Human Resources Report Index-Summary

FAA (FEDERAL ARBITRATION ACT)

See FEDERAL ARBITRATION ACT (FAA)

FAA (FEDERAL AVIATION ADMINISTRATION)

See FEDERAL AVIATION ADMINISTRATION (FAA)

FAIR CREDIT REPORTING ACT (FCRA)

– Equal Employment for All Act

See LEGISLATION, FEDERAL, HR 3149

FAIR LABOR STANDARDS ACT (FLSA)

– Bush-era opinion letters, DOL releases 40, withdraws 20, 262; correction, 292
– Child labor

See CHILD LABOR

– Compensation due upon discharge, bankruptcy dooms state law wage claim against three hotel managers, but federal claim revived (9th Cir.), 859
– Enforcement, litigation, claims being fueled by aggressive plaintiffs' bar, Labor Sec'y, SHRM conference, 725; correction, 741
– Fair Pay Act

See LEGISLATION, FEDERAL, HR 2151, S 904

– Family-Friendly Workplace Act

See LEGISLATION, FEDERAL, HR 933

– Living American Wage (LAW) Act

See LEGISLATION, FEDERAL, HR 3041

– Minimum wage

See MINIMUM WAGE

– On-call time

See ON-CALL TIME

– Overtime

See OVERTIME

FALSE CLAIMS ACT (FCA)

– Whistleblowers

– – Munitions handler's retaliation claim rejected, safety complaints not linked to belief in fraudulent payment (M.D. Fla.), 300
– – Off-label marketing, fired Pfizer VP's qui tam suit dismissed for want of causal link (S.D.N.Y.), 1056
– – Policies to reduce exposure to retaliation claims, minimize impact, attorneys advise on legal, practical concerns, preventive measures, Conference Report, 360

FAMILIES

– Work and family balance

See WORK/LIFE ISSUES

FAMILY AND MEDICAL LEAVE

– Domestic violence, Philadelphia ordinance approved, In Brief, 67
– Employee benefits, 2009, BLS report, 825
– EU court rules employees on extended sick leave must be paid for accumulated annual leave (E.C.R.), 137
– Family and Medical Leave Enhancement Act

See LEGISLATION, FEDERAL, HR 824

– FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Healthy Families Act

See LEGISLATION, FEDERAL, HR 2460, S 1152

– Military Family Leave Act

See LEGISLATION, FEDERAL, S 1441

– State labor legislation, 2008, DOL reports, 145
– Wis., sick leave, no statutory or constitutional right to jury trial for damage suits under state law (Wis.), 804

FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Airline Flight Crew Tech. Corrections Act

See LEGISLATION, FEDERAL, HR 912; LEGISLATION, FEDERAL, S 1422

– Arbitration, trucking firm's customer service rep not FAA-exempt, subject to valid accord, employer's participation in EEOC proceedings no waiver (8th Cir.), 749
– Balancing Act

See LEGISLATION, FEDERAL, HR 3047

– DOL revised regulations

– – HR Outlook, 2009, 33
– – Requirements, definitions, eligibility clarified, altered, Lipnic, attorneys summarize changes, operation of military caregiver leave, 61
– – “User-friendly” final rules will clarify court interpretations, increase communication, ABA panelists say, significant changes, military family leave discussed, 51

– Domestic violence, Philadelphia ordinance approved, In Brief, 67
– Eligibility

– – Equitable estoppel not applied where school worker relied on oral approval but had worked insufficient hours to qualify (1st Cir.), 889
– – Leave mistakenly granted, estoppel no bar to assertion of threshold defense where no reliance shown (6th Cir.), 775

– Evidence, after-acquired proof of job-related misconduct properly rejected where no showing of relevance or factual basis, $50K judgment affirmed (10th Cir.), 240
– Family and Medical Leave Enhancement Act

See LEGISLATION, FEDERAL, HR 824

– Family and Medical Leave Inclusion Act

See LEGISLATION, FEDERAL, HR 2132

– Family Leave Insurance Act

See LEGISLATION, FEDERAL, HR 1723

– FMLA restoration bill

See LEGISLATION, FEDERAL, HR 2161

– Hours of service, shortfall (U.S., rev den), 1076
– Independent contractor misclassification, consequences of reclassifying contractors as employees, Viewpoint, 865
– Interference

