Human Resources Report Index-Summary

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

See EMPLOYMENT ELIGIBILITY VERIFICATION

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
– Layoffs

See 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

See GREEN JOBS

– HR Outlook, 2009, 33
– Labor market activity

See LABOR MARKET

– Layoffs

See 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

– 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

– 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

See HEALTH INSURANCE
– – Retirees

See RETIREE HEALTH BENEFITS

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

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

EMPLOYMENT AGENCIES

– Temporary work

See TEMPORARY 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

See 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

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
– 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
– – – 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

– PPE

See PERSONAL PROTECTIVE EQUIPMENT (PPE)

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

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

– 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

See FIDUCIARY DUTY

– 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

See PREEMPTION

– Retiree health benefits

See RETIREE HEALTH BENEFITS

– Target date funds, demographic factors to consider when selecting identified in EBRI study, 603

ESA

See EMPLOYMENT STANDARDS ADMINISTRATION (ESA)

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
– 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

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, 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

See WITNESSES AND TESTIMONY

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