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INDEX
Vol. 27, Nos. 1-25, pp. 1-700
Jan. 12- June 29, 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

    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
      – Disability bias, UPS, hearing-impaired driver applicants' class claims settled with new standard between DOT threshold and zero (N.D. Cal.), 653
      – 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
      – 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
        – – 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
      – 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
      – Retaliation, FEHA, Los Angeles city attorney's $1.5M award overturned where city's evidence plausible, pretext claim unsupported (U.S., rev den), 682
      – 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)
      – Tip pooling among Starbucks baristas, shift supervisors, and “shift leads” lawful, $105M restitution order reversed, appeal planned (Cal. Ct. App.), 597
      – Workers' compensation, court withdraws ruling that state labor code guarantees additional benefits for overtime work performed by nonresidents, clarification from high court sought (9th Cir.), 178
    CALIFORNIA NURSES (CNA)
    CANADA
      – Employment and unemployment rates, StatCan report, Jan., 2009, 164
    CARD CHECKS
    CARS
    CASH BALANCE PLANS
      – 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
        – – 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
    CASINOS
      See also generally GAMBLING AND GAMING
      – Aladdin Resort & Casino, sex bias, retaliation claims revived for sales manager mistreated, fired after becoming stepmother of three (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
    CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC)
      – Swine Flu, aerosol rule, enforcing guidance among OSHA options to address, official tells Nurses Congress, 496
    CHAMBER OF COMMERCE, U.S.
      – E-Verify, federal contractors, suit challenging legality of executive order, rules mandating use (D. Md.), 9; final rule delayed in wake of suit filed, 36; postponement issued to give Obama administration time to review, 96; rule delayed until June 30, 399
      – Employee benefits, economic slowdown triggered cutbacks, 2008 Chamber report, 350
      – 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, ConfRpt, 334
    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
      – 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
      – Pharmaceuticals
    CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD (CSB)
      – Combustible Dust Explosion and Fire Prevention Act
        See LEGISLATION, FEDERAL, HR 849
    CHILD LABOR
      – State labor legislation, 2008, DOL reports, 145
    CHINA
      – Economic crisis
        – – 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
    CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)
      – Appointments and personnel changes, director, Mayorkas nominated, In Brief, 460
      – E-Verify program
      – H-1B visa program, certification, TARP recipients subject to new USCIS rules, forms to insure no U.S. workers displaced, 315
      – I-9 form for new hires, acceptable identity documents, USCIS delays implementing rule, 122
      – Illegal immigrants taking jobs that could be filled by native-born workers, USCIS reports, rights group disagrees, 218
      – Visa programs, certification
    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' class claims settled with new standard between DOT threshold and zero (N.D. Cal.), 653
      – ADEA, KAPL, RFOA affirmative defense waiver not excused, RIFd employees' $4M class award reinstated (N.D.N.Y.), 543
      – Commissions, T-Mobile, class 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
        – – Huntington Bancshares, retention of stock investment option during subprime crisis no breach (S.D. Ohio), 150
        – – 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
      – FAA, arbitration of class claims allowable even where not expressly mentioned in contract (U.S., rev grant), 653
      – FedEx, wage and hour suits
      – 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
      – National origin bias, Hispanic grocery workers' bid for class certification on pay bias claims revived (U.S., rev den), 96
      – Off-the-clock work
      – Race bias, Wal-Mart, black truck drivers settle class action 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 class certification overturned on appeal, remanded (11th Cir.), 571
        – – SK Foods, class certified (E.D. Cal.), 581
      – Sex bias, Wal-Mart, en banc review ordered on class certification for over 1 million claimants (9th Cir.), 177; oral argument, attorneys clash over class certification, mini-trials (9th Cir., en banc), 332
      – Tip pooling, waiters, bus staff, bartenders seek final approval of $2.5M settlement (S.D.N.Y.), 149
      – WARN Act, “faltering business” defense rejected, trucking firm actively seeking capital (U.S., rev den), 345
    CLASSIFIED ADVERTISEMENTS
    CLOSING OF BUSINESS
    CLOTHES CHANGING
      – 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
    CNA (CALIFORNIA NURSES)
    COBRA
    COLLECTIVE ACTIONS
    COLLECTIVE BARGAINING
      – Employee Free Choice Act (EFCA)
        See LEGISLATION, FEDERAL, HR 1409, S 560
    COLLECTIVE BARGAINING AGREEMENTS
      – Card check provisions
      – RAISE Act
        See LEGISLATION, FEDERAL, HR 2732, S 1184
    COLLEGES
    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
    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
    COMMUTING
      – Am. Recovery and Reinvestment Act
        See LEGISLATION, FEDERAL, S 1
      – Biking reimbursement approved as qualified transportation fringe benefit under HR 1424, 14
    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
    CONFERENCES AND MEETINGS
      – AFSCME Nurses Congress, 496
      – Am. Bar Ass'n (ABA)
        – – Am. Law Inst. (ALI)-ABA, Lilly Ledbetter Fair Pay Act, teleconference, 229
        – – 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
        – – 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. Soc'y of Pension Prof'ls and Actuaries, 401(k) conference, 334
      – Am. Speech-Language-Hearing Ass'n annual convention, 78
      – America's Voice, teleconference, immigration reform, 638
      – Campaign for America'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
      – 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 Compensation, 265
      – Immigration Policy Center, 414
      – 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
      – Soc'y for Human Resource Mgmt. (SHRM), Employment Law & Legislative Conference, 304; 305; 306
      – Soc'y of Toxicology, annual Meeting, 326
      – 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
      – Temporary agency's discharge of worker for violating overly broad provision unlawful, NLRB 2-member ruling upheld (1st Cir.), 299
    CONFLICTS OF INTEREST
      – ERISA, pension professionals advised preemption, conflicts of interest critical issues as litigation rate climbs, ConfRpt, 334
      – 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
    CONGRESSIONAL RESEARCH SERVICE (CRS)
      – 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
      – Finance sector layoffs, ETA grants $22M tri-state award to remedy, In Brief, 151
      – Labor legislation, 2008, DOL reports, 145
      – 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, subsidized benefits
        – – 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
        – – Eligibility expansion under law, DOL releases online FAQs, In Brief, 236
        – – 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
        – – 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
      – Notice required despite provision of other coverage to early retirees, claim for statutory penalties may be time-barred (W.D. Va.), 22
      – Premium reductions, subsidies denials, DOL seeks comments on review process, 657
      – W-2 form, new payment reporting not required, IRS says, 321
    CONSTITUTIONAL RIGHTS
    CONSTRUCTION INDUSTRY
      – 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
      – Halpin Mech. & Elec., contributions owed to multiemployer plans not “assets” triggering ERISA fiduciary status, but debts dischargeable in bankruptcy (2d Cir.), 527
      – Md., measure would penalize contractors for independent contractor misclassifications, enactment expected, 404
      – 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 on behalf of two former retail workers settled (M.D. Fla.), 625
      – Sex bias, FMLA retaliation, claim revived for UPS account executive mistreated after leave (10th Cir.), 215
      – Sexual harassment, Fla. deputy sheriff who declined post failed to show promotions bias, constructive discharge (U.S., rev den), 38
    CONTINGENT WORKERS
    CONTRACTORS
    CONTRACTS
    CORRECTIONAL FACILITIES
      – Cook County Sheriff's Dept., 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
    COURTS
    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
      – Wellness program tax credit, Healthy Workforce Act
        See LEGISLATION, FEDERAL, HR 1897, S 803
    CRIMINAL ACTIVITIES
    CRS
    CTW
    CUSTODIANS

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