Human Resources Report Index-Summary

DAIRY INDUSTRY

– McArthur Dairy, overtime, delivery driver covered by FLSA motor carrier exemption, Fla. deliveries part of interstate commerce (11th Cir.), 1058

DAMAGES

– ADA, RIFd supervisor lawfully awarded additional amount for taxes on lump-sum back pay, “make-whole” remedy upheld (3d Cir.), 156
– EPPA, bank violated bar on use of or reference to test results, but claimant manager failed to link to firing, anxiety problems, show damages (D.S.C.), 439
– Mich., emotional distress, racial harassment, claimants entitled to nominal damages only (6th Cir.), 297
– Punitive

See PUNITIVE DAMAGES

– SCA, intentional unauthorized access of personal e-mail account barred, but proof of actual damages required to claim statutory damages (4th Cir.), 289
– Sex bias, failure to hire properly ruled Title VII violation but testimony beyond plaintiff's expertise triggers new trial on damages (3d Cir.), 464
– Wis., job bias bill, In Brief, 518; signed, 627

DATA SECURITY

– Breach, Kaiser Permanente, 29,500 N. Cal. workers notified, 149; NUHW confirm fired SEIU-UHW worker source of personal data breach, 235
– Communication technology speeds ahead, attorneys cautioned to stay informed, Conference Report, 361
– Downsizing, survey finds departing employees steal sensitive company data, perceptions influence behavior, 246; WFS 16 (8/31/09)
– E-discovery, federal rules impose risks on employers, pitfalls explained, Conference Report, 306
– Electronic communications policies

– – Components highlighted, WFS 18 (8/31/09)
– – Model, WFS 23 (8/31/09)

– Identity theft, job applicant's data stolen from vendor laptop, claim for ID theft risk allowed, but not Cal. negligence claim (N.D. Cal.), 383; suit overview, applicant's data protection analyzed, 565
– Mandatory arbitration, electronic signature insufficient to prove pact formed, lax data security a factor (D. Kan.), 217

DAY LABORERS

– Ill., bill allows temporary labor firms to seek ALL KIDS state-subsidized health insurance for employees' children, In Brief, 880

DEATHS

See FATALITIES

DECEIT

See FRAUD

DECERTIFICATION

– 2008 elections, NLRB data, BNA preliminary analysis, 500

DEFENSE CONTRACTORS

– Halliburton d/b/a/ Kellogg Brown & Root, rape by co-workers, tort claims not arbitrable (5th Cir.), 1000
– Knolls Atomic Power Labs. a/k/a KAPL, ADEA, RFOA affirmative defense waiver not excused, RIFd employees' $4M class award reinstated (N.D.N.Y.), 543
– Mandatory arbitration

See LEGISLATION, FEDERAL, HR 3326

DEFENSE DEPARTMENT (DOD)

– National origin bias, refusal to take English lessons to overcome accent not covered by Title VII, retaliation claim rejected (10th Cir.), 325

DEFERRED COMPENSATION

– ERISA

See ERISA

– 401(k) plans

See 401(k) PLANS

– Pensions

See PENSIONS

DEFINED BENEFIT PLANS

– Deficits

– – Large plan funding, employer obligations in recession, Chamber seeks relief from Congress, others oppose freezing, plan termination, Conference Report, 334
– – Milliman Funding Index, Dec., 2008, 100; Jan. 2009, 210; July, 910

– ERISA

– – ADEA, Northwest Airlines “target date” plan not age-biased (D. Minn.), 133
– – Anti-backloading, Hilton Hotels, accrual rule violations not mooted by subsequent pension plan amendment (D.D.C.), 581

– Instability, trends affecting largest corporate plans identified, GAO survey report, 349
– Low inflation may lower 2010 contribution limits, report, 938
– Milliman 100 Pension Funding Index, June, 2009, 799
– PPA

– – Business Roundtable's 2009 policy and legislative agenda outlined, 183
– – Disclosure requirements, EBSA issues guidance, 151

– Retirement, future policy could include new risk-mitigation programs, actuary identifies ways to improve traditional model, 686
– Shift to defined contribution plans tracked, report, 210
– Stock market effects, account balances dropped 20 percent from 2007 to 2009, EBRI report, 882
– Women, policymakers urged to consider needs of female workers, spouses, brief, 520

