Human Resources Report Index-Summary

CABLE AND SATELLITE SERVICES

– Ironwood Commc'ns, installer can proceed with workers' comp retaliation, appealed closure, re-employment claim dismissed (D. Or.), 555
– Time Warner Cable, job cuts, In Brief, 152

CALIFORNIA

– Airborne, zoonotics disease rules approved by Cal/OSHA, SEIU urges federal OSHA to emulate, 578; employers struggling to meet compliance deadline, 803
– Commuting time in company car, LoJack, preliminary activities not compensable, but postliminary activities claim viable (9th Cir.), 945
– Disability bias, UPS, hearing-impaired driver applicants' class claims settled (N.D. Cal.), 653
– E-Verify bill vetoed, 1105
– Electronic monitoring, hidden camera in office was privacy intrusion, but employer had legitimate reasons, tort liability rejected (Cal.), 858
– FEHA, retaliation, Los Angeles city attorney's $1.5M award overturned where city's evidence plausible, pretext claim unsupported (U.S., rev den), 682
– Health care, San Francisco fair share ordinance not governed by or related to ERISA, no preemption, en banc review denied (9th Cir.), 262; application filed for emergency stay, U.S. Supreme Court urged to block pay-or-play law, 315; stay application denied (U.S.), 345; employers adapting to pay-or-play rules, costs and benefits analyzed, 558; city urges denial of review (U.S., opp brief filed), 933; ERISA pre-emption (U.S., brief invited), 1075
– Labor legislation, 2008, DOL reports, 145
– Minimum wage, plaintiffs using pseudonym “4 Exotic Dancers” must reveal names to sue under FLSA, Cal. law (C.D. Cal.), 148
– Overtime

– – Hallmark employees' consolidated class actions settled for $5.6M, preliminarily approved (C.D. Cal.), 568
– – Pac. Gas & Elec., $17.25M settles state law class action (Cal. Super. Ct.), 851
– – Pharmaceutical salespersons

– – – Exemption under FLSA, Cal., N.Y. laws (S.D.N.Y.), 76
– – – “Selling,” “obtaining orders” not defined, question certified to high court whether sales reps subject to outside sales or administrative exemption (9th Cir.), 497

– Pay equity bill vetoed, 1105
– Pregnancy bias, delivery driver fired after notifying employer, award upheld (Cal. Ct. App.), 459
– Privacy, reasonable expectation, auditing text messages on police sergeant's department-issued pager 4th Amend., Cal. violation, rehearing denied (9th Cir.), 132
– Same-sex marriage, employers grappling with spousal benefits for 18,000 unions predating Prop. 8 ban, policy experts explore pitfalls, offer guidance, Appendix C, WFS 28 (6/29/09)
– Sexual harassment, retaliation, reduction of punitive damages (U.S., rev den), 1077
– Tip pooling among Starbucks baristas, shift supervisors, and “shift leads” lawful, $105M restitution order reversed, appeal planned (Cal. Ct. App.), 597; award overturned on appeal, upheld (Cal.), 991
– Workers' compensation, nonresidents, overtime, labor code ruling withdrawn (9th Cir.), 178
– Wrongful discharge, misclassified sales rep fired for complaints about short commissions was employee under Cal. law, jury awards $8.4M (Cal. Super. Ct.), 767

CALIFORNIA NURSES (CNA)

– CNA/NNOC

See NATIONAL NURSES ORGANIZING COMMITTEE (CNA/NNOC)

– H1N1 virus

– – Hospitals ill-prepared to protect nurses, CNA survey, 914
– – Vaccination, mandatory policy opposed, voluntary shots urged, 1097

CANADA

– Employment and unemployment rates, StatCan report, Jan., 2009, 164
– Representation, Starbucks Workers Union expects certification for Quebec City outlet, 809

CARD CHECKS

See RECOGNITION OF UNIONS

CARS

– Manufacturing and sales

See AUTOMOTIVE INDUSTRY

CASH BALANCE PLANS

– ADEA, Ledbetter Act applied to revive accrual rates challenge (D. Colo.), 943
– ERISA

