Human Resources Report Index-Summary

E-MAIL

– Attorney-client privilege, firm had no right to access bias claimant's e-mails sent to lawyer through company laptop (N.J. Super. Ct. App. Div.), 722
– Communication technology speeds ahead, attorneys cautioned to stay informed, Conference Report, 361
– Communications policies, revisions and updates urged, Introduction, WFS 5 (8/31/09)
– Data security during 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 multitasking at meetings, corporate culture and peer behavior influence employee behavior, study, 738
– SCA bars intentional unauthorized access of personal e-mail account, but proof of actual damages required to claim statutory damages (4th Cir.), 289

E-VERIFY PROGRAM

See EMPLOYMENT ELIGIBILITY VERIFICATION

EARLY RETIREMENT

– ADEA

– – AT&T, EEOC, no-rehire policies (S.D.N.Y.), 906
– – Waivers, no Ledbetter Act invalidation (11th Cir.), 1084

EBSA

See EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)

ECI

See EMPLOYMENT COST INDEX (ECI)

ECONOMIC ACTIVITY

– Am. Recovery and Reinvestment Act

See LEGISLATION, FEDERAL, HR 1

– China, growth slowed in 4th quarter 2008, BLS data, 138
– Industrial productivity

See PRODUCTIVITY

– Layoffs

See LAYOFFS

– Pay data

See WAGES AND SALARIES

– Recession, top firms keep workers engaged during pay freezes, layoffs, cutbacks, Conference Report, 614; correction, 628

ECONOMIC OUTLOOK

– Blue Chip survey

– – GDP, analysts cut 2009 forecast, predict 1st quarter drop, 2d-half growth, 149
– – Recession, recovery starting July-Sept. quarter, unemployment rate higher, 890

– BNA survey forecast, 2009, Special Report, 25
– China, migrant workers, 20 million job losses due to slow international demand for products, 165
– Council of Economic Advisors forecast, 1130
– Employment Dynamics and Growth Expectations (EDGE) Report, 946
– Financial crisis

– – Recession to extend through mid-2009, slow recovery to follow, BNA survey, 53
– – Women, severe impact of economic downturn noted in Congressional forum, more attention needed, 556
– – World economy, 2009, Special Report, 80

– Green jobs

See GREEN JOBS

– HR Outlook, 2009, 33
– Labor market activity

See LABOR MARKET

– Layoffs

See LAYOFFS

– Long-term joblessness increasing despite easing of recession, EPI analysis, 861
– Monetary policy, HR Analysis, 2009, 33
– Natl. Ass'n for Bus. Econ. (NABE)

– – Industry Survey, Jan., 2009, 108; Feb., 219; July, 807
– – Stimulus will boost economy as year progresses, analysts say, 613; economists say stimulus helping economy but oppose more spending, 974

– Recovery

– – Am. Recovery and Reinvestment Act

See LEGISLATION, FEDERAL, HR 1

– – Business Roundtable's 2009 policy and legislative agenda outlined, 183
– – CBO chief warns of “tepid ” recovery, 10.5 percent unemployment, falter as stimulus wanes, 583
– – Economic Recovery Advisory Board, labor, manufacturing, finance, business representatives appointed to aid turnaround efforts, 162
– – Fed chair Bernanke says recession likely over, but jobs will make slow comeback, 991
– – FY2009-2010, forecasters say recession's end close, but recovery slow to gather strength, BNA mid-year survey, 733
– – Immigration, work, family issues key to boosting economy, shared prosperity, economists say, 192
– – OECD report advises member countries to cut income tax, other taxes to boost growth, summary, 277
– – Rebound mostly consumer-driven, labor, housing woes slow spending, economists explain, Analysis & Perspective, 976
– – Troubled Asset Relief Program (TARP)

– – – Executive pay limits set by Obama for firms receiving aid, 121
– – – Temporary Economic Recovery Adjustment Panel

