Human Resources Report Index-Summary

I-9 FORMS

– Employers should prepare for new form, Conference Report, 305; OMB approves new form, valid through 2012, In Brief, 935
– New hires, acceptable identity documents, USCIS delays implementing rule, 122

IAM

See MACHINISTS (IAM)

IBEW

See ELECTRICAL WORKERS (IBEW)

ICE

See IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

IDAHO

– Labor legislation, 2008, DOL reports, 145

IDENTITY THEFT

– Aggravated offense requires knowledge that identification belonged to another, conviction overturned (U.S.), 489
– Data breach

– – Job applicant's data stolen from vendor laptop, claim for ID theft risk allowed, but not Cal. negligence claim (N.D. Cal.), 383; suit overview, applicant's data protection analyzed, 565
– – Kaiser Permanente, 29,500 N. Cal. workers notified, 149; NUHW confirm fired SEIU-UHW worker source of personal security breach, 235

– E-Verify, policy group urges system improvements, biometrics, new pilot programs for added security, Analysis, 789
– N.J., UPS worker fired for refusing to use company Web sites due to privacy concerns has valid whistleblower claim linked to identity theft law (D.N.J.), 498
– N.Y., new privacy law restricts employer sharing of SSNs, personal data, In Brief, 12
– Supreme Court docket overview, 2008-2009, 89
– Twitter, personal employee data accidentally posted, IABC president highlights pitfalls, offers policy tips, 723

ILLINOIS

– ADA

– – Driving not major life activity, nurse lacks bias claims (7th Cir.), 427
– – Retaliation, due process claims revived for city worker fired after informal complaint (7th Cir.), 856

– ALL KIDS health insurance program, temporary firms, bill signed, In Brief, 880
– Chicago

– – Bd. of Educ., PDA, teacher's timeline shows nonrenewal of contract may be bias, not retaliation, FMLA interference claims dismissed (N.D. Ill.), 130
– – Race bias

– – – Continuing violation rejected, firefighter applicants' EEOC charge untimely, judgment vacated (U.S., brief invited), 543; timeliness of test-based hiring claims (rev grant), 1041
– – – Promotions claim fails for city worker who failed to timely file charges regarding denial of training opportunities (7th Cir.), 72

– E-Verify, law barring employer enrollment in program unlawfully imposes state standards on federal program, preempted (C.D. Ill.), 287
– FMLA, state worker fired for refusal to sign performance improvement plan failed to show retaliation (7th Cir.), 382
– Influenza pandemic preparedness, PandemicPrep.Org., OSHA announce alliance, 74
– Labor legislation, 2008, DOL reports, 145
– Overtime, forced holidays did not forfeit exempt status of professional employees under state law (Ill. App. Ct.), 526
– Pay equity, filing options expanded, Ledbetter paycheck-based timing adopted, 935
– Sick building syndrome, whistleblower tort claims advance, state workers' comp law, IHRA no bar (N.D. Ill.), 20
– Wage and hour, recordkeeping, vacation accruals, temporary firm class settlement (N.D. Ill.), 1103

IMMIGRATION

– AARP reports older Hispanics could help fill jobs as workforce ages, recruitment and retention tips, challenges reviewed, 666
– Boomer retirement “tsunami,” need for immigration reforms discussed by conference speakers, 192
– Congressional Hispanic Caucus receives Obama pledge to move this year on immigration overhaul, members comment, 330
– E-Verify

See EMPLOYMENT ELIGIBILITY VERIFICATION

– Health insurance coverage varies by age, employment status, demographic analysis, Census Bureau report, 1022
– High-tech firms founded by immigrants, advocacy report looks at sales growth, significance, contributions, 808
– ICE

See IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

– Illegal immigrants taking jobs that could be filled by native-born workers, USCIS reports, rights group disagrees, 218
– Impact on job market for native-born workers, reports reach opposing conclusions, 946
– Income, nearly one-fourth of foreign-born workers earn less than $20K annually, study, 266
– Link to native-born unemployment “debunked” in Immigration Policy Center reports, 582
– Policies, HR Outlook, 2009, 33
– Prevailing wages, overtime, construction contractor's deposition queries about claimants' immigration, residency, citizenship status unlawful (N.J. Super. Ct.), 580
– Reform

