Human Resources Report Index-Summary

H1N1 VIRUS

– Aerosol rule, enforcing CDC guidance among OSHA options to address, official tells Nurses Congress, 496
– Employer emergency plans tested, experts urge communicating best practices, Analysis, 453
– Employer practices, prevention policies, survey, 486
– N95 respirators

– – CDC guidance, revisions, 1100
– – IOM recommendations, 970

– On-site flu shot programs, employers urged to continue, Analysis, 817
– Preparation

– – ADA compliance, technical assistance document, EEOC issues, 485
– – Business reference guide available, 999
– – Compensation and benefits, WFS 24 (10/12/09)
– – Hospitals ill-prepared to protect nurses, CNA survey, 914
– – Nondiscrimination, ADA application, WFS 16 (10/12/09)
– – OSHA releases worker safety and health guidance, 496; Web-based tracking tool in preparation for fall, summit, 774
– – Policies and practices, WFS 6 (10/12/09)
– – Response, flu season guidance issued by 4 federal agencies, 904
– – Sample employer policy, WFS 38 (10/12/09)

– Staffing and productivity challenges facing employers, Analysis, 943
– States, hospitals, unions, divided opinions, overview, 1097
– Vaccinations

– – CNA opposes mandatory policy, voluntary shots urged, 1097
– – Dual vaccines, CDC recommendation, 1097
– – EMS workers identified by CDC for first round, summary, 857
– – Incentives, marketing firm offers, 1075
– – N.Y., health care workers, mandatory vaccinations, TRO (N.Y. Sup. Ct.), 1129

HARASSMENT

– Ethnic

See NATIONAL ORIGIN DISCRIMINATION

– Racial

See RACIAL HARASSMENT

– Sexual

See SEXUAL HARASSMENT

HAWAII

– Labor legislation, 2008, DOL reports, 145
– Organizing, gov. card check veto overrode, In Brief, 768

HAZARDOUS OCCUPATIONS

– Injuries and illnesses, OSHA developing emphasis program to examine reporting accuracy, 326; program launches in Aug., 830; effective date Sept. 30, 1047

HAZARDOUS SUBSTANCES

– Combustible dust

– – Explosion and Fire Prevention Act

See LEGISLATION, FEDERAL, HR 849

– – OSHA rulemaking, advance notice, 1139

– Diacetyl

– – OSHA withdraws rule, seeks small business advocacy review panel, 298
– – Popcorn plant shift leader fired for violating new zero-tolerance chemical hazard policy, no ADEA pretext, comparators shown (S.D. Ind.), 746

– Formaldehyde, exposed industrial workers at higher cancer risk, Cancer Inst. study shows, 607
– Globally Harmonized Sys. of Classification and Labeling of Chemicals, OSHA sends rule for OMB review, In Brief, 572; rule to align with GHS proposed, 1054
– Hexavalent chromium

– – NIOSH draft criteria document recommends slashing airborne limit, 104
– – OSHA permissible exposure limit properly explained, adequately supported by administrative record (3d Cir.), 214

– Occupational exposures numbers rising, but OSHA health inspections fewer, PEER study, 1055

HEALTH AND HUMAN SERVICES DEPARTMENT (HHS)

– Budget, FY2010, appropriations bill

See LEGISLATION, FEDERAL, HR 3293

– H1N1 virus, preparation, response, flu season guidance issued by 4 federal agencies, 904
– Mental health parity rules, 2010 release goal set, In Brief, 1079
– Reproductive services, rights of conscience

– – Conn. AG sues to block HHS rule barring bias against health care workers with religious or moral objections (D. Conn.), 65
– – OMB reviewing proposed regulation to rescind Bush-era rule, comments summarized, 235; rescission proposed due to opponents' concerns, comments sought, 259

HEALTH CARE INDUSTRY

– Equipment and supplies

See MEDICAL TECHNOLOGY

– HMOs

See HEALTH MAINTENANCE ORGANIZATIONS (HMOs)

– Hospitals

See HOSPITALS

– Insurance

See HEALTH INSURANCE

– Nurses

See NURSES

– Pharmacies

See PHARMACIES

– Physicians

See PHYSICIANS

– Training grants

See GRANTS

HEALTH INSURANCE

– Aetna, proof of claim, unpaid retiree benefits, priority claim status requires service to employer within 180 days prior to bankruptcy (9th Cir.), 527
– Benefit cutbacks planned by small firms, majority of workers anxious about medical expenses, AFLAC studies, 715
– Children's Health Insurance Program Reauthorization Act