See LEGISLATION, FEDERAL, S 431

– – UCLA Anderson Forecast, 2009 3d quarter, 695; 4th quarter, 1004

– Skilled jobs, Council of Econ. Advisors project growth in industries, urge training fixes to meet future needs, summary, 778
– Survey of Prof'l Forecasters, 2009 1st quarter, 192
– Wage growth declines after slowing to 1.3 percent in 2009, EPI reports, 965
– Young workers, labor agenda, new economy, Shuler outreach, 1143

EDUCATION

– Am. Graduation Initiative, Obama proposes $12B direct loan program with community colleges training for new degree-based jobs, 767
– America's youth at 21, BLS report links education to jobs, offers demographic breakdown, 108
– Bridge programs to close skills gap for high school, college graduates, bills introduced in House, Senate would provide $915M, In Brief, 824
– College graduates

– – Hiring advice offered, common mistakes discussed, survey, 428
– – Natl. Ass'n of Colleges and Employers (NACE) surveys

– – – Job Outlook 2009 Spring Update, 274
– – – Salary offer stagnates in cooling job market, 154
– – – Teaching heads list of job offers for 2009, 1059

– – Pay premium for college degree held steady in 2007 while earnings fell for most, Census figures show, 462
– – Summer jobs, hiring survey, 358

– Financial aid, Opportunity.gov Web site offers help to displaced workers seeking higher and vocational education, 517
– Lifetime earnings gain for U.S. college graduates twice as high as OECD average, report, 966
– Middle-skill jobs report finds demand will stay robust relative to supply, summary, 246
– Online degrees, impact on hiring process analyzed, 929
– Skilled jobs, Council of Econ. Advisors project growth in industries, urge training fixes to meet future needs, summary, 778

EDUCATION ASSISTANCE

– Reimbursement programs

– – Employer trends, WFS 6 (4/27/09)
– – H. Lee Moffit Cancer Center, Case Study, WFS 27 (4/27/09)
– – Northrup Grumman, Case Study, WFS 25 (4/27/09)
– – Requirements, participation rates examined, WFS 13 (4/27/09)
– – Tax consequences, overview, WFS 17 (4/27/09)

EDUCATION DEPARTMENT

– Budget, FY2010

See LEGISLATION, FEDERAL, HR 3293

EDUCATIONAL INSTITUTIONS

– Acton-Boxborough Reg'l Sch. Distr., FMLA, equitable estoppel not applied where ineligible employee relied on oral approval to take leave (1st Cir.), 889
– Benedict Coll., race bias, historically black college settles EEOC claims on behalf of fired white faculty for $165K (D.S.C.), 402
– China, admissions, hepatitis B screening, 1145
– Cornell Univ., technical assistance center, ODEP funding, 1048
– Fla., Sch. Bd. of Seminole County, ADA, accommodation claim revived, remanded for teacher's aide who sought nonsedentary jobs (11th Cir.), 45
– Jackson State Univ., sex bias, professor tenure denial is pay-related decision falling under Ledbetter Act, claim timely (S. D. Miss.), 467
– Nettle Creek Sch., teacher reassigned to teach lower grade with no loss of pay, benefits failed to show adverse action, bias, retaliation claims dismissed (7th Cir.), 605
– Riverside County Office of Educ., ADA, Rehab. Act, retaliation, 3d party complaint, standing to sue (9th Cir.), 1165
– Sauganash Elem. Sch., PDA, teacher's timeline shows nonrenewal of contract may be bias, not retaliation, FMLA interference claims dismissed (N.D. Ill.), 130
– Sch. Distr. of Somerset, ADA accommodation claim revived (7th Cir.), 1083
– Sumner County Bd. of Educ., ADA, regarded as disabled claim rejected (6th Cir.), 745
– Univ. of Alaska, USERRA jurisdiction, statutory scope (U.S., rev den), 369
– Univ. of Ark. for Med. Scis., sexual harassment, dean acted on good faith belief program director harassed co-workers, firing lawful (8th Cir.), 379
– Univ. of Tex.