– – Adoption-related leave, pretext (4th Cir.), 232; (U.S., rev den), 1075
– – Daily call-in policy violated, hospital janitor lawfully fired (8th Cir.), 20
– – Leave verification policy allowing 3 days to provide medical documentation before firing unlawful interference, 15-day minimum required (S.D. Ohio), 663
– – Maternity leave, eligible worker has retaliation claim despite 50/75 rule (N.D. Ill.), 328
– – Property management executive fired during leave for hysterectomy raises pretext issue for jury, but religious bias rejected (10th Cir.), 915
– – Retroactive termination of health benefits, $85K judgment affirmed for consultant who gave birth to triplets (7th Cir.), 554
– – RIF, failure to reinstate (M.D. Fla.), 1137

– Living organ donations bill

See LEGISLATION, FEDERAL, HR 2776

– Medical certification, school aide who altered form lost leave rights even though otherwise eligible (7th Cir.), 382
– Notice lacking, steel worker who repeatedly called in while drunk lawfully suspended, demoted for absenteeism (8th Cir.), 945
– Notice of unforeseen leave must be given as soon as “practicable,” but no guaranteed allowance under new rule, Wage and Hour Op. Letter, 486
– Requests incomplete, reliance on one remark unreasonable, worker mistaken about leave approval properly fired for absenteeism (8th Cir.), 188
– Retaliation

– – Airline flight instructor with sleep apnea failed to link pursuit of leave to discharge, retaliation claim rejected (U.S., rev den), 429
– – Auto parts manager's firing triggered by foul mouth, demeaning treatment of subordinates, not leave requests (E.D. Mich.), 499
– – Drug test, failure to appear, firing lawful (6th Cir.), 831
– – Eligibility, firing unlawful (N.D. Ill.), 132
– – Lawn care sales rep not compelled to arbitrate discharge claim (M.D. Tenn.), 608
– – Leave request valid, sufficient basis for interference, retaliation claims (3d Cir.), 1018
– – Mixed motive, claim revived where school custodian's involuntary leave based on medical restrictions, excessive absences (6th Cir.), 943
– – “Negative certification,” employer may rely on medical documents despite evidence of qualifying condition, pregnant worker's claim rejected (M.D. Fla.), 243
– – PIP onerous, alcoholic manager fired after inpatient treatment program may sue under FMLA, but not ADA (10th Cir.), 160
– – Refusal to sign performance improvement plan, fired Ill. state worker lacks claim (7th Cir.), 382
– – Retroactive termination of health benefits, $85K judgment affirmed for consultant who gave birth to triplets (7th Cir.), 554
– – Sex bias, constructive discharge claim revived for UPS account executive mistreated after medical leave (10th Cir.), 215
– – Verdict favoring employee fired after taking protected leave consistent with Act, upheld (U.S., rev den), 64

– Serious misconduct, refusal to give up keys, passwords valid basis for firing executive during approved leave (7th Cir.), 916
– Unionization has positive impact on family-friendly policies, report, 807

FATALITIES

– Independent contractors, BLS to begin tracking numbers in 2011 to aid OSHA, lawmakers, 187

FCA

See FALSE CLAIMS ACT (FCA)

FCRA

See FAIR CREDIT REPORTING ACT (FCRA)

FEDERAL AGENCIES

See specific agencies and departments

FEDERAL ARBITRATION ACT (FAA)

– Arbitration of class claims allowable even where not mentioned in contract, AAA ruling upheld (U.S., rev grant), 654
– Racial and sexual harassment, employees who have not intervened in EEOC lawsuit brought on their behalf cannot be compelled to arbitrate claims (D. Ariz.), 499
– Trucking firm customer service rep not exempt, subject to valid arbitration accord, employer's participation in EEOC proceedings no waiver (8th Cir.), 749

FEDERAL AVIATION ADMINISTRATION (FAA)

– Mandatory retirement, final rule released raising pilot age limit, In Brief, 768
– Reauthorization bill