See LEGISLATION, FEDERAL, HR 2, S 275

– COBRA

See CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)

– Consumer-directed health plans appeal more to private than public sector, survey, 99
– Copayment hikes linked to delayed treatment for chronic illnesses, study finds, 492
– Costs

– – Eligibility audits used by more employers in effort to manage costs, survey, 209
– – Employer-based plans

– – – Family plans, 2008 data, 825
– – – Premiums, projections for 2020, report, 938

– – Employer Health Benefits Survey, Kaiser/HRET reports, 994
– – Hikes expected to stabilize, survey, 209
– – Medical spending rose in 2008-2009, report, 547
– – National spending growing at slowest pace since 1998, study, 13
– – Recession, letter outlines ways group health plans can mitigate effect on budget, avoid increases, 434
– – Segal Health Plan Cost Trend Survey, 2010 forecast, In Brief, 937
– – Towers Perrin survey, 2010, 1106
– – 2010, 9 percent hikes expected, report, 685

– Coverage varies by age, employment status, demographic analysis, Census Bureau report, 1022
– Economic crisis, benefits hold greater value for employees during downturn, survey, 322
– Economic stimulus package, large employer group outlines priorities to include information technology adoption, COBRA subsidies, 42
– Economy-driven furloughs may impact eligibility, Analysis, 593
– Eligibility, county's Clinical Health Risk Assessment likely violates ADA, EEOC Op. Letter, 485
– Employee benefits, 2009, BLS report, 825
– ERISA

– – CIGNA, cash balance conversion, notice deficiencies, “wear away” effects, remedies (2d Cir.), 1112
– – Fiduciary duty breach, ERISA, engineering firm failed to remit premium contributions to insurer (S.D. W.Va.), 75
– – Humana, stock drop, flawed earnings projections (W.D. Ky.), 1086

– Flexible workplace policies, impact on employee health, absences, costs discussed, 582
– FMLA, retroactive termination of benefits unlawful interference, retaliation, judgment affirmed (7th Cir.), 554
– GINA compliance

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– HMOs

See HEALTH MAINTENANCE ORGANIZATIONS (HMOs)

– HSAs

See HEALTH SAVINGS ACCOUNTS (HSAs)

– Ill., bill allows temporary labor firms to seek ALL KIDS state-subsidized health insurance for employees' children, In Brief, 880
– Independent contractors, consequences of reclassifying contractors as employees, Viewpoint, 837
– National origin bias, $4.3M settles EEOC claim for underpaid Hispanic workers denied promotions, benefits (S.D.N.Y.), 319
– 90-day waiting period, nursing home acted properly, written terms trump oral agreement (E.D. Ark.), 329
– Nonfarm private industry, 2009 benefits, costs and coverage, BLS data, 1049
– Private sector, Obama meets with employer, union reps to discuss innovative workplace initiatives, 519
– Racial and ethnic health disparities costly, employers need better data, strategies to reduce effects, issue brief explains, 434
– Reform

– – America's Affordable Health Choices Act

See LEGISLATION, FEDERAL, HR 3200

– – Business, labor, AARP join in overhaul coalition, launch grassroots education campaign, 70
– – Cal., Healthy San Francisco employer mandate