– – El Paso (UTEP), border security directly related to worksite enforcement, Napolitano tells conferees, 919
– – First Amend., workers fired for exorcism of “demonically oppressed” co-worker's cubicle may have free exercise claim, but not free speech (N.D. Tex.), 370

– Valley View Local Schs., FMLA, mixed motive, retaliation claim revived where custodian's involuntary leave based on medical restrictions, excessive absences (6th Cir.), 943

ELECTIONS

– Union representation

See REPRESENTATION ELECTIONS

ELECTRICAL WORKERS (IBEW)

– Local 21, post-merger decision to move IBEW bargaining unit into larger CWA unit was “core business decision” exempt from NLRA bargaining duty (9th Cir.), 469

ELECTRONIC MONITORING

– Hidden camera in office was privacy intrusion, but employer had legitimate reasons, tort liability rejected (Cal.), 858
– Internet, social networking, surveillance pitfalls, privacy policies urged to avoid liability, WFS 8 (8/31/09)
– Privacy consequences, liability, ABA panel advises careful action, guidance, 892
– Social media policies, employers monitoring Facebook, MySpace sites offered tips on avoiding SCA, Title VII, NLRA liability, 761
– Spain

– – Internet, employer sanctions imposed, 809
– – Video surveillance, data protection agency issues guide restricting use, 221

– Text-messaging, laptops, social networking Web sites, updated employer policies and procedures urged to keep pace with new communication tools, summit, 302

ELECTRONICS INDUSTRY

– CRA Holdings, ERISA, underfunding, lifetime health benefits guaranteed under settlement accord, retiree's fiduciary breach claim advances (D. Conn.), 77
– Hitachi, health care fraud, money laundering, former HR manager sentenced to prison in $6M scheme (S.D.N.Y.), 1029
– Motorola, ERISA, amendment capping mental disability benefits not arbitrary or capricious, plan documents reasonably interpreted, conflict challenge rejected (7th Cir.), 916

EMERGENCY SERVICES

– Volunteer Firefighter and EMS Personnel Job Protection Act

See LEGISLATION, FEDERAL, S 1025

EMOTIONAL DISTRESS

– FELA, fear of cancer valid basis for damages where shown to be “genuine and serious,” $5M award overturned due to improper jury instruction (U.S., rvs), 598
– Mich., racial harassment, retail workers entitled to nominal damages only (6th Cir.), 297
– N.Y., sexual harassment, fault split evenly between physician and hospital, nurse awarded record $15M (N.Y. Sup. Ct.), 240
– Rape by coworkers, tort claims not arbitrable (5th Cir.), 1000

EMPLOYEE BENEFITS

See also specific benefits
– BLS reports

– – Annual data, 2009, 825
– – Total compensation costs, private sector, 2d quarter, 2009, 995

– Dogs-at-work, book discusses cost-effectiveness and impact on morale and productivity, 8
– Economic crisis

– – Cutbacks triggered by, 2008 Chamber report, 350
– – Mental health benefits increasing while employers scale back others, SHRM report, 751
– – Workers placing greater value on benefits, survey, 322

– Health insurance

See HEALTH INSURANCE
– – Retirees

See RETIREE HEALTH BENEFITS

– Mental health parity, plan amendments, year-end guidance, 1080
– Unionization has positive impact on family-friendly policies, report, 807
– Voluntary benefits, top trends, survey report, 1134

EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)

– Appointments and personnel changes, asst. sec'y of labor for employee benefits security, Borzi nominated, 320; nomination sent to Senate, 460; HELP panel approved, 741; full Senate approved, In Brief, 768
– Budget