See LEGISLATION, FEDERAL, S 1451

– Rehab. Act, fired air traffic controller with knee injury, cancer was qualified individual with disability, entitled to accommodation (EEOC), 772

FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE (OFCCP)

– Appointments and personnel changes, Shiu tapped to head, DOL confirms, 850
– ARRA forum

– – Compliance evaluations distinguished from standard evaluations, pre-award clearance evaluations explained, 1003
– – DOL attorneys discuss effects of Ricci, ADA amendments on federal contractors, 1032

– Budget, FY2010, Obama releases outline, summary, 207; DOL budget request, overview, 488
– Contractor compensation enforcement, consultants discuss potential trends, Conference Report, 977
– DOL reorganization, ESA dismantled, direct reporting to Solis required, 766
– E-Verify, inspection of I-9 forms OFCCP duty, but not program enforcement, 1030
– Enforcement actions

See generally FEDERAL CONTRACTS AND CONTRACTORS

– Good Faith Initiative for Veterans Employment (G-FIVE) award, 5 recipients recognized, In Brief, 40
– Performance, FY2008, record recoveries for bias victims and systemic bias, 52
– Restructuring has benefits, costs, higher-profile OFCCP may shift emphasis from bias to affirmative action, attorney speculates on changes ahead, 893
– Settlements FY2007 reviewed, employer group's report urges more transparency in reporting, 330
– VEVRAA compliance, House panel examines OFCCP efforts to enforce contractor duties to veterans, hearing summary, 556

FEDERAL CONTRACTS AND CONTRACTORS

– ARRA compliance evaluations distinguished from standard evaluations, pre-award clearance evaluations explained, forum, 1003
– Beck rights, OLMS rescinds rule requiring employee notification of right not to join union, 346
– Bidding, new public-private job competitions halted under OMB Circular A-76, 291
– E-Verify program

See EMPLOYMENT ELIGIBILITY VERIFICATION

– Eagle Express, overtime, SCA coverage, FLSA suit (N.D. Ill.), 1113
– Gerber Prods., sex and race bias in hiring, $900K, entry-level jobs settle OFCCP charges, 907
– Kraft Foods Global, laborer jobs, pre-employment testing adversely impacted minority applicants, $227.5 settles OFCCP charges, 822
– Obama agenda on labor and employment law called aggressive, but pragmatic by ABA panelists, 863
– R&D Maint. Servs., age bias, pretext, voluntary quit question of fact for jury (S.D. Ala.), 885
– Text messaging ban, executive order signed, 1044
– USA Envtl., FCA, whistleblower's retaliation claim rejected, safety complaints not linked to belief in fraudulent payment (M.D. Fla.), 300
– Workers' rights, Obama issues 3 labor-friendly executive orders, summary, 117; posting notices, DOL proposes rule to implement E.O. 13496, 847; OLMS seeks data related to rights poster, In Brief, 964; analysis of comments on DOL proposed rule, 1069

FEDERAL EMPLOYEES

See also specific agencies and departments
– CSRS annuitants part-time work bill

See LEGISLATION, FEDERAL, S 469

– Domestic partner benefits

– – Benefits and Obligations Act

See LEGISLATION, FEDERAL, HR 2517, S 1102

– – Obama memorandum extends some benefits to same-sex partners, WFS 6 (6/29/09)
– – OPM seeks comments on proposed rules, In Brief, 1019

– Library of Congress, sex stereotyping, transsexual awarded nearly $500K where job offer rescinded after sex change disclosure (D.D.C.), 489
– Paid Parental Leave Act

See LEGISLATION, FEDERAL, HR 626, S 354

– Part-Time Reemployment of Annuitants Act

See LEGISLATION, FEDERAL, S 629

– Telework Enhancement Act

See LEGISLATION, FEDERAL, S 707

– Telework Improvements Act

See LEGISLATION, FEDERAL, S 1722

– U.S. Marshals Serv., ADA, hearing aid ban for court security officers lawful under business-necessity defense (11th Cir.), 241

FEDERAL EMPLOYERS' LIABILITY ACT (FELA)

– Damages, fear of cancer valid basis where shown to be “genuine and serious,” $5M award overturned due to improper jury instruction (U.S., rvs), 598