See CALIFORNIA

– – Changes would boost GDP, reduce joblessness, Council of Econ. Advisors says, 602
– – Concepts should be based on strength of employer-based system, eschewing mandates, Am. Benefits Council report, 69
– – Corporate benefit executives urge no change to tax exclusion, fear lawmakers may ignore their priorities in overhaul, survey, 716
– – Cost hikes place U.S. firms at competitive disadvantage with global competitors, Business Roundtable report, 294
– – Cost-saving actions, employers expected to shift costs to employees in 2010, Mercer survey, 994
– – Coverage, focus on controlling costs and expanding access to private insurance essential, paper released, 573
– – HR Outlook, 2009, 33
– – Impact, surveyed employers vow to slash jobs, benefits if overhaul increases costs, summary, 1021
– – Legal issues and possible solutions identified, GU papers, 350
– – Legislation, enactment by end of 2009, Obama stresses importance, summit, 231; Kennedy (D-Mass) proposal would contain individual and employer mandates, briefing paper, 599; Senate HELP panel releases draft, Affordable Health Choices Act, summary, 624; House Democrats release framework with mandates, insurance market provisions, 632; business groups united in opposition to key provisions in proposals, divided on details, Analysis, 677; Senate HELP panel markup continues, models of employer mandates included, 681; draft bill released, requires employers to offer benefits or pay fee, summary, 682; section-by-section summary of reform bill includes several employee, employer-related provisions, 711; Senate HELP panel approved Affordable Health Choices Act with employer mandate, public plan option, 764; Baucus (D-Mont) $856B proposal set for finance panel markup next week, summary, 992; Kerry/Bingaman amendment would replace free-rider provision with broader employer mandate, debate begins, 1019
– – Mass., Shared Responsibility, cost distribution unchanged under new law, report, 376
– – Pay-as-you-go approach requires more flexibility to cover offsets, long-term savings, budget panels advised, 266
– – “Play or pay” over public option, Dole (R-Kan), Daschle (D-SD), WalMart, SEIU, CWA, Intel, Kelly Servs. favor provision, 963
– – Policies to transform employer health care discussed, conference, 265
– – Policy and legislative agenda outlined, 2009, Business Roundtable report, 183
– – Prevention and wellness, Senate panel witnesses call for White House Health and Wellness office, 237
– – Public option, Obama urges Congressional action on overhaul, explains support, 959
– – Recession concerns heighten employers' fear of overhaul costs, survey, 742
– – Recommendations for national effort unveiled, overhaul to target “low-hanging fruit” first, America's Agenda policy paper, 630
– – 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; employers adapting to pay-or-play rules, costs and benefits analyzed, 558
– – Single-payer health care, “Medicare for all” would create 2.6 million new jobs, CNA/NNOC report, 70
– – Solis urges overhaul, loss of health insurance key issue for jobless, families, conferees told, 667
– – Spending, survey finds employers believe companywide wellness and disease prevention programs needed to cut costs, 798
– – Tax exclusion for employer-based coverage

– – – Cap, implications discussed, EBRI report, 99
– – – Compromise to employer-based system possible, ERIC addresses Congress, 629
– – – Proposals to change, ripple effects examined, CRS report, 799
– – – Repeal of tax exclusion ruled out, but Baucus (D-Mont) says law could be modified to be more equitable, Senate roundtable discussion, 519
– – – Tax consequences, ABA sections caution against changes to system, white paper examines risks, 491
– – – Tax Equity for Health Plan Beneficiaries

See LEGISLATION, FEDERAL, HR 2625

– – Uninsured numbers rose in 2008, need for overhaul reinforced, Census Bureau report, 995
– – Wage effects of employer-paid benefits important factor often ignored, official tells conferees, 881
– – Wal-Mart, SEIU send Obama letter supporting employer mandates, 711
– – WellPoint, sex bias, stereotyping claim revived for mother passed over for promotion due to young children, supervisor comments support liability (1st Cir.), 352
– – Young adults, Congress urged to extend coverage under parents' health plans, 882

– Retirees

See RETIREE HEALTH BENEFITS

– Starbucks, premiums hiked, 823
– Surveys show decline of overall health of workers and rising stress levels, 2002-2008, new practices urged, 1022
– Uninsured, Commonwealth Fund proposal would expand coverage, increase spending, report, 43
– Voluntary benefits, top trends, survey report, 1134
– Wellness programs

– – GINA rules effects, 1107
– – Tax credit, Healthy Workforce Act

See LEGISLATION, FEDERAL, HR 1897, S 803

– Women and girls, Obama signs executive order establishing council, 264

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

– At-will firing, advice to facilitate adoption (Tenn. Ct. App.), 1114

HEALTH MAINTENANCE ORGANIZATIONS (HMOs)

– Kaiser Permanente

– – Cal., job cuts, cites declining enrollment, 908
– – Data breach, 29,500 N. Cal. workers notified, 149; NUHW confirm fired SEIU-UHW worker source of personal security breach, 235

HEALTH SAVINGS ACCOUNTS (HSAs)

– Account balances, contributions, and withdrawals analyzed, 2007, report, 182
– Coverage, 8 million in 2009 in large and small group markets, report, 547
– Employer contributions, IRS releases final regulations, In Brief, 964

HELP-WANTED ADVERTISEMENTS

– Online index, Conf. Bd., Dec., 2008, 11; Jan. 2009, 123; Feb., 236; March, 348; April, 490; May, 599; June, 713; July, 850; Sept., 1047

HHS

See HEALTH AND HUMAN SERVICES DEPARTMENT (HHS)