– – FY2009, omnibus spending bill

See LEGISLATION, FEDERAL, HR 1105

– – FY2010

– – – Appropriations bill

See LEGISLATION, FEDERAL, HR 3293

– – – DOL budget request, overview, 488

– Defined benefit disclosure requirements under PPA, guidance issued, 151
– DOL semiannual regulatory agenda, overview, 515
– Enforcement, Borzi explains “criminal project,” current efforts, 993
– ERISA Advisory Council, speakers clash on pension fixes, overhaul, tweaking options summarized, 1021
– Investment advice, participant-directed accounts, DOL releases final rule, Rep. Miller (D-Cal) predicts harm to investors, vows to block, summary, 66; rule delayed to consider legal and policy issues, 318; final rule delayed again, In Brief, 572

EMPLOYEE POLYGRAPH PROTECTION ACT (EPPA)

– Bank violated bar on use of or reference to test results, but claimant manager failed to link to firing, anxiety problems, damages not shown (D.S.C.), 439
– Independent contractor misclassification, consequences of reclassifying contractors as employees, Viewpoint, 865
– Waiver not allowed under Act, arbitration pact no bar to statutory discharge claim (E.D. Va.), 161; service manager demoted after failing polygraph may proceed with firing claim, 635

EMPLOYEE STATUS

– FLSA, flight attendant trainees not employees, airline has no duty to pay wages during in-flight program (W.D. Wash.), 244
– Independent contractors

See INDEPENDENT CONTRACTORS

– Retiree health benefits, ERISA, oil firm workers hired through staffing agencies deemed eligible common law employees, claim revived as timely (S.D.N.Y.), 215

EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

– Employee Stock Ownership Plan Provision and Improvement Act

See LEGISLATION, FEDERAL, S 1612

– ERISA class actions, increased litigation presents myriad certification issues, attorneys debate current legal arguments, 1033

EMPLOYMENT AGENCIES

– Temporary work

See TEMPORARY AGENCIES

EMPLOYMENT AGREEMENTS

– At-will employee justly fired for refusal to sign new pay pact, “duress” finding reversed (Tenn. Ct. App.), 1058
– Breach, principal work location, travel requirements not barred under clause, ex-comptroller fired for insubordination not owed severance pay (7th Cir.), 327
– Confidentiality, temporary worker unlawfully fired for violating overly broad provision, NLRB 2-member ruling upheld (1st Cir.), 299
– Ill., temporary labor firms may seek ALL KIDS state-subsidized health insurance for employees' children, bill signed, In Brief, 880
– Md., claim challenging withholding of compensation to fund pension plan not preempted by ERISA (D. Md.), 1027

EMPLOYMENT AND TRAINING ADMINISTRATION (ETA)

– Budget

– – FY2009, omnibus spending bill

See LEGISLATION, FEDERAL, HR 1105

– – FY2010, DOL budget request, overview, 488; for further action, see LEGISLATION, FEDERAL, HR 3293

– DOL semiannual regulatory agenda, overview, 515
– Foreign labor certifications, ETA introduces iCERT portal system for electronic H-1B, PERM applications, 399
– Grants

See GRANTS

– H-2A, H-2B visa programs, FLSA may require relocation reimbursement, ETA withdraws Bush era interpretation, 319
– TAA, 2 proposed rules withdrawn, In Brief, 628
– Unemployment insurance, multi-state combined-wage claims, ETA guidance letter explains new rule, 97

EMPLOYMENT AT WILL

– Pa., sexual harassment, 4-employee threshold, small employer suit barred (Pa.), 828
– Refusal to sign new pay pact valid basis for discharge, “duress” finding reversed (Tenn. Ct. App.), 1058
– Tenn., at-will firing, advice to facilitate adoption violated hospital policy, HIPAA (Tenn. Ct. App.), 1114

EMPLOYMENT COST INDEX (ECI)

– Private sector data, BLS reports, 2008 4th quarter, 128; 2009 1st quarter, 463; March, 658; 2d quarter, 854