– – Citizenship path, faith-based community perspectives, Senate panel hearing, 1143
– – Council on Foreign Relations task force offers fixes, says overhaul current policies or face “long, slow decline,” 778
– – Draft bill expected in 2009, but no action until 2010, Obama says, 875
– – Economic recovery efforts must include policy changes, path to legalization, speakers say, 414
– – Gutierrez (D-Ill) bill planned for Oct., In Brief, 993; principles outlined, 1104
– – Labor market commission, MPI report supports creation of executive-branch panel to assess conditions, determine future flows based on market needs, 557; appointment of independent panel to assess needs urged, EPI report, 584; business groups have “deep reservations” about commission, concerns summarized, Special Report, 696
– – Legalization paired with guestworker program, economic benefits discussed, study, 919
– – Obama vows to start comprehensive overhaul, legislation this year unlikely, 372
– – Religious perspectives, USCIS panel discussion, 1143
– – Support for overhaul increasing, rights advocates urge Congressional action now, speakers outline needed changes, 638

– Return migration due to economic downturn not shown to be definitive trend, report, 78
– State and local laws

See also specific states
– – Employment-based, 19 enacted nationwide in 2008, 23; 2008 enactments less than prior year, DOL analysis, 145; 2009, 150 bills introduced in 1st quarter, report, 470
– – Undocumented workers

See UNDOCUMENTED WORKERS

– Strengthen and Unite Communities with Civics Education and English Skills Act

See LEGISLATION, FEDERAL, HR 3249, S 1478

– USCIS

See CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)

– Visa programs

See VISAS

IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

– Appointments and personnel changes, Morton named to head, In Brief, 208; Senate confirms, 517
– Audits, fines, focus on promoting employer compliance stressed by Morton in address to conferees, IMAGE, E-Verify initiatives touted, 694
– Border security directly related to worksite enforcement, Napolitano tells UTEP conferees, 919
– Compliance crackdown

– – DHS enforcement guidelines focus on employer criminal prosecution rather than raids, reactions varied, 455
– – I-9 audits at 652 businesses announced as part of initiative, 712; preparation is key, proactive focus on compliance, internal I-9 reviews could fend off DHS audits, fines, Analysis, 901

– Directive to review E-Verify errors, identity theft, detention facilities, DHS head Napolitano announces, 122
– Priorities are “tough, smart enforcement,” E-Verify improvements, Napolitano tells lawmakers, 528

IMMIGRATION REFORM AND CONTROL ACT (IRCA)

– Independent contractor misclassification, consequences of reclassifying contractors as employees, Viewpoint, 865

INCOME DISTRIBUTION

– Low-wage situation “shameful,” immigration, work, family issues key to shared prosperity, economists say, 192
– Middle class, working families a priority for Obama, executive task force created to address concerns, 117; advocates applaud focus on safety, health of middle-class workers in task force, 131
– Women, real median annual earnings, 1979-2007, CBO report, 1107

INDEPENDENT CONTRACTORS

– Benefits avoidance, insurance agents' challenge to reorganization, knowing waiver revived (3d Cir.), 858
– Colo., classification bill signed, In Brief, 601
– Misclassifications

– – Adverse consequences, nationwide impact examined, report identifies options, 1004
– – Benefits entitlement, computer programmer with 10 years' service was independent contractor, not employee, under 10-factor test (7th Cir.), 159
– – Consequences, 10 listed, Viewpoint, 837; 10 more listed, 865
– – Del., fraud bill enacted, imposes penalties for construction employee misclassifications, 852
– – FedEx drivers

– – – Avoidance of payroll taxes, worker protections, 713
– – – ERISA claims dismissed, entitlement requires identification as plan “participant” as well as “employee” (D. Mass.), 107
– – – Multidistrict class challenge, drivers in 8 states certified to proceed (N.D. Ind.), 821
– – – N.Y., N.J., Mont. lawsuits, 1130
– – – ULPs, home delivery drivers not covered by NLRA, refusal to bargain with IBT lawful (D.C. Cir.), 441

– – Md. measure would penalize construction, landscaping contractors for misclassifications, enactment expected, 404; joint task force created to combat workplace fraud, 796
– – N.J., stop-work penalty bill enacted, In Brief, 767
– – Wrongful discharge, sales rep fired for complaints about commissions was employee under Cal. law, jury awards $8.4M (Cal. Super. Ct.), 767