HIRING

– Advertising for jobs

See HELP-WANTED ADVERTISEMENTS

– Am. Airlines, hiring and pay freeze for management and support staff, In Brief, 374
– Applicants

See APPLICANTS

– Attorneys, job growth in legal services outpaced that of law offices 2002-2007, legal aid offices decline, census data, 612
– Discrimination suits

See specific types of discrimination

– E-Verify program

See EMPLOYMENT ELIGIBILITY VERIFICATION

– Employment ads

See HELP-WANTED ADVERTISEMENTS

– Employment Dynamics and Growth Expectations (EDGE) Report, over half surveyed employers plan to hire in 12 months, 946
– Foreign workers, 2009 quota imposed

– – Russia, 166
– – Spain, 166

– Geographic mobility data, recent moves by workers declined in 2008, Census Bureau reports, 471
– “Green” jobs

See GREEN JOBS

– Illegal aliens

See UNDOCUMENTED WORKERS

– Job seekers using unusual tactics to “get foot in the door,” survey, 652
– Labor force

See LABOR MARKET

– Managers, employee interest in joining ranks varied by generations, stress cited as factor, survey, 960
– New hires, Challenger report, year-to-date, 1105
– Online education, impact analyzed, 929
– OSHA, hiring requirements under ARRA, FY2009 budget pose rare challenge for agency, summary, 690
– Outlook

– – BNA employment survey, 2009 2d quarter, 285; 3d quarter, SplRpt, 641; 4th quarter, SplRpt, 1005
– – College graduates

– – – Advice offered, common mistakes discussed, survey, 428
– – – “Hot jobs,” top 10 list, UCSD survey, 634
– – – NACE survey, 274

– – Manpower survey

– – – Hard-to-fill jobs, engineers top 2009 talent shortage list, 639
– – – Quarterly data, 2009 2d quarter, 262; 3d quarter, 627

– Resumes

– – Mistakes may disqualify job candidates, survey, 794
– – Styles, chronological format preferred by more employers, survey, 1044

– Slowdown in job gains since 2001 recession mostly attributable to top-hiring firms, BLS report, 529
– Temporary employees

See TEMPORARY EMPLOYEES

– Wal-Mart, 22,000 new jobs planned in 2009, In Brief, 628

HMOs

See HEALTH MAINTENANCE ORGANIZATIONS (HMOs)

HOLIDAYS

– Employee benefits, 2009, BLS report, 825
– Thanksgiving, employer-practices, BNA survey, 1125

HOME HEALTH CARE

– Loving Care Agency, 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
– Wabash Center, FMLA, serious misconduct, refusal to give up keys, passwords valid basis for firing executive during approved leave (7th Cir.), 916

HOMELAND SECURITY

– DHS

See HOMELAND SECURITY DEPARTMENT (DHS)

HOMELAND SECURITY DEPARTMENT (DHS)

– Border security directly related to worksite enforcement, Napolitano tells UTEP conferees, 919
– Budget, FY2010, Obama releases outline, summary, 207; Senate appropriations panel approves 3-year extension, 655; House appropriations panel approves 2-year E-Verify extension, 655; appropriations bill, see LEGISLATION, FEDERAL, HR 2892
– E-Verify program

See EMPLOYMENT ELIGIBILITY VERIFICATION

– H1N1 virus, preparation, response, flu season guidance issued by 4 federal agencies, 904
– ICE

See IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

– Labor certifications, DOL amended rule limiting expiration dates in support of visa petitions upheld (7th Cir.), 905
– No-match rule

See SOCIAL SECURITY NUMBERS

– Secretary, Napolitano (D) confirmed, In Brief, 68

HOSPITALS

– Beth Israel Deaconess Med. Ctr., sex bias, retaliation, mandatory arbitration enforceable for state law claims only where expressly mentioned in accord (Mass.), 888
– Community-Based Health Care Retraining Act

