Human Resources Report Index-Summary

BACK PAY

– Time spent donning and doffing, FLSA, DOL probe triggers $5.1M in wages, 67

BACKGROUND CHECKS

– ADA, registration as sex offender not a disability, wrongful firing claim rejected (S.D. Tex.), 494
– Race bias, EEOC weighs guidance on use of criminal records, credit histories in employment decisions, 413

BAKERY WORKERS (BCTGM)

– Nabisco, ERISA, DOL hour of service rule disregarded in calculation of post-1975 layoff benefits, claim advances (E.D. Pa.), 1002

BANKRUPTCY

– Castaways Hotel, FLSA, due upon discharge, bankruptcy dooms state law wage claim against managers, but federal claim revived (9th Cir.), 859
– Child support, garnishment, WFS 16 (7/27/09)
– Circuit City

– – PBGC takeover announced, 570
– – U.S. operations, approval to liquidate sought (Bankr. E.D. Va.), In Brief, 68

– Halpin Mech. & Elec., contributions owed to multiemployer plans not “assets” triggering ERISA fiduciary status, but debts dischargeable in bankruptcy (2d Cir.), 527
– Lehman Bros. Holdings, PBGC takes over underfunded pension plan, In Brief, 684
– Proof of claim, unpaid retiree health benefits, priority claim status requires service to employer within 180 days prior to Chapter 11 filing (9th Cir.), 527

BANKS

See FINANCIAL INSTITUTIONS

BARGAINING UNITS

– Consolidation, post-merger decision to move IBEW unit into larger CWA unit was “core business decision” exempt from NLRA bargaining duty (9th Cir.), 469

BCTGM

See BAKERY WORKERS (BCTGM)

BECK RIGHTS

– Federal contractors, OLMS rescinds rule requiring notice of employees' right not to join union, 346

BENEFITS

See EMPLOYEE BENEFITS

BEVERAGE INDUSTRY

– Swire Coca-Cola USA, ADA, accounts manager lawfully forbidden to drive while taking prescription drugs (D. Utah), 605

BLS

See LABOR STATISTICS BUREAU (BLS)

BONUSES

– Executives, payouts declined, 2007-2008, survey, 405
– FLSA, deductions from base pay to reclaim bonuses already paid affects salary basis, overtime-exempt status (6th Cir.), 553
– Overtime premiums due on performance-related bonuses, $747.7K settles FLSA violations, DOL probe, 823
– Supplemental pay, share of compensation depends on industry, BLS analysis, 376
– Wages, merchandise, 401(k) additions, 1 million Wal-Mart workers get $2B in awards, watchdog group responds, 320

BREAKS, MEAL AND REST

– Del Monte, compensation of minimum wage workers (Or. Cir. Ct.), 1114
– FedEx

– – Package and nonpackage handlers, $8.12M settlement consolidates, resolves 2 class actions (N.D. Cal.), 66
– – Subclasses of drivers certified for class actions but three stayed (N.D. Cal.), 458
– – Unpaid gap periods, class certification denied to workers, individual issues predominate (11th Cir.), 887

– Muslim prayer breaks, religious bias

– – Beliefs varied, accommodation requests lack commonality, class certification denied (D. Minn.), 689
– – Settlement approved in EEOC lawsuit against poultry processor (D. Minn.), 347

– Tyson Foods, meat workers' collective FLSA, state claims advance (D. Kan.), 208
– Wal-Mart, federal and state suits, payment up to $640M settles 63 pending cases, 8; Minn. class action settled, civil penalty approved (Minn. Dist. Ct.), 626; Wash., Seattle court gives final approval to $35M settlement, 793

BROADCASTING INDUSTRY

– Renda Broad., inconsistent reasons for station manager's firing insufficient to show pretext for ADEA claim, but sex bias claim proceeds (N.D. Okla), 437

BUDGET, U.S.

See also specific agencies and departments
– FY2009, omnibus spending bill

See LEGISLATION, FEDERAL, HR 1105

– FY2010, Obama releases outline, summary, 207

BUILDING SERVICES

– Am. Bldg. Maint. Indus., sexual harassment, hostile environment claims revived, parent company may be sued as “integrated enterprise” (8th Cir.), 940
– Community Dev., religious harassment, property manager's claim revived where hostile environment claim improperly treated as constructive discharge (8th Cir.), 856
– Executive Mgmt. Servs., retaliation, fired janitor's consensual sex with supervisor discontinued due to recent marriage, verdict properly reversed (U.S., rev den), 205
– Horizon Inv. Mgmt., retaliation, executive fired during FMLA leave raises jury issue, but religious bias rejected (10th Cir.), 915

BURDEN OF PROOF

– ADEA, 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

BUREAU OF

See specific bureaus

BUS TRANSPORTATION

– Am. Coach Lines of Miami, overtime, airport-to-seaport trips interstate travel, bus drivers subject to FLSA motor carrier exemption (11th Cir.), 860

BUSINESS TRAVEL

– Expenses

See TRAVEL AND TRANSPORTATION EXPENSES