– – AK Steel, failure to use whipsaw calculation was statutory violation, but $46M remedy based on civil enforcement provision upheld (U.S., rev den), 37
– – CIGNA, conversion, notice deficiencies, “wear away” effects, remedies (2d Cir.), 1112
– – Citigroup, fractional test, minimum accruals, computation, backloading (2d Cir.), 1140
– – Class actions, increased litigation presents myriad certification issues, attorneys debate current legal arguments, 1033
– – Duke Energy, whipsaw, interest claims certified as class actions, but not fiduciary breach (D.S.C.), 973
– – Exelon, whipsaw calculation properly omitted, plan lawfully defines “normal retirement age” by years of vested service rather than specific age (7th Cir.), 749
– – Foot Locker, fiduciary breach claim viable for participant misled about impact of cash balance conversion, age bias rejected (S.D.N.Y.), 1027
– – J.P. Morgan Chase, ex-employee who took full payout has standing to sue for notice deficiencies regarding conversion impact (S.D.N.Y.), 50

– Instability, trends affecting largest corporate plans identified, GAO survey report, 349
– Low inflation may lower 2010 contribution limits, report, 938

CASINOS

See also generally GAMBLING AND GAMING
– Aladdin Resort & Casino, sex bias, retaliation claims revived for sales manager mistreated, fired after becoming stepmother (9th Cir.), 522
– TYAD d/b/a Playground Lounge & Casino, minimum wage, exotic dancers misclassified as independent contractors owed back pay, fees, penalties (Mont.), 568

CENSUS BUREAU

– Health insurance coverage varies by age, employment status, demographic analysis, 1022

CENTERS FOR DISEASE CONTROL AND PREVENTION

– H1N1 virus (Swine Flu)

See generally INFLUENZA

CHAMBER OF COMMERCE, U.S.

– Economic outlook, Chamber economist predicts modest recovery by close of 2009, cites risk of double-dip recession, 723
– Economy, jobs, views on pending health care, labor, immigration bills discussed by officials, 975
– EFCA, employer coercion, report, 1115
– Employee benefits, economic slowdown triggered cutbacks, 2008 Chamber report, 350
– Ergonomics, OSHA rulemaking, strategy to discredit science, 1138
– Federal contractors

– – E-Verify, rule mandating use

See EMPLOYMENT ELIGIBILITY VERIFICATION

– – Posting notices, NLRA employee rights, analysis of comments on proposed DOL rule, 1069

– Pay equity, Chamber decries removal of DOL-commissioned wage gap study from Internet, files FOIA request, 135
– Pension funding deficits, employer obligations in recession, Chamber seeks relief from Congress, others oppose freezing, plan termination, Conference Report, 334
– Phased retirement, retiree health care, benefit proposals released, intent to work with policymakers, summary, 769

CHANGE TO WIN (CTW)

– OSH Act reform, groups urge Kennedy (D-Mass) to reintroduce bill, 18

CHEMICAL INDUSTRY

– Chevron Phillips Chem., ADA, chronic fatigue syndrome, EEOC pretext, accommodation claims revived (5th Cir.), 632
– Dow Chem., race bias, Asian-American employee fired for poor performance failed to show pretext, retaliation (6th Cir.), 1025
– DuPont, ERISA, beneficiary disputes, barring waiver under valid QDRO, “plan documents” rule governs outcome, benefits properly paid to ex-wife (U.S.), 95
– GB Bioscience, race bias, former temporary worker repeatedly denied permanent job fails to show pretext (5th Cir.), 17
– Globally Harmonized Sys. of Classification and Labeling of Chemicals, OSHA sends rule for OMB review, In Brief, 572; rule to align with GHS proposed, 1054
– OSHA chemical process safety rule, revision after Congressional request, accident report, 1026
– Pharmaceuticals

See PHARMACEUTICAL INDUSTRY

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD (CSB)

– Combustible Dust Explosion and Fire Prevention Act

See LEGISLATION, FEDERAL, HR 849

– OSHA chemical process safety rule, revision after Congressional request, accident report, 1026

CHILD CARE

– Balancing Act

See LEGISLATION, FEDERAL, HR 3047

– Flexible work arrangements can benefit employers, aid low-wage and middle-income workers, speakers explain, 751
– Unionization has positive impact on family-friendly policies, report, 807
– Workplace flexibility can help employers weather recession, witnesses tell Joint Economic Committee, public policy should encourage, 833

CHILD LABOR

– State labor legislation, 2008, DOL reports, 145

CHILD SUPPORT

– Garnishment

– – Bankruptcy, WFS 16 (7/27/09)
– – Business closures and mergers, WFS 16 (7/27/09)
– – Priority, WFS 13 (7/27/09)
– – Terminations, WFS 16 (7/27/09)