See LEGISLATION, FEDERAL, HR 3234

– Cook County Hosp., ADA, doctor who threatened to kill co-workers lawfully fired, employer's honest belief sufficient (7th Cir.), 688
– Covenant Health, at-will firing, advice to facilitate adoption violated hospital policy, HIPAA (Tenn. Ct. App.), 1114
– Flushing Hosp. Med. Center, sexual harassment, emotional distress, fault split evenly between physician and hospital, nurse awarded record $15M (N.Y. Sup. Ct.), 240
– H. Lee Moffit Cancer Center, tuition reimbursement plans, Case Study, WFS 27 (4/27/09)
– Hennepin County Med. Center, janitor who violated daily call-in policy during FMLA leave lawfully fired (8th Cir.), 20
– Jeanes Hosp., ADEA, evasive, implausible reasons for firing combined with prima facie case sufficient to show bias, nurse's verdict upheld (3d Cir.), 378
– Lifecare Mgmt. Servs., ADA, $100K, training settles EEOC's accommodation, firing claims on behalf of cancer survivor (W.D. Pa.), 517
– Miami Valley Hosp., AIR-21, air ambulance pilot unlawfully fired for safety complaints to supervisor, FAA (DOL ARB), 777
– N.Y., health care workers, mandatory flu vaccinations, TRO (N.Y. Sup. Ct.), 1129
– Nurse and Health Care Worker Protection Act

See LEGISLATION, FEDERAL, HR 2381, S 1788

– Pandemic flu, OSHA standard urged, union survey of health care workers finds facilities unprepared, 438
– Partners Healthcare, overtime, DOL suit settled citing network's failure to aggregate hours (D. Mass.), 459; 700 workers get $2.7M in back pay, 822
– Proctor Hosp., judgment favoring USERRA claimant under cat's paw theory reversed, submission to jury without proof of biased individual's singular influence on decisionmaker was error (7th Cir.), 327
– RehabCare Group East, USERRA, subcontractor not successor in interest to former subcontractor/employer, no duty to hire therapist returning from service (S.D. Iowa), 21
– Reproductive services, rights of conscience

– St. Francis Hosp. and Health Clinic, reverse sex bias claim fails for male employee who accessed pornographic Web sites at work (7th Cir.), 773
– St. Tammany Parish Hosp., ADA, claim over denial of request for alternative software accommodation proceeds, but not retaliation (E.D. La.), 436
– Siouxland Oral Maxillofacial Surgery Assocs., PDA, discharge, refusal to hire, EEOC proof of reckless indifference mandates consideration of punitive award (8th Cir.), 940
– Wellmont Holston Valley Med. Ctr., ADEA, failure to rehire claim revived for RIFd tech, not wrongful discharge (6th Cir.), 969

HOT CARGO CONTRACTS

– IW local coerced employers to avoid nonunion subcontractors was ULP (D. Mass.), 1002

HOTELS

– Castaways, FLSA, due upon discharge, bankruptcy dooms state law wage claim against managers, but federal claim revived (9th Cir.), 859
– Decatur Hotels, not required to pay recruitment, travel, visa expenses of temporary H-2B guest workers hired after Katrina (5th Cir.), 188
– Hilton Hotels, ERISA, anti-backloading, accrual rule violations not mooted by subsequent pension plan amendment (D.D.C.), 581

HOURS OF WORK

– Compensatory time

See COMPENSATORY TIME

– Doffing and donning time

See CLOTHES CHANGING

– Flexible schedules

See FLEXIBLE WORK SCHEDULES

– Overtime

See OVERTIME

– Work-share program with short-time UI compensation avoids layoffs, report urges expansion, more federal support, 385

HOUSING

– Geographic mobility data, share of workers who recently moved declined in 2008, Census Bureau reports, 471

HSAs

See HEALTH SAVINGS ACCOUNTS (HSAs)

HUMAN CAPITAL MANAGEMENT

See also specific agencies and departments
– Data security during downsizing, most departing employees steal sensitive company data, perceptions influence behavior, 246
– E-discovery, federal rules impose risks on employers, pitfalls explained, Conference Report, 306
– E-Verify, employers should consider use, weigh pros and cons, prepare for new I-9 forms, Conference Report, 305
– Separation practices, HR survey finds firms focused on severance and outplacement to improve retention, 375
– Sexual orientation, gender identity, proliferation of bias laws creates challenges, opportunities for employers, Conference Report, 304
– Workplace Watch, 2009 1st quarter, survey, 611

HUMAN RESOURCES DEPARTMENTS

– Competency skills for successful HR leaders cited, report, 178
– Outsourcing

See OUTSOURCING

– Recession

– – Practitioners urged to lead employer effort to rebound, tips offered, conference, 753
– – Workplace changes, strategies to help firms thrive outlined, 753

HUMAN TRAFFICKING

– State labor legislation

– – 2008, DOL reports, 145
– – 2009, 150 immigration-related bills introduced in 1st quarter, report, 470