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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

    E-MAIL
      – Communication technology speeds ahead, attorneys cautioned to stay informed, ConfRpt, 361
      – Data security during downsizing, survey finds departing employees steal sensitive company data, perceptions influence behavior, 246
      – E-discovery, federal rules impose risks on employers, pitfalls explained, ConfRpt, 306
      – 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
    EBSA
    ECI
    ECONOMIC ACTIVITY
      – Am. Recovery and Reinvestment Act
        See LEGISLATION, FEDERAL, HR 1
      – China, growth slowed in 4th quarter 2008, BLS data, 138
      – Layoffs
      – Recession, top firms keep workers engaged during pay freezes, layoffs, cutbacks, ConfRpt, 614; correction, 628
    ECONOMIC OUTLOOK
      – Blue Chip survey, analysts cut 2009 GDP forecast, predict 1st quarter drop, 2d-half growth, 149
      – BNA survey forecast, 2009, Special Report, 25
      – China, migrant workers, 20 million job losses due to slow international demand for products, 165
      – 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
      – HR Outlook, 2009, 33
      – Labor market activity
      – Layoffs
      – Monetary policy, HR Analysis, 2009, 33
      – Natl. Ass'n for Bus. Econ. (NABE)
        – – Industry Survey, Jan., 2009, 108; Feb., 219
        – – Stimulus will boost economy as year progresses, analysts say, 613
      – 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
        – – 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
        – – 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 quarterly forecast, 695
      – Survey of Prof'l Forecasters, 2009 1st quarter, 192
    EDUCATION
      – America's youth at 21, BLS report links education to jobs, offers demographic breakdown, 108
      – College graduates
        – – Hiring advice offered, common mistakes discussed, survey, 428
        – – Natl. Ass'n of Colleges and Employers (NACE)
          – – – Job Outlook 2009 Spring Update, survey, 274
          – – – Salary offer stagnates in cooling job market, survey, 154
        – – 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
      – Middle-skill jobs report finds demand will stay robust relative to supply, summary, 246
    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)
    EDUCATIONAL INSTITUTIONS
      – Benedict Coll., race bias, historically black college settles EEOC claims on behalf of fired white faculty for $165K (D.S.C.), 402
      – 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
      – Sauganash Elem. Sch., PDA, teacher's timeline shows nonrenewal of contract may be bias, not retaliation, FMLA interference claims dismissed (N.D. Ill.), 130
      – Univ. of Alaska, USERRA jurisdiction defined by statute, retaliatory discharge suit against state entity within purview of state court, not federal, sovereign immunity not at issue (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., 1st 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
    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
      – Spain, data protection agency issues guide restricting employer video surveillance, 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
    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
    EMPLOYEE BENEFITS
      See also specific benefits
      – Dogs-at-work, book discusses cost-effectiveness and impact on morale and productivity, 8
      – Economic crisis
        – – Cutbacks triggered by, 2008 Chamber report, 350
        – – Workers placing greater value on benefits, survey, 322
      – Health insurance
    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
      – Budget
        – – FY2009, omnibus spending bill
          See LEGISLATION, FEDERAL, HR 1105
        – – FY2010, DOL budget request, overview, 488
      – Defined benefit disclosure requirements under PPA, guidance issued, 151
      – DOL semiannual regulatory agenda, overview, 515
      – 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
      – 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
      – 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
    EMPLOYMENT AGENCIES
    EMPLOYMENT AGREEMENTS
      – 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
    EMPLOYMENT AND TRAINING ADMINISTRATION (ETA)
      – Budget
        – – FY2009, omnibus spending bill
          See LEGISLATION, FEDERAL, HR 1105
        – – FY2010, DOL budget request, overview, 488
      – DOL semiannual regulatory agenda, overview, 515
      – Foreign labor certifications, ETA introduces iCERT portal system for electronic H-1B, PERM applications, 399
      – 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 COST INDEX (ECI)
      – Private sector data, BLS reports, 2008 4th quarter, 128; 2009 1st quarter, 463; March, 658
    EMPLOYMENT ELIGIBILITY VERIFICATION
      – E-Verify program
        – – Am. Recovery and Reinvestment Act
          See LEGISLATION, FEDERAL, HR 1