– State withholding requirements, WFS 20 (7/27/09)

CHINA

– Economic crisis

– – Business prospects, U.S. firms, report, 1145
– – Growth slowed in 4th quarter 2008, BLS data, 138
– – Migrant workers, 20 million job losses due to slow international demand for products, 165

– National labor contract law falling by wayside amid global financial crisis, lax enforcement cited, 221
– Pre-employment testing, hepatitis B screening, 1145

CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)

– Appointments and personnel changes, director, Mayorkas nominated, In Brief, 460; clear mission statement needed, Mayorkas tells Senate judiciary panel hearing, 724; Senate confirms, 880
– Employment eligibility verification

– – E-Verify program

See EMPLOYMENT ELIGIBILITY VERIFICATION

– – I-9 form

See I-9 FORMS

– Illegal immigrants taking jobs that could be filled by native-born workers, USCIS reports, rights group disagrees, 218
– Modernization, agency prepping for possible immigration overhaul, E-Verify mandate, Office of Public Engagement launched for outreach, 1003
– Ombudsman 2009 annual report to Congress cites areas agency needs improvement, summary, 738
– Religious perspectives on immigration, panel discussion, 1143
– Visa programs, certification

See VISAS

CIVIL RIGHTS ACT OF 1871

– Witness intimidation, whistleblower fired for refusing to recant illegal hiring allegations, motion to compel upheld (U.S., rev grant), 96

CLASS ACTIONS

– ADA, UPS, hearing-impaired driver applicants' claims settled (N.D. Cal.), 653
– ADEA, KAPL, RFOA affirmative defense waiver not excused, RIFd employees' $4M award reinstated (N.D.N.Y.), 543
– Commissions, T-Mobile, certification in sales rep's charge-back claim was abuse of discretion, overturned (11th Cir.), 401
– DPPA, UNITE HERE unlawfully accessed motor vehicle records to obtain workers' home addresses for organizing drive (U.S., rev den), 316
– ERISA, fiduciary breach

– – Duke Energy Retirement Cash Balance Plan, ERISA whipsaw, interest claims certified as class actions, but breach rejected (D.S.C.), 973
– – GE, stock drop class action, $40.15M settlement approved (N.D.N.Y.), 878
– – Huntington Bancshares, retention of stock investment option during subprime crisis no breach (S.D. Ohio), 150
– – Litigation, increase presents myriad certification issues, attorneys debate current legal arguments, 1033
– – Merck, stock drop, prudence claim certified, but not disclosure (D.N.J.), 150
– – Merrill Lynch settles SEC suits over losses from subprime mortgage-backed investments (S.D.N.Y.), 66; settlement preliminarily approved, 373
– – Pilgrim's Pride, stock drop suit alleges millions lost (E.D. Tex.), 75
– – Tyco Intl., poor investment options, $70.5M settles stock-drop class action (D.N.H.), 879; preliminary approval, 960

– FAA, arbitration of claims allowable even where not mentioned in contract (U.S., rev grant), 654
– FedEx

– – Independent contractor misclassifications

See INDEPENDENT CONTRACTORS

– – Wage and hour suits

See BREAKS, MEAL AND REST

– FLSA

– – Hotel not required to pay recruitment, travel, visa expenses of temporary H-2B guest workers hired after Katrina (5th Cir.), 188
– – Minimum wage, overtime, Casey's Gen. Stores, $11.7M settles assistant managers', cooks', cashiers' claims (S.D. Iowa), 516
– – Overtime

See OVERTIME

– National origin bias, Hispanic grocery workers' bid for class certification on pay bias claims revived (U.S., rev den), 96
– Off-the-clock work

See OFF-THE-CLOCK WORK

– Race bias

– – Eastman Kodak, pattern and practice, $21.4M settles consolidated lawsuits, preliminarily approved, 795
– – Wal-Mart, black truck drivers settle hiring suit for $17.5M (E.D. Ark.), 205

– Religious bias, Muslim workers' varied prayer beliefs, accommodation requests lack commonality, certification denied (D. Minn.), 689
– RICO, hiring illegal workers to depress wages of legal workers

– – Mohawk Indus., denial of certification overturned on appeal, remanded (11th Cir.), 571
– – SK Foods, class certified (E.D. Cal.), 581