FEDERAL MEDIATION AND CONCILIATION SERVICE (FMCS)

– Budget FY2009, omnibus spending bill

See LEGISLATION, FEDERAL, HR 1105

– Employee Free Choice Act (EFCA)

See LEGISLATION, FEDERAL, HR 1409, S 560

FEDERAL RESERVE BOARD (FRB)

– Bernanke says recession likely over, but jobs will make slow comeback, 991
– Survey of economic forecasters, quarterly data, Fed. Reserve Bank of Philadelphia, 192

FEES

– Executive compensation consultants, SEC proposed rule requires expanded fees disclosure, 769
– 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

– Union dues

See DUES, UNION

FELA

See FEDERAL EMPLOYERS' LIABILITY ACT (FELA)

FIDUCIARY DUTY

– ERISA

– – Breach claim viable, Foot Locker worker misled about impact of cash balance conversion, age bias rejected (S.D.N.Y.), 1027
– – Citigroup, subprime crisis stock drop, where 401(k) plan mandate allowed no discretion, no fiduciary breach (S.D.N.Y.), 932; dismissal criticized, 1087
– – Contributions owed to multiemployer plans not “assets” triggering fiduciary status, but debts dischargeable in bankruptcy (2d Cir.), 527
– – Credit Lyonnais, years of service, oral promise (2d Cir.), 1086
– – Divestiture, sale of 401(k) participants' company stock on open market no breach, prudence test applies, not efficient market theory (1st Cir.), 133
– – Documentation of 401(k) investment options, decisions can help avoid litigation, report, 294
– – Excessive fees, no duty to disclose revenue sharing between service providers to 401(k) plan participants (7th Cir.), 189; ruling draws criticism, praise from ABA speakers, 220; (rehear den), 683; correction, 714
– – 401(k) Fair Disclosure and Pension Security Act

See LEGISLATION, FEDERAL, HR 2989

– – 401(k) Fair Disclosure for Retirement Security Act

See LEGISLATION, FEDERAL, HR 1984

– – Health plan premium contributions not remitted to insurer, engineering firm breached duty (S.D. W.Va.), 75
– – 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
– – Litigation, increase of class claims presents myriad certification issues, attorneys debate current legal arguments, 1033
– – Loyalty breach, undervaluing real estate created windfall for trustee/participant at expense of other participants (7th Cir.), 272
– – Noncompliance, Avon retiree has no breach claim where no showing of injury-in-fact (2d Cir.), 329
– – Reservation of rights clause allowed plan sponsor to amend benefits at any time, in any manner, but misrepresentation, breach claim advances (D. Colo.), 356
– – Retiree health plan amendment invalid, contribution changes fiduciary breach, claim advances (E.D. La.), 49
– – Stock drop

– – – Am. Elec. Power, imprudent investment, former employee's motion to intervene as lead plaintiff in breach class action granted (S.D. Ohio), 301
– – – Amgen, imprudence, ex-employee who cashed out of defined contribution plan has statutory, constitutional standing to sue (9th Cir.), 772
– – – Bank of Am., $55M settles Countrywide Fin. claims (C.D. Cal.), 878
– – – Bank of Am. sued over 401(k) losses from Countrywide, Merrill purchases (S.D.N.Y.), 134
– – – GE, class action, $40.15M settlement approved (N.D.N.Y.), 878
– – – Humana, flawed earnings projections (W.D. Ky.), 1086
– – – Huntington Bancshares, exposure through merger, retention of stock investment option during subprime crisis no breach (S.D. Ohio), 150
– – – Medtronic, inflated value, worker has no fiduciary breach claim (D. Minn.), 610
– – – Merck, class action, prudence claim certified, but not disclosure (D.N.J.), 150
– – – Merrill Lynch, $550M settles class actions over losses from subprime mortgage-backed investments (S.D.N.Y.), 66; settlement preliminarily approved, 373
– – – MoneyGram Intl., former cashed-out employees may sue over losses from firm's deep investment in mortgage-backed securities, ruling creates District split (D. Minn.), 317
– – – Motorola, inclusion of company stock in 401(k) plan no fiduciary breach, §404(c) protects (N.D. Ill.), 693
– – – NovaStar Fin., participant who cashed out of 401(k) plan has standing to sue over subprime-related losses (W.D. Mo.), 189
– – – Pilgrim's Pride, inflated value, nondisclosure, class suit alleges millions lost (E.D. Tex.), 75
– – – Tyco Intl., poor investment options, $70.5M settles class action (D.N.H.), 879; preliminary approval, 960

