th Cir.), 579
– Visteon, ERISA, interference claim dismissed where former Ford transferees sought compensatory damages for lost benefits, not equitable relief (E.D. Mich.), 468
– Volvo Group N. Am., ERISA, LMRA, right to modify retiree health benefits, retirees' bid for preliminary injunction denied (W.D. Va.), 356

AVIAN INFLUENZA

– Poultry industry, standard personal protective equipment can protect workers, study, 19

AVIATION INVESTMENT AND REFORM ACT (AIR 21)

– CJ Sys. Aviation Grp., Miami Valley Hosp., air ambulance helicopter pilot unlawfully fired for safety complaints to supervisor, FAA (DOL ARB), 777

AWARDS

– Good Faith Initiative for Veterans Employment (G-FIVE) award, OFCCP recognizes recipients, In Brief, 40
– Sexual orientation, corporate equality index, HRC Found. awards 305 firms for treatment of LGBT employees, 1030