EMPLOYMENT ELIGIBILITY VERIFICATION

– E-Verify

– – Am. Recovery and Reinvestment Act

See LEGISLATION, FEDERAL, HR 1

– – Audits, fines, ICE focus on promoting employer compliance stressed by Morton, conference, 694
– – Cal. bill vetoed, 1105
– – Designated agent process, updates possible, USCIS seeks comments, In Brief, 684
– – DHS top priorities are “tough, smart enforcement,” E-Verify improvements, Napolitano tells Senate judiciary panel, 528
– – Directive to review errors, identity theft, detention facilities, DHS head Napolitano announces, 122
– – Employee Verification Amendment Act

See LEGISLATION, FEDERAL, HR 2679

– – Employers should consider use, weigh pros and cons, prepare for new I-9 forms, HR managers advised, 305
– – Extension

– – – Continuing resolution

See LEGISLATION, FEDERAL, HR 2918

– – – DHS appropriations, House and Senate bills

See LEGISLATION, FEDERAL, HR 2892, S 1298

– – – Omnibus spending bill

See LEGISLATION, FEDERAL, HR 1105

– – – Senate appropriations panel approves 3-year extension, 655; House appropriations panel clears 2-year extension, 655

– – Federal contractors, Chamber files suit challenging legality of executive order, rules mandating use (D. Md.), 9; final DOL rule delayed in wake of Chamber lawsuit, 36; postponement extended until May 21, 96; federal government postpones final DOL rule until June 30, 399; fourth delay issued, 596; DHS to implement mandate but rescind “no-match” rule, 736; Senate moves to block funding for DHS plan to rescind “no-match” rule, 737; increased usage under mandate not worrisome, but improvements needed, House panel told, 834; Chamber files for emergency injunction to block rule, 931; business groups' motion to block mandate denied (4th Cir.), 959; inspection of I-9 forms OFCCP duty, not program enforcement, 1030
– – I-9 forms

See I-9 FORMS

– – Identity theft a problem, policy group urges system improvements, three new pilot programs, 789
– – “Next generation” system, MPI report suggests reforms, pilot programs urged, 808
– – Secure America Through Verification and Enforcement (SAVE) Act

See LEGISLATION, FEDERAL, HR 3308

– – State and local laws

See specific states

– – USCIS Ombudsman reports program should be more user-friendly before use mandated, recommendations offered, 23

– E-Verify extension, DOL stopgap funding

See LEGISLATION, FEDERAL, HR 2996

– New Employment Verification Act (NEVA)

See LEGISLATION, FEDERAL, HR 2028

– Passport information from State Dep't. included in program, USCIS summarizes, 234
– SSA “no-match” rule

See SOCIAL SECURITY NUMBERS

– State laws, 150 immigration-related bills introduced in 2009 1st quarter, report, 470

EMPLOYMENT STANDARDS ADMINISTRATION (ESA)

– Budget

– – FY2009, omnibus spending bill

See LEGISLATION, FEDERAL, HR 1105

– – FY2010, appropriations bill

See LEGISLATION, FEDERAL, HR 3293

– Reorganization, DOL plans dismantling, 766

ENERGY PROVIDERS

See UTILITIES

ENGINEERING EMPLOYEES IN AEROSPACE (SPEEA)

– Boeing, commercial airplanes unit, 2d quarter job cuts planned, In Brief, 40

ENGINEERS

– Hard-to-fill jobs, Manpower 2009 talent shortage survey, 639
– Jones & Jordan Eng'g, ERISA, health plan premium contributions not remitted to insurer, fiduciary duty breached (S.D. W.Va.), 75

ENTERTAINMENT INDUSTRY

– Gibson Guitar, sexual orientation bias, entertainment rep fired after complaining of mockery by co-worker has retaliation claim, not bias (S.D.N.Y.), 408
– Milwaukee World Festival, ERISA, supplying medical reviewers with nonmedical history undercutting disability claim no abuse of discretion (7th Cir.), 1028
– Minimum wage, plaintiffs using pseudonym “4 Exotic Dancers” must reveal names to sue under FLSA, Cal. law (C.D. Cal.), 148
– Walt Disney Parks and Resorts, 1,900 salaried jobs cut, In Brief, 374