– – Underfunding, lifetime health benefits guaranteed under settlement accord valid basis for retiree's claim (D. Conn.), 77

FINANCIAL INSTITUTIONS

– Am. Intl. Grp. (AIG), SOX, jurisdiction, final administrative decision (S.D.N.Y.), 1141
– Bank of Am.

– – ADA, military veteran's regarded-as claim improperly dismissed, revived (3d Cir.), 409
– – ERISA, fiduciary breach

– – – Countrywide Fin., $55M settles stock drop claims (C.D. Cal.), 878
– – – Countrywide, Merrill purchases, stock drop suit alleges 401(k) losses (S.D.N.Y.), 134

– Cardinal Bankshares, accounting irregularities, whistleblowing CFO's claim properly dismissed, no SOX-related violations shown (U.S., rev den), 429
– Citigroup

– – ERISA

– – – Cash balance, fractional test, minimum accruals, computation, backloading (2d Cir.), 1140
– – – Subprime crisis stock drop, where 401(k) plan mandate allowed no discretion, no fiduciary breach (S.D.N.Y.), 932; dismissal criticized, 1087

– – Stock options, capital accumulation plan, forfeiture of partially vested shares purchased with voluntary deductions lawful under state law (Conn.), 49

– Credit Lyonnais, ERISA, years of service, oral promise (2d Cir.), 1086
– Economic crisis, ILO report warns of permanent job losses, wage stagnation, 222
– EU, executive pay rules proposed, 810
– Executive Excess 2009: America's Bailout Barons, annual report slams pay, calls for government curbs, 965
– First Natl. of Neb., ADA, unattainable production quota, failure to rehire employee with voice disorder suggest RIF was pretext, claim revived (8th Cir.), 296
– Huntington Bancshares, ERISA, exposure through merger, retention of stock investment option during subprime crisis no fiduciary breach (S.D. Ohio), 150
– Lehman Bros. Holdings, bankruptcy, PBGC takes over underfunded pension plan, In Brief, 684
– Schwab Capital Mkts., ex-sales trader who was offered comparable position with purchasing company properly denied severance pay (S.D.N.Y.), 750
– State Street Bank & Trust, ERISA, sale of employee-held W.R. Grace stock on open market no fiduciary breach, prudence test applies, not efficient market theory (1st Cir.), 133
– SunTrust Banks, 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
– TARP, Obama sets executive pay limits for firms receiving aid, 121
– Temporary Economic Recovery Adjustment Panel

See LEGISLATION, FEDERAL, S 431

– UMB Bank, ADA, evidence, admission of note reflecting settlement position was harmless error, verdict against quadriplegic claimant, EEOC affirmed (8th Cir.), 324
– Vanguard Grp., preclusion, §1981, same facts, Title VII dismissal bars (3d Cir.), 1110
– World Mortgage, FLSA claims not cognizable under ERISA despite effects of exemption on plan (M.D. Fla.), 721

FINANCIAL SERVICES

– Am. Express, 4,000 jobs cut in restructuring, In Brief, 546
– Edward Jones, diversity and inclusion initiative examined, Case Study, WFS 16 (9/28/09)
– FBL Fin. Servs., 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
– Janney Montgomery Scott, overtime, $288M in back pay, fees settles brokers' claims, approved (E.D. Pa.), 796
– J.P. Morgan Chase, ERISA, ex-employee who took full payout has standing to sue for notice deficiencies regarding negative impact of cash balance conversion (S.D.N.Y.), 50
– Merrill Lynch, ERISA, SEC, $550M settles class actions over losses from subprime mortgage-backed investments (S.D.N.Y.), 66; settlement preliminarily approved, 373
– MoneyGram Intl., ERISA, former cashed-out employees may sue over losses from firm's deep investment in mortgage-backed securities, ruling creates District split (D. Minn.), 317
– NovaStar Fin., ERISA, fiduciary breach, participant who cashed out of 401(k) plan has standing to sue over subprime-related stock drop (W.D. Mo.), 189
– PNC Fin. Servs. Group, workforce cut 10 percent following Natl. City acquisition, 125
– TARP, Obama sets executive pay limits for firms receiving aid, 121
– Temporary Economic Recovery Adjustment Panel