– Race bias within scope of IC relationship, sales rep fired after arguing with hiring recruiter may sue under §1981 (3d Cir.), 1024
– Retirement benefits, ERISA, oil firm workers hired through staffing agencies not contractors, claim revived as timely (S.D.N.Y.), 215
– Safety and health, BLS to begin tracking fatalities in 2011 to aid OSHA, lawmakers, 187
– State labor legislation, 2008, DOL reports, 145
– Taxation, IRC amendment

See LEGISLATION, FEDERAL, HR 3408

– Wage and hour violations

– – Garment pieceworkers fired after filing N.Y., FLSA claims may sue as employees, but plant closure precludes reinstatement (E.D.N.Y.), 636
– – Minimum wage, misclassified exotic dancers owed back pay, fees, penalties (Mont.), 568
– – Overtime

– – – Employee status, FLSA economic reality test (5th Cir.), 1112
– – – Five-factor test, ineligible for pay (E.D. La.), 273

INDIANA

– Age bias claims, maximum age limit raised, In Brief, 546
– Labor legislation, 2008, DOL reports, 145
– Sex and disability bias, due process, female firefighter fails to show violations in repeated driving and fitness-for-duty evaluations, sex-plus bias not addressed (7th Cir.), 941

INDIVIDUAL RETIREMENT ACCOUNTS (IRAs)

– High-income earners mostly benefit, CRS report, 43

INFLUENZA

– Airborne, zoonotics disease standards approved by Cal/OSHA, SEIU urges federal OSHA to emulate, 578; employers struggling to meet compliance deadline, 803
– Avian

See AVIAN INFLUENZA

– France, preparation, business continuity plans, data protection authority exemption allows collection of limited employee data, 1019
– H1N1 virus

See H1N1 VIRUS

– Pandemic

– – Health care workers, OSHA standard urged, facilities unprepared, survey, 438
– – OSHA, PandemicPrep.Org. announce alliance, 74

INFORMATION NETWORKS AND TECHNOLOGY

– Australia, interception bill, 1145
– Benefits entitlement, IT worker with 10 years' service was independent contractor, not employee, under 10-factor test (7th Cir.), 159
– Economic crisis, ILO report warns of permanent job losses, wage stagnation in financial services sector, 222
– Economic stimulus package, health information technology, large employer group outlines priorities to include investments, 42
– Elec. Data Sys., Mass., vacation pay due as part of “earned wages,” denial illegal despite company policy excluding from earned benefits (Mass.), 665
– Elec. Scriptorium, SCA bars intentional unauthorized access of personal e-mail account, but proof of actual damages required to claim statutory damages (4th Cir.), 289
– Grants, Technology-Based Learning Initiative, ETA awards $10M, In Brief, 40
– Hewlett Packard, job cuts, In Brief, 572
– High-tech industry now shedding jobs but fewer than in 2001 slump, trade group reports, 358
– Immigrant-founded firms, advocacy report looks at sales growth, significance, contributions, 808
– Infohealth Mgmt., FMLA, eligible worker fired during approved maternity has interference and retaliation claim despite 50/75 rule (N.D. Ill.), 328
– Microsoft, job cuts, In Brief, 68
– Monitoring, updated employer policies and procedures urged to keep pace with new communication tools, summit, 302
– Oracle, nonresidents, Cal. labor code ruling withdrawn (9th Cir.), 178
– Privacy policies, HR Outlook, 2009, 33
– STEM, science, tech sector shortages call for immigrant workers, but H-1B visa program improvements needed, speakers say, 586
– Sun Microsystems (JAVA), Oracle merger, layoffs, In Brief, 1132
– Unisys, ERISA fiduciary duty breach (3d Cir.), 972
– Xerox, ERISA, phantom account offset, refusal to allow repayment of prior distributions, remedy to pay more benefits to rehired workers upheld (U.S., brief filed), 233; deference to plan administrator, judicial discretion issues set for Oct. review (rev grant), 710

INFRASTRUCTURE

– Am. Recovery and Reinvestment Act

– – Bill

See LEGISLATION, FEDERAL, HR 1

– – Spending, CRS reports on job creation estimates, explains model limitations, lack of data for green jobs sector, 861

INJUNCTIONS

– N.Y., health care workers, mandatory flu vaccinations, TRO (N.Y. Sup. Ct.), 1129