ENVIRONMENT

– Compass Envtl., principal work location, travel requirements not barred under pact clause, ex-comptroller fired for insubordination not owed severance pay (7th Cir.), 327
– Green jobs

See GREEN JOBS

EPPA

See EMPLOYEE POLYGRAPH PROTECTION ACT (EPPA)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)

– Administration

– – Appointments and personnel changes

– – – Chairman, Ishimaru, Griffin named for leadership roles, records summarized, 97; Earp resigns as commissioner, panel reduced to 3 members, 656; Pres. Obama announces intent to nominate Berrien, 764
– – – General counsel Cooper resigns, Lee steps in, In Brief, 124; Lopez nomination, 1160
– – – Vacant seat, Feldblum nomination sent to Senate, 990

– – Budget FY2009, omnibus spending bill

See LEGISLATION, FEDERAL, HR 1105

– Enforcement

– – ADEA, OWBPA, guidance issued, burgeoning bias, benefits cases analyzed, 780
– – Background checks, EEOC weighs guidance on use of criminal records, credit histories in employment decisions, 413
– – Caregiver employees, EEOC guidance offers best practices to avoid violations, lawsuits, 427
– – Caseload projected to reach record high, more staff, more funding required, HR professionals told, 862
– – Discrimination

See specific types of discrimination

– – FLSA, requiring EEOC employees to take compensatory time instead of overtime pay for excess hours worked willful violation (Arb., FMCS), 355
– – FY2008 bias charges reach record high, report, 261
– – Health insurance eligibility, county's Clinical Health Risk Assessment likely violates ADA, EEOC Op. Letter, 487
– – No-withdrawal substitution, authority to investigate Title VII violations exists independent of resolution by parties, subpoena enforceable (7th Cir.), 102
– – Pay bias compliance manual revised to conform with Ledbetter Act, In Brief, 907
– – Racial or sexual harassment, attorneys, officials address perpetrator identity challenges, Conference Report, 387
– – Systemic bias, Ishimaru advises attorneys on Bush-era challenges, agency evolution under Obama, best practices, 191
– – Women and minorities remain underrepresented, legal issues from job segregation discussed, Conference Report, 388

– Rules and regulations

– – ADA Amendments Act (ADAAA)

See AMERICANS WITH DISABILITIES ACT (ADA)

– – GINA

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– – Semiannual regulatory agenda, 514
– – Swine flu, technical assistance document on H1N1 preparedness compliant with ADA issued, 485

EQUAL PAY ACT (EPA)

– Fair Pay Act

See LEGISLATION, FEDERAL, HR 2151, S 904

– Home Depot, pay scale gender-neutral, qualifications and experience justified wage differences (N.D. Ohio), 268
– Lilly Ledbetter

– – Fair Pay Act

See LEGISLATION, FEDERAL, HR 11, S 181

– – Md., gov. signs Civil Rights Restoration Act, In Brief, 403

– Paycheck Fairness Act

See LEGISLATION, FEDERAL, HR 12, S 182

– Sex bias, retaliation, comparator and other evidence fails, dismissal upheld (2d Cir.), 829

EQUAL PROTECTION

– Reverse race bias, disparate impact clash, city firefighters' claim promotion test results rejected, too few minorities passed (U.S., rev grant), 36; implications for private employers, 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

EQUIPMENT AND TOOLS

– PPE

See PERSONAL PROTECTIVE EQUIPMENT (PPE)

ERGONOMICS

– Mich., Senate passes legislation to block state from finalizing rule proposal, 158
– Nurse and Health Care Worker Protection Act

See LEGISLATION, FEDERAL, HR 2381, S 1788

– OSHA

– – Hazards, agency urged to address while Senate health panel focuses on agency reform, conference, 187
– – Prevention of musculoskeletal disorders key to protecting older workers, speakers discuss aging work force, productivity, 747
– – Standard addressed “in some form” within a few years, Barab says, 748; Chamber strategy to discredit science, 1138
– – Violence hazards cited using general duty clause, AFSCME nurses told, 496; strict evidentiary requirements limit OSHA ability to cite employers for ergonomic hazards, 634