– Sex bias

See SEX DISCRIMINATION

– Tip pooling, waiters, bus staff, bartenders seek final approval of $2.5M settlement (S.D.N.Y.), 149
– U.S. Supreme Court docket, 2009-2010 term, Special Report, 1087
– WARN Act, “faltering business” defense rejected, trucking firm actively seeking capital (U.S., rev den), 345

CLASSIFIED ADVERTISEMENTS

– Help-wanted index

See HELP-WANTED ADVERTISEMENTS

CLOSING OF BUSINESS

See PLANT CLOSINGS

CLOTHES CHANGING

– Del Monte, compensation of minimum wage workers (Or. Cir. Ct.), 1114
– Kan., Tyson Foods, meat workers' collective FLSA, state claims advance (D. Kan.), 208
– Time spent donning and doffing, FLSA, DOL probe triggers $5.1M in back pay, 67

CLOTHING INDUSTRY

See APPAREL AND GARMENT INDUSTRY

CNA (CALIFORNIA NURSES)

– CNA/NNOC

See NATIONAL NURSES ORGANIZING COMMITTEE (CNA/NNOC)

COBRA

See CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)

COLAs

See COST-OF-LIVING ADJUSTMENTS (COLAs)

COLLECTIVE ACTIONS

See CLASS ACTIONS

COLLECTIVE BARGAINING

– Employee Free Choice Act (EFCA)

See LEGISLATION, FEDERAL, HR 1409, S 560

COLLECTIVE BARGAINING AGREEMENTS

– Card check provisions

See RECOGNITION OF UNIONS

– RAISE Act

See LEGISLATION, FEDERAL, HR 2732, S 1184

– U.S. Supreme Court docket, 2009-2010 term, Special Report, 1087

COLLEGES

See EDUCATIONAL INSTITUTIONS

COLORADO

– Independent contractors, classification bill signed, In Brief, 601
– Labor legislation, 2008, DOL reports, 145
– Sexual harassment, retaliation, CDOT worker fired for poor performance failed to show pretext, cat's paw bias, affirmative defense upheld (10th Cir.), 464
– Teacher conferences, academic activities, unpaid leave required for parents, bill signed, In Brief, 601

COMMERCE DEPARTMENT (DOC)

– H1N1 virus, preparation, response, flu season guidance issued by 4 federal agencies, 904

COMMISSIONS

– Charge-back procedure, T-Mobile, class certification in sales rep's claim was abuse of discretion, overturned (11th Cir.), 401
– Overtime, FLSA

– – Insurance agents may be subject to outside sales or administrative exemptions, job duties, form of pay cited, Wage and Hour Op. Letter, 319
– – Marketing executive paid commissions was exempt outside salesperson despite never closing a sale (11th Cir.), 106

– Wrongful discharge, misclassified sales rep fired for complaints about deductions was employee under Cal. law, jury awards $8.4M (Cal. Super. Ct.), 767

COMMUNICATIONS WORKERS (CWA)

– AT&T Wireline, 2,500 union-represented jobs cut, In Brief, 1020

COMMUTING

– Am. Recovery and Reinvestment Act

See LEGISLATION, FEDERAL, S 1

– Biking reimbursement approved as qualified transportation fringe benefit under HR 1424, 14
– Time in company car, LoJack technician's preliminary activities not compensable, but postliminary activities claim viable (9th Cir.), 945

COMPENSATION

See WAGES AND SALARIES
– Bonuses

See BONUSES

– Executives

See EXECUTIVE COMPENSATION

– Minimum wage

See MINIMUM WAGE

– Overtime

See OVERTIME

– Unemployment

See UNEMPLOYMENT INSURANCE

– Workers' compensation

See WORKERS' COMPENSATION

COMPENSATORY TIME

– EEOC willfully violated FLSA by requiring employees to take compensatory time in lieu of overtime pay for excess hours worked (Arb., FMCS), 355
– Family-Friendly Workplace Act

See LEGISLATION, FEDERAL, HR 933

COMPUTERS

– Agere Sys., ADA, RIFd supervisor lawfully awarded additional amount for taxes on lump-sum back pay, “make-whole” remedy upheld (3d Cir.), 156
– Dell, systemic sex bias in pay, promotions, firings, $9.1M class settlement wins preliminary approval (W.D. Tex), 821
– Electronic multitasking at meetings, corporate culture and peer behavior influence employee behavior, study, 738
– High-tech industry now shedding jobs but fewer than in 2001 slump, trade group reports, 358
– IT

