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
– 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)

– CNA/NNOC

See NATIONAL NURSES ORGANIZING COMMITTEE (CNA/NNOC)

CANADA

– Employment and unemployment rates, StatCan report, Jan., 2009, 164

CARD CHECKS

See RECOGNITION OF UNIONS

CARS

– Manufacturing and sales

See AUTOMOTIVE INDUSTRY

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

See PHARMACEUTICAL INDUSTRY

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

See EMPLOYMENT ELIGIBILITY VERIFICATION

– 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

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' 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

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, 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

– Help-wanted index

See HELP-WANTED ADVERTISEMENTS

CLOSING OF BUSINESS

See PLANT CLOSINGS

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

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)

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

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

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

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
– 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

– 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

– 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

– 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

– Independent contractors

See INDEPENDENT CONTRACTORS

– Temporary employees

See TEMPORARY EMPLOYEES
– – Agencies

See TEMPORARY AGENCIES

CONTRACTORS

– Federal

See FEDERAL CONTRACTS AND CONTRACTORS

– Independent

See INDEPENDENT CONTRACTORS

CONTRACTS

– Employment

See EMPLOYMENT AGREEMENTS

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

– 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

– Wellness program tax credit, Healthy Workforce Act

See LEGISLATION, FEDERAL, HR 1897, S 803