ERISA

– ADA, disabled retirees not qualified to perform essential duties lack standing to sue over pension cuts under Title I, ERISA proper vehicle (U.S., rev den), 709
– Anti-backloading, accrual rule violations not mooted by subsequent plan amendment (D.D.C.), 581
– Anti-cutback rule, death benefits are welfare benefits, not subject to rule, termination by plan amendment lawful (10th Cir.), 805
– Beneficiary disputes, barring waiver under valid QDRO, “plan documents” rule governs outcome, benefits properly paid to ex-wife (U.S.), 95
– Business Roundtable's 2009 policy and legislative agenda outlined, 183
– Calculation of post-1975 layoff benefits, DOL hour of service rule disregarded, Nabisco workers' claims advance (E.D. Pa.), 1002
– Cash balance plans

See CASH BALANCE PLANS

– Change-in-control, loss of stock options does not entitle constructive discharge claimant to enhanced benefits under plan (5th Cir.), 609
– Children's Health Insurance Program Reauthorization Act

See LEGISLATION, FEDERAL, HR 2, S 275

– Class actions, increased litigation presents myriad certification issues, attorneys debate current legal arguments, 1033
– Defined benefit disclosure requirements under PPA, EBSA issues guidance, 151
– Disclosure violations, §101(j), DOL final rule assesses civil penalties against plan administrators, 11
– DOL Advisory Council, speakers clash on pension fixes, overhaul, tweaking options summarized, 1021
– Dual-role administrator, amendment capping mental disability benefits not arbitrary or capricious, plan documents reasonably interpreted, conflict challenge rejected (7th Cir.), 916
– Fiduciary breach

See FIDUCIARY DUTY

– Independent contractors

– – Misclassification-related claims dismissed, entitlement requires identification as plan “participant” as well as “employee” (D. Mass.), 107
– – Status imposed to avoid paying benefits, insurance agents' challenge to reorganization, waiver revived (3d Cir.), 858

– Interference, §510

– – Deprivation scheme, lost benefits claim dismissed where claimants sought compensatory damages, not equitable relief (E.D. Mich.), 468
– – Gross misconduct and insubordination, director fired after disparaging remarks at staff meeting, no violation (8th Cir.), 663
– – Health insurance, worker fired after major surgery to prevent obtaining benefits may proceed with claim, failure to promote claim rejected (E.D. Pa.), 610
– – OWBPA retaliation rejected, severance pay properly denied where company lacked cash and part-time CFO fired for cause (2d Cir.), 467
– – Pension and welfare benefits, salesmen fired for violating firm's travel and entertainment expense policy, no violation (3d Cir.), 832
– – Retaliation, informal complaints against construction firm not protected, firing lawful (E.D. Pa.), 859
– – Staffing firm fired claimant for alleged disloyalty, not ERISA contributions complaint, no pretext shown (D. Or.), 525

– Medical reviewers lawfully supplied with nonmedical history undercutting disability claim, no abuse of discretion (7th Cir.), 1028
– Phantom account offset, refusal to allow repayment of prior distributions, remedy to pay more benefits to rehired Xerox workers upheld (U.S., brief filed), 233; deference to plan administrator, judicial discretion issues set for Oct. review (rev grant), 710
– Preemption

See PREEMPTION

– Retiree health benefits

See RETIREE HEALTH BENEFITS

– §502(c)(8), multiemployer plans, underfunding, DOL proposes civil penalties rule, 963
– Severance pay properly denied, stock trader offered comparable position with purchasing company (S.D.N.Y.), 750
– Target date funds, demographic factors to consider when selecting identified in EBRI study, 603
– U.S. Supreme Court docket, 2009-2010 term, Special Report, 1087