See INFORMATION NETWORKS AND TECHNOLOGY

– Networks

See INFORMATION NETWORKS AND TECHNOLOGY

CONFERENCES AND MEETINGS

– AFL-CIO national convention, 1060
– AFSCME Nurses Congress, 496
– Am. Bar Ass'n (ABA), 1131

– – ADA Amendments Act, 863
– – Am. Law Inst. (ALI)-ABA, Lilly Ledbetter Fair Pay Act, teleconference, 229
– – Annual meeting, 863; 892
– – Comm. on Dev. of the Law under the NLRA, 276
– – EEO law, national conference, 387; 388; 415; 416
– – Employee Benefits Comm., midwinter meeting, 220
– – Employment Rights and Responsibilities, midwinter meeting, 360; 361
– – FMLA rules, teleconference, 51
– – Joint Comm. on Employee Benefits, 182
– – Labor and Employment Law Section, teleconference, Gross, Ricci effects, 835
– – Tech. in the Practice and Workplace Comm, 501

– Am. Enter. Inst., 471
– Am. Fed'n of Teachers Healthcare/Public Employees joint conference, 667
– Am. Indus. Hygiene Ass'n, 634
– Am. Law Inst. (ALI), FMLA rules teleconference, 61
– Am. Payroll Ass'n, 321
– Am. Sociological Assn., annual meeting, 974
– Am. Soc'y of Pension Prof'ls and Actuaries, 401(k) conference, 334
– Am. Soc'y of Safety Eng'rs, annual convention, 748
– Am. Speech-Language-Hearing Ass'n annual convention, 78
– Am.'s Voice, teleconference, immigration reform, 638
– Bipartisan Policy Center, health care, 963
– Campaign for Am.'s Future, immigration reform, 638
– Center for Am. Progress

– – Equal Pay Act forum, 470
– – Unionization, teleconference, 219

– Compete Am. roundtable, 385
– Congressional Caucus for Women's Issues, 556
– Demos, 1143
– Dist. of Columbia Bar Ass'n, systemic discrimination, EEOC enforcement, 191
– Econ. Policy Inst.

– – Inst. for America's Future, Thinking Big, Thinking Forward conference, 192
– – Johns Hopkins, Migration Policy Inst., Labor Shortages and Comprehensive Immigration Reform, 584; 586

– Employers' Council on Flexible Comp., 265
– ETA, Recovery and Re-Employment Research, 1031
– Global Employer Inst., 1061
– Immigration Policy Center, 414
– Industry Liaison Group, 852; 893
– Intl. Ass'n of Privacy Prof'ls Privacy Summit, 302
– Kennedy Information's 18th Recruiting 2009 Conf. & Expo, 229
– Labor and Empl. Relations Ass'n, 414
– Natl. Academy of Arbitrators, 571
– Natl. Employment Law Inst. (NELI), ADAAA rulemaking, 781
– OFCCP Natl. Am. Recovery and Inv. Act (ARRA) forum, 1003; 1032
– OSHA, ergonomics forum, 747
– Practising Law Inst., 1087
– Social Security Admin., health care reform, 881
– Soc'y for Human Resource Mgmt. (SHRM)

– – Employment Law & Legislative Conference, 304; 305; 306
– – 61st annual conference, 725; 753

– Soc'y of Toxicology, annual meeting, 326
– 2010 Compensation Strategies Conf., 1033
– Univ. of Texas El Paso (UTEP), border security, 919
– Urban Inst., 127
– White House Forum on Health Reform, 231
– WorldatWork 2009 Total Rewards Conf. and Exhibition, 614; 640

CONFIDENTIALITY

– Patient records, nurse's aide lawfully fired for providing unredacted documents to EEOC as proof of race bias (U.S., rev den), 234
– Social networking policies

– – Facebook, MySpace, employers monitoring sites offered tips on avoiding SCA, Title VII, NLRA liability, 761
– – Privacy consequences, liability, ABA panel advises careful action on monitoring, urges guidance, 892
– – Survey finds half of employers lack rules, monitoring, potential risks identified, 1059

– Temporary agency's discharge of worker for violating overly broad provision unlawful, NLRB 2-member ruling upheld (1st Cir.), 299

CONFLICTS OF INTEREST

– ERISA

– – Dual-role administrator, amendment capping mental disability benefits not arbitrary or capricious, plan documents reasonably interpreted, conflict challenge rejected (7th Cir.), 916
– – Pension professionals advised preemption, conflicts of interest critical issues as litigation rate climbs, Conference Report, 334

– 401(k) Fair Disclosure and Pension Security Act

See LEGISLATION, FEDERAL, HR 2989

– 401(k) Fair Disclosure for Retirement Security Act

See LEGISLATION, FEDERAL, HR 1984

CONGRESS, U.S.