See LEGISLATION, FEDERAL, S 431

– Williams Capital Group, mandatory arbitration, fee-sharing clause not superseded by AAA rules requiring employer to pay, but goes against public policy, void and unenforceable, severable (N.Y. Sup. Ct. App. Div.), 525

FIREARMS

– Storage in locked vehicles on workplace lots

– – Arizona, 1079
– – Okla., 179

FIREFIGHTERS

– Conn., New Haven, reverse race bias, disparate impact clash, 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 on federal contractors discussed, forum, 1032
– D.C., religious bias, no-beard policy violates RFRA, safety argument rejected (D.C. Cir.), 269
– Ill., race bias in testing, continuing violation rejected, Chicago applicants' EEOC charge untimely, judgment vacated (U.S., brief invited), 543; timeliness of test-based hiring claims (rev grant), 1041
– Ind., female fails to show sex or disability bias, due process violation in repeated driving and fitness-for-duty evaluations, sex-plus bias not addressed (7th Cir.), 941
– Mich., sexual harassment, fire marshal's actions, remarks to dispatcher not severe, pervasive enough for hostile environment (6th Cir.), 325
– Volunteer Firefighter and EMS Personnel Job Protection Act

See LEGISLATION, FEDERAL, S 1025

FIRST AMENDMENT

– Exorcism of “demonically oppressed” co-worker's cubicle, fired university workers may have free exercise claim (N.D. Tex), 370

FITNESS INDUSTRY

– Life Time Fitness, FLSA, deductions from base pay to reclaim bonuses already paid affects salary basis, overtime-exempt status (6th Cir.), 553

FLEXIBLE SPENDING ACCOUNTS (FSAs)

– Economy-driven furloughs, impact analyzed, 593
– Health care reform, nonprofit group works to preserve pre-tax FSAs excluded from House bill, Analysis, 873

FLEXIBLE WORK SCHEDULES

– Implementation, managers must identify “flexstyles” of workers to succeed, Conference Report, 640
– Policies, impact on employee health, absences, health care costs discussed, 582
– Scheduling, hours, location, flex arrangements can benefit employers and workers at all income levels, speakers explain, 751
– Shriver Report, changing demographics, women in workplace, 1142
– UK, law expanded to 4.5 million parents, 371
– Workplace flexibility can help employers weather recession, witnesses tell Joint Economic Committee, public policy should encourage, 833

FLIGHT ATTENDANTS (AFA)

– Airline Flight Crew Tech. Corrections Act

See LEGISLATION, FEDERAL, HR 912

FLORIDA

– Labor legislation, 2008, DOL reports, 145
– Sexual harassment, Orange County deputy sheriff who declined post failed to show promotions bias, constructive discharge (U.S., rev den), 38

FLSA

See FAIR LABOR STANDARDS ACT (FLSA)

FMCS (FEDERAL MEDIATION AND CONCILIATION SERVICE)

– Budget FY2009, omnibus spending bill

See LEGISLATION, FEDERAL, HR 1105

– Employee Free Choice Act (EFCA)

See LEGISLATION, FEDERAL, HR 1409, S 560

FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

FOIA

See FREEDOM OF INFORMATION ACT (FOIA)

FOOD AND COMMERCIAL WORKERS (UFCW)

– Pharmacy Local 770, Kaiser Permanente to cut jobs in Cal., cites declining enrollment, In Brief, 908
– Wal-Mart, push for unionization revved up following Obama election, 501

FOOD PRODUCTS

– Agriculture

See AGRICULTURE

– Bimbo Bakeries, pregnancy bias, $3.4M award upheld for delivery driver fired after notifying employer (Cal. Ct. App.), 459
– Combustible Dust Explosion and Fire Prevention Act