DEFINED CONTRIBUTION PLANS

– Automatic enrollment

– – PPA, IRS issues final implementing rule, summary, 206; timing of rule could dampen employer participation, 238
– – Survey finds almost half of companies use, Watson-Wyatt report, 1049

– ERISA, stock drop fiduciary breach, ex-employee who cashed out has statutory, constitutional standing to sue (9th Cir.), 772
– 401(k)

See 401(k) PLANS

– Instability, trends affecting largest corporate plans identified, GAO survey report, 349
– Low inflation may lower 2010 contribution limits, report, 938
– Participation, primary retirement vehicle for many, employers seek to cut costs, curtail enrollment, EBRI report, 210
– Retirement, future policy could include new risk-mitigation programs, actuary identifies ways to improve traditional model, 686
– Stock market effects, account balances dropped 20 percent from 2007 to 2009, EBRI report, 882
– Target date funds, demographic factors to consider when selecting identified in EBRI study, 603

DELAWARE

– Labor legislation, 2008, DOL reports, 145
– Sexual orientation bias ban enacted, In Brief, 741
– Unemployment insurance, DOL extends benefit period, 879
– Workplace fraud bill enacted, imposes stop-work, penalties for construction employee misclassifications, 852

DELIVERY SERVICES

– FedEx

– – ADEA, application of “but-for” evidentiary standard dooms couriers' case on remand from Supreme Court (S.D.N.Y.), 884
– – FAA reauthorization

See LEGISLATION, FEDERAL, S 1451

– – Gender identity bias banned, In Brief, 796
– – Home delivery drivers independent contractors not covered by NLRA, refusal to bargain with IBT lawful (D.C. Cir.), 441
– – Independent contractor misclassification

See INDEPENDENT CONTRACTORS

– – Missed meals and breaks

– – – Ground Package Sys., $8.12M settlement consolidates, resolves 2 Cal. class actions (N.D. Cal.), 66
– – – Off-the-clock work, split shifts, five subclasses of drivers certified for class actions (N.D. Cal.), 458
– – – Unpaid gap periods, class certification denied to Fla. workers, individual issues predominate (11th Cir.), 887

– – Racial harassment, retaliation, interracial couple fail to show animus in discipline, firing (5th Cir.), 401
– – Regarded as disabled, trial error claims rejected, former service manager's $1.2M award upheld under W. Va. law (4th Cir.), 962

– UPS

– – ADA

– – – Hearing-impaired driver applicants' class claims settled (N.D. Cal.), 653
– – – Leukemia, aircraft mechanic not substantially limited, not regarded as disabled (7th Cir.), 1053

– – FMLA retaliation, sex bias, constructive discharge claim revived for account executive mistreated after leave (10th Cir.), 215
– – Whistleblowing, employee fired for refusing to use company Web sites due to disclosure concerns has valid claim linked to identity theft law (D.N.J.), 498

DISABILITY BENEFITS

– Workers' compensation

See WORKERS' COMPENSATION

DISABILITY EMPLOYMENT POLICY OFFICE (ODEP)

– Appointments and personnel changes, Obama taps Martinez as asst. sec'y for disability employment policy, In Brief, 320; nomination sent to Senate, 432
– Budget

– – FY2009, omnibus spending bill

See LEGISLATION, FEDERAL, HR 1105

– – FY2010, DOL requests $104.5B, overview, 488

– Database of disabled workers available, In Brief, 292
– Technical assistance center, funding, Cornell Univ., In Brief, 1048

DISABILITY LEAVE

– Family and medical leave

See FAMILY AND MEDICAL LEAVE
– – FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

DISABLED EMPLOYEES

– ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

– ERISA, supplying medical reviewers with nonmedical history undercutting disability claim no abuse of discretion (7th Cir.), 1028
– ODEP

See DISABILITY EMPLOYMENT POLICY OFFICE (ODEP)

– Rehabilitation Act

See REHABILITATION ACT

– State law bias claims

See specific states

– Stuttering, workers may face career barriers due to misperceptions, research paper, 78
– UK, nonbias protection expanded, 809