– Ed. Note: For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned bill numbers, see relevant subject headings.
– Hispanic Caucus receives Obama pledge to move this year on immigration overhaul, members comment, 330
– Senate Health, Education, Labor and Pensions (HELP) Committee, Harkin (D-Iowa) to succeed Kennedy (D-Mass) as chairman, 961

CONGRESSIONAL BUDGET OFFICE (CBO)

– Income distribution, women's real median annual earnings, 1979-2007, report, 1107

CONGRESSIONAL RESEARCH SERVICE (CRS)

– Health care reform, tax exclusion changes, ripple effects examined, report, 799
– Infrastructure, reports on job creation estimates, explains model limitations, lack of data for green jobs sector, 861
– Pensions, plan participation, contributions increased from 1998-2003, declined by 2006, report, 126

CONNECTICUT

– Equal protection, reverse race bias, disparate impact clash, New Haven firefighters' promotion test results rejected, too few minorities passed (U.S., rev grant), 36; implications for private employers, Analysis, 397; (oral arg) Special Report, 446; discarding test results without “strong basis in evidence” that minority candidates could prevail on disparate impact claim was reverse bias (rvs), 705; attorneys discuss impact of Supreme Court holding on day-to-day employers practices, Conference Report, 835; effect of Ricci decision on federal contractors discussed, 1032
– Finance sector layoffs, ETA grants $22M tri-state award to remedy, In Brief, 151
– Labor legislation, 2008, DOL reports, 145
– Pratt & Whitney, plant closings, IAM sues to halt shutdown (D. Conn.), In Brief, 1020
– Reproductive services, AG sues to block HHS rule barring bias against health care workers with religious or moral objections (D. Conn.), 65
– Same-sex marriage, state law developments may affect employer policies, attorneys discuss impact on benefits, taxes, Analysis, 472
– Stock options, capital accumulation plan, forfeiture of partially vested shares purchased with voluntary deductions lawful under state law (Conn.), 49

CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)

– ARRA, subsidies

– – Appendix A: DOL COBRA premium reduction FAQs, WFS 25 (3/23/09)
– – Appendix B: overview, WFS 29 (3/23/09)
– – Basics, WFS 7 (3/23/09)
– – Compliance, speakers offer advice for employers, 418
– – Denials, premium reductions, DOL seeks comments on review process, 657
– – Eligibility expansion under law, DOL releases online FAQs, In Brief, 236
– – Enrollment doubled after offer of premium assistance for laid-off workers, In Brief, 909
– – Form 941

– – – Instructions, WFS 21 (3/23/09)
– – – Stimulus provisions, DOL Web page explains, 206; subsidy raises questions for employers and insurers, attorney says, 237

– – Guidance in question-and-answer form, IRS notice released, 349; expansion released, 370
– – Involuntary termination, Treasury to define, WFS 11 (3/23/09)
– – Model notices

– – – Appendix C: overview, WFS 42 (3/23/09)
– – – Expanded guidance released, 370; DOL issues guidelines for appealing denial of subsidies, 573; time and expense burden, EBSA seeks comments, 574
– – – FAQs issued by DOL, overview, 287

– – Notice of other coverage, IRS posts penalty reminder, In Brief, 936
– – Payroll tax credit and reporting requirements, WFS 15 (3/23/09)
– – Plan sponsors report over 500,000 participants, survey, 433
– – Reconciling subsidy payments and employment tax obligations

– – – Example 1, WFS 16 (3/23/09)
– – – Example 2, WFS 17 (3/23/09)

– – Severance pay, advice offered to avoid compliance pitfalls, 405
– – Temporary provisions examined, WFS 7 (3/23/09)

– Economic stimulus package, large employer group outlines priorities to include subsidies, 42
– Economy-driven furloughs may impact considerations, Analysis, 593
– Independent contractor misclassification, consequences, Viewpoint, 865
– Notice required despite provision of other coverage to early retirees, claim for statutory penalties may be time-barred (W.D. Va.), 22
– W-2 form, new payment reporting not required, IRS says, 321