See LEGISLATION, FEDERAL, HR 849

– Dairy Fresh Foods, racial harassment, retaliation, prompt remedial action negates claims of black worker called Cornelius after movie ape (E.D. Mich.), 660
– Del Monte, clothes changing, breaks, compensation of minimum wage workers (Or. Cir. Ct.), 1114
– Gerber Prods., sex and race bias in hiring, $900K, entry-level jobs settle OFCCP charges, 907
– Interstate Brands, race bias, garage mechanic subjected to slurs by supervisors may pursue harassment, retaliation claims, affirmative defense rejected (E.D.N.Y.), 522
– Kraft Foods Global, laborer jobs, pre-employment testing adversely impacted class of minority applicants, $227.5 settles OFCCP charges, 822
– Meatpacking

See MEATPACKING

– Mich. Agric. Commodities, ADA regarded-as claim fails for fired grain elevator worker, seizures direct threat, not substantial limitation (E.D. Mich.), 129
– Nestle Prepared Foods, FLSA, DOL probe triggers $5.1M in back pay for time spent donning and doffing, 67
– Poultry processing

See POULTRY PROCESSING

– SK Food, illegal workers intentionally hired to depress wages of legal workers, RICO class certified (E.D. Cal.), 581
– Weaver Popcorn, ADEA, shift leader fired for violating new zero-tolerance chemical hazard policy, no pretext, comparators shown (S.D. Ind.), 746

FOOD SERVICES

– Barback is tipped employee similar to busboy, minimum wage tip credit applies, Wage and Hour Op. Letter, 291
– Brinker Intl., FLSA, food expediters unlawfully included in tip pool with servers (S.D. Tex), 357
– Cornett Mgmt., sexual harassment, costs related to Hooters manager's strip-search of female employees excluded from insurance coverage (4th Cir.), 721
– Cracker Barrel, sexual harassment and retaliation, EEOC suit settled (E.D. Tenn.), 372
– El Palenque Mexican Rest. & Cantina, undocumented kitchen worker's claim he used fake identity for overtime hours not credible (S.D. Tex), 190
– Golden Gate Restaurant Ass'n, San Francisco fair share health care 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; brief filed, 933
– Houston's, privacy, SCA, MySpace postings (D.N.J.), 1085
– J.H. Hein d/b/a Maxi's Food & Spirit Barn, PDA, EEOC claim proceeds (N.D. Ind.), 718
– Kansas City Club, wrongful discharge, chef fired for child support order violated public policy, common-law claim revived (Mo. Ct. App.), 1057
– McDonald's, sexual harassment, constructive notice, imputed liability rejected where claimant harassed by co-worker, not supervisor (3d Cir.), 913
– Nobu, FLSA, tip pooling, class of waiters, bus staff, bartenders seek final approval of $2.5M settlement (S.D.N.Y.), 149
– Ollie's Noodle Shop and Grill, $2.3M settles state wage and hour claims against owner of 9 NYC restaurants, federal lawsuit pending (S.D.N.Y.), 289
– Outback Steakhouse, disability bias, worker fired after MS episode showed safety rationale may be pretext, Mass. claim revived (1st Cir.), 912
– Papin Enters., religious bias, nose ring worn “for religious reasons” violated Subway franchisor's policy, but EEOC accommodation claim will go to jury (M.D. Fla.), 436; EEOC firing claim rejected, relief denied, 876
– Starbucks

– – Cost controls, company raises employee premiums on health insurance, matches 401(k) contributions, 823
– – Job cuts, store closures announced, In Brief, 98
– – Tip pooling among baristas, shift supervisors, and “shift leads” lawful, $105M restitution order reversed, appeal planned (Cal. Ct. App.), 597; award overturned on appeal, upheld (Cal.), 991
– – Workers Union expects certification for Quebec City outlet, 809

– Subway, Title VII retaliation (M.D.N.C.), 718

FOREIGN WORKERS

– Discrimination

See NATIONAL ORIGIN DISCRIMINATION

– Hiring, 2009 quota imposed

– – Russia, 166
– – Spain, 166

– Undocumented

See UNDOCUMENTED WORKERS

– Visas

See VISAS

FORMS

– DOL semiannual regulatory agenda, overview, 515
– I-9

See I-9 FORMS

– LMRDA, union financial disclosure

See LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT (LMRDA)