        – – Audits, fines, ICE focus on promoting employer compliance stressed by Morton, conference, 694
        – – 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
          – – – 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
        – – I-9 forms
        – – State and local laws
          See specific states
        – – USCIS Ombudsman reports program should be more user-friendly before use mandated, recommendations offered, 23
      – 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” letters, DHS granted time extension to review final rule before court filings due in labor, advocacy groups' challenge (N.D. Cal.), 679
      – 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
    ENERGY PROVIDERS
    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
      – 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
    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
          – – – General counsel Cooper resigns, Lee steps in, In Brief, 124
        – – Budget FY2009, omnibus spending bill
          See LEGISLATION, FEDERAL, HR 1105
      – Enforcement
        – – 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
        – – 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
        – – Racial or sexual harassment, attorneys, officials address perpetrator identity challenges, ConfRpt, 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, ConfRpt, 388
      – Rules and regulations
        – – ADA Amendments Act, EEOC working to produce proposed rules, officials tell ABA, retroactivity unlikely, 415; proposed rule approved, sent to OMB for review, 652
        – – GINA, EEOC releases proposed regulations implementing bias ban, summary, comments sought, 203; comments summarized, employers and groups offer varied advice on proposed rule, 509
        – – 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
    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, Analysis, 397; (oral arg) Special Report, 446
    EQUIPMENT AND TOOLS
    ERGONOMICS
      – General duty clause will be used to cite violations, OSHA official tells AFSCME nurses, 496; strict evidentiary requirements limit OSHA ability to cite employers for hazards, 634
      – Mich., Senate passes legislation to block state from finalizing rule proposal, 158
      – Nurse and Health Care Worker Protection Act
        See LEGISLATION, FEDERAL, HR 2381
      – OSHA urged to address hazards while Senate health panel focuses on agency reform, conference, 187
    ERISA
      – Anti-backloading, accrual rule violations not mooted by subsequent plan amendment (D.D.C.), 581
      – 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
      – 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
      – Defined benefit disclosure requirements under PPA, EBSA issues guidance, 151
      – Disclosure violations, §101(j), DOL final rule assesses civil penalties against plan administrators, 11
      – Fiduciary breach
      – Independent contractor misclassification-related claims dismissed, entitlement requires identification as plan “participant” as well as “employee” (D. Mass.), 107
      – 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
        – – Staffing firm fired claimant for alleged disloyalty, not ERISA contributions complaint, no pretext shown (D. Or.), 525
      – Phantom account offset, refusal to allow repayment of prior distributions, remedy to pay more benefits to rehired Xerox workers upheld (U.S., brief sought), 233
      – Preemption
      – Retiree health benefits
      – Target date funds, demographic factors to consider when selecting identified in EBRI study, 603
    ESA
    ETA
    EUROPEAN UNION (EU)
      – Age bias banned, but mandatory retirement allowed for “legitimate social policy” (E.C.J.), 277
      – 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
      – 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, ConfRpt, 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
      – Race bias, mixed-motive claimant denied promotion properly granted summary judgment (U.S., rev den), 542
      – Witnesses
    EXECUTIVE COMPENSATION
      – Bonus payouts declined, 2007-2008, survey, 405
      – Business Roundtable's 2009 policy and legislative agenda outlined, 183
      – 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 metrics, peer group comparisons deemed faulty measure, problems cited, BNA interviews, 321
      – 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
      – Surveys find firms cutting salary budgets and freezing 2009 base salaries, 265
      – Temporary Economic Recovery Adjustment Panel
        See LEGISLATION, FEDERAL, S 431
      – 2009 Shareholder Empowerment Act
        See LEGISLATION, FEDERAL, HR 2861
    EXECUTIVE ORDERS
      – Federal contractors, workers' rights, Obama issues 3 labor-friendly orders, summary, 117
      – 12989, E-Verify, Chamber files suit challenging legality of federal contractor use (D. Md.), 9; federal government agrees to delay implementation, 36; final DOL rule delayed in wake of suit filed, 36

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