CONSTITUTIONAL RIGHTS

– Due process

See DUE PROCESS

– Equal protection

See EQUAL PROTECTION

– First Amendment

See FIRST AMENDMENT

– Free speech

See FREEDOM OF SPEECH

– State constitutions

See specific states

CONSTRUCTION INDUSTRY

– A.H. Cornell & Son, retaliation, ERISA §510 does not protect informal complaints, firing lawful (E.D. Pa.), 859
– Ajax Constr., D.F.M. Indus., hot cargo ULPs, IW local coerced employers to avoid nonunion subcontractors (D. Mass.), 1002
– Am. Recovery and Reinvestment Act

See LEGISLATION, FEDERAL, HR 1

– Constr. & Design, carpenter properly denied visa where small firm failed to show ability to pay salary (7th Cir.), 468
– Del., fraud bill enacted, imposes stop-work, penalties for employee misclassifications, 852
– Driftwood Elec. Contractors, overtime, independent contractor misclassifications, FLSA economic reality test (5th Cir.), 1112
– Halpin Mech. & Elec., contributions owed to multiemployer plans not “assets” triggering ERISA fiduciary status, but debts dischargeable in bankruptcy (2d Cir.), 527
– Jay Dee Contractors, FMLA eligibility, leave mistakenly granted, estoppel no bar to assertion of threshold defense where no reliance shown (6th Cir.), 775
– Md., measure would penalize contractors for independent contractor misclassifications, enactment expected, 404; joint task force created to combat workplace fraud, 796
– Summit Contractors, multiemployer worksite, OSHA may cite general contractors for hazards created by subcontractors, no conflict with “controlling employer” policy (8th Cir.), 244
– Underground Utils., prevailing wages, overtime, deposition queries about claimants' immigration, residency, citizenship status unlawful (N.J. Super. Ct.), 580

CONSTRUCTIVE DISCHARGE

– ADA, driving not major life activity, county nurse who resigned due to anxiety after car accident lacks disability, bias claims (7th Cir.), 427
– Same-sex harassment, EEOC suit settled (M.D. Fla.), 625
– Sex bias, FMLA retaliation, claim revived for UPS account executive mistreated after leave (10th Cir.), 215
– Sexual and racial harassment, “severe or pervasive,” EEOC claim revived for jury decision (4th Cir.), 828
– Sexual harassment, Fla. deputy sheriff who declined post failed to show promotions bias, constructive discharge (U.S., rev den), 38

CONSULTANTS

– Proudfoot Consulting, working for competitor breached noncompete pact, but $1.7M in “make-whole” damages unsupported by proof of actual losses, reversed (11th Cir.), 887

CONTINGENT WORKERS

– Independent contractors

See INDEPENDENT CONTRACTORS

– Staffing, 2008 3d quarter, ASA report, 218; 2009 1st quarter, 611; 2d quarter, 947

CONTRACTORS

– Federal

See FEDERAL CONTRACTS AND CONTRACTORS

– Independent

See INDEPENDENT CONTRACTORS

CONTRACTS

– Employment

See EMPLOYMENT AGREEMENTS

– Supply contracts, unjust enrichment, third party beneficiary status rejected for foreign workers alleging Wal-Mart failed to monitor labor law violations (9th Cir.), 776

CORRECTIONAL FACILITIES

– Cook County Sheriff's Dep't, failure to investigate national origin harassment, correctional officer of Arab ancestry has triable claims (N.D. Ill.), 550
– Minn., sex bias, retaliation complaint no shield against officer's discipline for prior insubordination, claim rejected (U.S., rev den), 65
– Utah Dept. of Corr., ADA, emergency response training essential job function, no accommodation required for fired physician assistant (10th Cir.), 997

COST-OF-LIVING ADJUSTMENTS (COLAs)

– Pensions, 2010 plan benefit limits at 2009 levels, 1103

COURTS

– State

See specific states

– Supreme, U.S.

See SUPREME COURT, U.S.

CREDIT REPORTS

– Background checks, EEOC weighs guidance on use of criminal records, credit histories in employment decisions, 413

CREDITS AGAINST TAXES

– COBRA, Form 941, DOL Web page explains ARRA stimulus provisions, 206
– Healthy Workforce Act

See LEGISLATION, FEDERAL, HR 1897, S 803