– 941, COBRA, DOL Web page explains ARRA stimulus provisions, 206
– W-2 form, COBRA, new payment reporting not required, conference, 321

401(k) PLANS

– Automatic enrollment, IRS issues final rule implementing PPA, summary, 206; timing of rule could dampen employer participation, 238
– Economic crisis impact

– – Majority of plans unchanged, but employee emergency loans increasing, HR, benefit groups' survey shows, 293
– – Market collapse slashes balances, employer matching, retirement center reports, summary, 238

– Economy-driven furloughs may impact participation eligibility, Analysis, 593
– Fair Disclosure and Pension Sec. Act

See LEGISLATION, FEDERAL, HR 2989

– Fair Disclosure for Retirement Sec. Act

See LEGISLATION, FEDERAL, HR 1984

– Financial hardship

– – Evidence, need for proof of substantial business hardship requirement to justify suspending employer contributions questioned, hearing, 1050
– – Safe harbor, IRS proposes rules to allow midyear suspension or reduction of non-elective contributions, summary, 548
– – Withdrawal rules, GAO recommends changes to prevent leakage, safeguard funds, 1050

– Inadequate retirement savings more likely for African Americans, Hispanics, study shows, 770
– Investment advice, DOL releases final rule for fiduciaries, Rep. Miller (D-Cal) predicts harm to investors, vows to block, summary, 66
– Low inflation may lower 2010 contribution limits, report, 938
– Matching contributions

– – Covering plan expenses more challenging in recession, conferees told ERISA preemption, conflicts of interest critical issues as litigation rate climbs, Conference Report, 334
– – Cuts, suspensions have devastating impact on retirement savings, reports, 537
– – Hiatus could save employers millions but reduce employee contributions, Hewitt analysis, 403
– – Recession, one-third of firms plan to change policies, survey, 685
– – Restoration of cuts expected by some employers, survey, 910
– – Starbucks, memo, 823

– Participation, defined contribution plan primary retirement vehicle for many, employers seek to cut costs, curtail enrollment, EBRI report, 210
– Retirement savings, Obama releases rulings, notices designed to boost input, 963
– Savings Recovery Act

See LEGISLATION, FEDERAL, HR 2021

– 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
– Transfer activity minimal during market volatility, equity values declined, discussion, 127
– Women, policymakers urged to consider needs of female workers, spouses, brief, 520

FRANCE

– Influenza preparation, business continuity plans, data protection authority exemption allows collection of limited employee data, 1019

FRAUD

– FMLA, school aide who altered medical certification form lost leave rights even though otherwise eligible (7th Cir.), 382
– Health care, money laundering, former HR manager sentenced to prison in $6M scheme (S.D.N.Y.), 1029
– OSHA Outreach Training Program, new procedures developed to probe fraud, abuse by independent trainers, 607

FREEDOM OF INFORMATION ACT (FOIA)

– Pay equity, Chamber decries removal of DOL-commissioned wage gap study from Internet, files FOIA request, 135

FREEDOM OF SPEECH

– Exorcism of “demonically oppressed” co-worker's cubicle not protected speech or public concern, but briefs sought on free exercise (N.D. Tex), 370
– Retaliation, independent investigation, firing decision by boss precludes biased subordinate's personal liability, verdict favoring claimant vacated (9th Cir.), 185

FRINGE BENEFITS

– Am. Recovery and Reinvestment Act

See LEGISLATION, FEDERAL, S 1

– Cellular phones, comments on substantiation procedures sought, 630; lawmakers, business leaders laud IRS statement on tax update, 686
– Inflation, 2010, impact on benefits, tax rates, 1133
– Transportation expenses

See TRAVEL AND TRANSPORTATION EXPENSES

FSAs

See FLEXIBLE SPENDING ACCOUNTS (FSAs)

FURLOUGHS

– Economic crisis, impact on pensions, health care, and fringe benefits, Analysis, 593