DISCIPLINE

– Minn., sex bias, retaliation complaint no shield against discipline for prior insubordination, claim fails (U.S., rev den), 65

DISCLOSURE

– DOL semiannual regulatory agenda, overview, 515
– 401(k) Fair Disclosure for Pension Sec. Act

See LEGISLATION, FEDERAL, HR 2989

– 401(k) Fair Disclosure for Retirement Sec. Act

See LEGISLATION, FEDERAL, HR 1984

DISCOVERY

– Communication technology speeds ahead, attorneys cautioned to stay informed, Conference Report, 361
– E-discovery, federal rules impose risks on employers, pitfalls explained, Conference Report, 306
– Witness intimidation, whistleblower fired for refusing to recant illegal hiring allegations, motion to compel upheld (U.S., rev grant), 96

DISCRIMINATION

See specific types of discrimination

DISEASES AND DISORDERS

See INJURIES AND ILLNESSES; specific diseases or disorders

DISPARATE IMPACT AND TREATMENT

– 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
– – Rehiring policy, Allstate Ins., $4.5M settles EEOC claims (E.D. Mo.), 992

– 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 employer practices, Conference Report, 835; effect of Ricci decision on federal contractors discussed, 1032
– Race bias

– – Cell phone salesman fired for misusing shipping account alleges comparator evidence suggesting pretext, claim advances (N.D. Ill.), 688
– – EEOC weighs guidance on use of criminal records, credit histories in employment decisions, 413
– – Testing, continuing violation rejected, firefighter applicants' EEOC charge untimely, judgment vacated (U.S., brief invited), 543; timeliness of test-based hiring claims (rev grant), 1041

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

DISPLACED WORKERS

– Community-Based Health Care Retraining Act

See LEGISLATION, FEDERAL, HR 3234

DISTRIBUTION CENTERS

See WAREHOUSES AND DISTRIBUTION CENTERS

DISTRICT OF COLUMBIA

– Compensation, 2.2 percent rise in salaries outpaces other cities, WorldatWork survey, 853
– Labor legislation, 2008, DOL reports, 145
– Religious bias, no-beard policy for firefighters, EMTs violates RFRA, safety argument rejected (D.C. Cir.), 269
– Same-sex marriage, state law developments may affect employer policies, attorneys discuss impact on benefits, taxes, Analysis, 472
– Water and Sewer Auth. (WASA), ADA, damages properly denied, claimant not disabled under pre-ADAAA standards, and ADAAA not retroactive (D.C. Cir.), 829

DIVERSITY

– Workplace inclusion

– – Affirmative action plans, attorneys describe employer approaches to promote diversity, conference, WFS 15 (9/28/09)
– – Best practices

– – – DiversityInc's Top 50 Companies, key performance areas discussed, WFS 16 (9/28/09)
– – – Principles, suggestions highlighted, WFS 19 (9/28/09)

– – Challenges, WFS 10 (9/28/09)
– – Definitions, evolving issues discussed, WFS 7 (9/28/09)
– – Edward Jones, Case Study, WFS 16 (9/28/09)

DOC

See COMMERCE DEPARTMENT (DOC)

DOD

See DEFENSE DEPARTMENT (DOD)

DOL

See LABOR DEPARTMENT (DOL)

DOMESTIC PARTNERS

– Balancing Act

See LEGISLATION, FEDERAL, HR 3047

– Benefit programs

– – Appendix A: Domestic Partner Q&A, WFS 19 (6/29/09)
– – Appendix B: Model Policies and Forms, WFS 25 (6/29/09)
– – Appendix C: (Strauss v. Horton, Cal.) case examined, WFS 28 (6/29/09)
– – Business practices, factors, studies profile, WFS 7 (6/29/09)
– – Challenges facing HR examined, WFS 5 (6/29/09)
– – Development, legal and design issues examined, WFS 10 (6/29/09)
– – Federal employees, Obama memorandum extends some benefits to same-sex partners, WFS 6 (6/29/09)
– – Government guidance ambiguous and problematic, WFS 16 (6/29/09)
– – Large firms offering, job protections surge, report, 183
– – Same-sex benefits, employers deemed leaders in providing equal treatment, WFS 15 (6/29/09)
– – Taxation, WFS 13 (6/29/09)