ESA

See EMPLOYMENT STANDARDS ADMINISTRATION (ESA)

ESOPs (EMPLOYEE STOCK OWNERSHIP PLANS)

– Employee Stock Ownership Plan Provision and Improvement Act

See LEGISLATION, FEDERAL, S 1612

ETA

See EMPLOYMENT AND TRAINING ADMINISTRATION (ETA)

EUROPEAN UNION (EU)

– Age bias banned, but mandatory retirement allowed for “legitimate social policy” (E.C.J.), 277
– Financial services, executive pay rules proposed, 810
– Medical leave, employees on extended sick leave must be paid for accumulated annual leave (E.C.R.), 137
– Undocumented workers, EU Parliament backs criminal sanctions against hiring firms, repeat offenders, 164

EVIDENCE

– ADEA

– – FedEx, application of “but-for” standard dooms couriers' case on remand from Supreme Court (S.D.N.Y.), 884
– – Indirect, use of McDonnell Douglas burden-shifting framework (1st Cir.), 1136
– – Praise, comments, notes, pretext (4th Cir.), 1164

– Burden of proof

See BURDEN OF PROOF

– Disabilities, admission of note reflecting settlement position was harmless error in light of request for damages at trial, verdict against quadriplegic claimant, EEOC affirmed (8th Cir.), 324
– E-discovery, federal rules impose risks on employers, pitfalls explained, Conference Report, 306
– PDA, FMLA, after-acquired proof of job-related misconduct properly rejected where no showing of relevance or factual basis, plaintiff's $50K judgment affirmed (10th Cir.), 240
– Protecting Older Workers Against Discrimination Act

See LEGISLATION, FEDERAL, HR 3721, S 1756

– Race bias, mixed-motive claimant denied promotion properly granted summary judgment (U.S., rev den), 542
– Witnesses

See WITNESSES AND TESTIMONY

EXECUTIVE COMPENSATION

– Bonus payouts declined, 2007-2008, survey, 405
– Business Roundtable's 2009 policy and legislative agenda outlined, 183
– Consultants, SEC proposed rule requires expanded fees disclosure, 769
– EU, financial services, pay rules proposed, 810
– Executive Excess 2009: America's Bailout Barons, annual report slams pay, calls for government curbs, 965
– Federal bailout limitations

See LEGISLATION, FEDERAL, HR 1664

– Interest rate used to calculate retirement benefits, firm estopped from lowering (N.D. Ga.), 76
– Pay limits set by Obama for firms receiving TARP aid, 121
– Performance-based pay, compliance with tax code §162(m) and §409A, 1133
– Performance metrics, peer group comparisons deemed faulty measure, problems cited, BNA interviews, 321
– Salary budgets, firms cutting and freezing 2009 base salaries, survey, 265
– Say-on-pay, boards of directors urged to look to model companies when revisiting, updates expected, 461
– Severance pay for CEOs topped $22M, FY2007 data, survey, 182
– Shareholder Bill of Rights

See LEGISLATION, FEDERAL, S 1074

– Stock options

– – Contractual rights, forfeiture, revenue goals (7th Cir.), 1167
– – Performance shares, incentive grant practices, 2009 Top 250 Report, 1106

– Temporary Economic Recovery Adjustment Panel

See LEGISLATION, FEDERAL, S 431

– 2009 Shareholder Empowerment Act

See LEGISLATION, FEDERAL, HR 2861

EXECUTIVE ORDERS

– Federal contractors

– – E-Verify, Chamber files suit challenging legality of use (D. Md.), 9; federal government agrees to delay implementation, 36; final DOL rule delayed in wake of suit filed, 36
– – Workers' rights, Obama issues 3 labor-friendly orders, summary, 117; 13496, DOL proposes rule requiring notification of NLRA rights, 847; OLMS seeks data related to rights poster, In Brief, 964

– Federal employees, text messaging ban, 1044
– Obama agenda on labor and employment law called aggressive, but pragmatic by ABA panelists, 863