– Family and Medical Leave Inclusion Act

See LEGISLATION, FEDERAL, HR 2132

– Federal employee benefits

– – Benefits and Obligations Act

See LEGISLATION, FEDERAL, HR 2517, S 1102

– – OPM seeks comments on proposed rules, In Brief, 1019

– Nev., anti-bias bill without health benefits requirement vetoed, In Brief, 572; veto overridden, 601
– Same-sex marriage

See SAME-SEX MARRIAGE

– Tax Equity for Health Plan Beneficiaries Act

See LEGISLATION, FEDERAL, HR 2625

DOMESTIC VIOLENCE

– Balancing Act

See LEGISLATION, FEDERAL, HR 3047

– Pa., Philadelphia, ordinance approved, In Brief, 67
– State labor legislation, 2008, DOL reports, 145

DOT

See TRANSPORTATION DEPARTMENT (DOT)

DOWNSIZING

– Layoffs

See LAYOFFS
– – Announcements

See LAYOFF ANNOUNCEMENTS

– RIFs

See REDUCTIONS IN FORCE (RIFs)

DPPA

See DRIVER'S PRIVACY PROTECTION ACT (DPPA)

DRESS CODES AND GROOMING

– “Grooming standards matching gender,” transsexual employee fired under gender-neutral dress code fails to show bias, pretext (N.D. Ind.), 73
– “No Long Pants” policy effective, 848
– Religious bias

– – Headscarf, accommodation hardship (3d Cir.), 408
– – No-beard policy for D.C. firefighters, EMTs violates RFRA, safety argument rejected (D.C. Cir.), 269
– – Nose ring worn “for religious reasons” violated food franchisor's policy, but EEOC accommodation claim will go to jury (M.D. Fla.), 436; EEOC firing claim rejected, relief denied, 876
– – Rastafarian applicant who refused to cut dreadlocks for security guard job raised triable claim, punitive damages unavailable (N.D. Ill.), 495

DRIVERS

– Overtime

– – Bus drivers subject to FLSA motor carrier exemption, airport-to-seaport trips interstate travel (11th Cir.), 860
– – Dairy delivery driver covered by FLSA motor carrier exemption, Fla. deliveries part of interstate commerce (11th Cir.), 1058
– – Furniture delivery drivers, $2.5M back pay, $2.26M penalty settle retailer's N.J. violations, 740

– Pregnancy bias, bakery delivery driver fired after notifying employer, award upheld (Cal. Ct. App.), 459
– Race bias, Wal-Mart, black applicants settle class action hiring suit for $17.5M (E.D. Ark.), 205

DRIVER'S PRIVACY PROTECTION ACT (DPPA)

– Union organizing not a permissible exception, UNITE HERE unlawfully accessed motor vehicle records to obtain workers' home addresses (U.S., rev den), 316

DRUG

– Abuse

See DRUG AND ALCOHOL ABUSE

– Manufacturing

See PHARMACEUTICAL INDUSTRY

– Prescription benefits

See PRESCRIPTION DRUG BENEFITS
– – Retirees

See RETIREE HEALTH BENEFITS

– Stores

See PHARMACIES

– Testing

See DRUG AND ALCOHOL TESTING

DRUG AND ALCOHOL ABUSE

– Alcohol abuse fueled by rapid rise in joblessness, study finds, 779
– Medical marijuana, safety advocates support Or. bills restricting use on job, 380

DRUG AND ALCOHOL TESTING

– Return-to-work and follow-up drug tests, DOT observed urination rule for safety-sensitive jobs upheld (D.C. Cir.), 553; direct observation requirement reinstated, 821

DUE PROCESS

– Age bias, Ohio, $6M verdict upheld, but $10M punitives violate due process, remanded (6th Cir.), 296
– City worker fired without hearing after informal bias complaint had valid property interest in job, claim revived (7th Cir.), 856
– Ind., female firefighter fails to show violation in repeated driving and fitness-for-duty evaluations, sex-plus bias not addressed (7th Cir.), 941

DUES, UNION

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