INJURIES AND ILLNESSES

See also specific injuries and illnesses
– Airborne, zoonotics disease standards approved by Cal/OSHA, SEIU urges federal OSHA to emulate, 578; employers struggling to meet compliance deadline, 803
– Avian flu virus

See INFLUENZA

– Cancer, formaldehyde exposure increases risk for industrial workers, Cancer Inst. study shows, 607
– Enforcement, 13,500 employers notified of “considerably higher” rates, 438
– Independent contractors, BLS to begin tracking numbers in 2011 to aid OSHA, lawmakers, 187
– Influenza, pandemic

See INFLUENZA

– Nursing, patient lifting, back injury rate outnumbers mining, manufacturing, construction, 747
– Recordkeeping, OSHA developing emphasis program to examine reporting accuracy, 326; program launches in Aug., 830; effective date Sept. 30, 1047
– Swine flu (H1N1 virus)

See INFLUENZA

– Workers' compensation

See WORKERS' COMPENSATION

INSPECTORS GENERAL (OIG)

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

INSUBORDINATION

– “Principal work location” travel requirement not barred under pact clause, ex-comptroller fired for refusal to travel not owed severance pay (7th Cir.), 327

INSURANCE

– Health

See HEALTH INSURANCE
– – Retirees

See RETIREE HEALTH BENEFITS

– Life

See LIFE INSURANCE

– Unemployment

See UNEMPLOYMENT INSURANCE

INSURANCE INDUSTRY

– Allstate

– – ADEA, rehiring policy, disparate impact, $4.5M settles EEOC claims (E.D. Mo.), 992
– – Independent contractor status imposed to avoid paying benefits, agents' challenge to reorganization, waiver revived (3d Cir.), 858

– Captive insurance, creation of wholly owned subsidiary firms as vehicle for funding retiree health benefits, attorneys weigh pros and cons, 668
– Cigna, cost-cutting triggers job cuts, consolidations, In Brief, 12
– Fidelity Natl., 1,500 jobs cut after acquisition, In Brief, 152
– Fireman's Fund Ins., sexual harassment, employment-related practices exclusion, costs related to Hooters manager's strip-search of female employees not covered for reimbursement (4th Cir.), 721
– First Title of Am., overtime, marketing executive paid commissions exempt outside salesperson under FLSA despite never closing a sale (11th Cir.), 106
– FLSA, agents may be subject to outside sales or administrative exemptions, job duties, form of pay cited, Wage and Hour Op. Letter, 319
– Liberty Mut., ADA, continuing violation rejected, accommodation claim timely, jury award topping $500K upheld (1st Cir.), 129
– Mourer-Foster, questioning agency's compliance with state overtime law was protected whistleblower activity, fired accountant may sue (Mich. Ct. App.), 806
– Nationwide Ins., FMLA claim valid, ADA association bias rejected (3d Cir.), 1018
– Standard Ins., ERISA, supplying medical reviewers with nonmedical history undercutting disability claim no abuse of discretion (7th Cir.), 1028
– Wachovia Ins. Servs., overbroad noncompete covenant unenforceable, solicitation, confidentiality clauses not breached (Ga. Ct. App.), 805

INTERNAL REVENUE SERVICE (IRS)

– Automatic enrollment in defined contribution plans, IRS issues final rule implementing PPA, summary, 206; timing of rule could dampen employer participation, 238
– 401(k) plans, financial hardship, safe harbor rules

– – Evidence, need for proof of substantial business hardship requirement to justify employer contribution suspensions questioned, hearing, 1050
– – Midyear suspension or reduction of non-elective contributions allowed, summary, 548

– GINA implementation, interim rules, 1043
– Race bias, retaliation, jury instructions require only essential elements of proof, refusal to instruct on pretext not reversible error (9th Cir.), 606
– Salary reduction simplified employee pension (SARSEP) plans, IRS online newsletter aids sponsors, In Brief, 908

INTERNATIONAL LABOR

See also specific countries
– Compensation allowances, cost of living in U.S. cities rose in 2009 relative to others worldwide, survey, 752
– Different countries present unique challenges for employers, conference, 1061
– Education report shows lifetime earnings gain for U.S. college graduates twice as high as OECD average, 966
– Female unemployment, 22 million women threatened with job losses due to global financial crisis, ILO warns, 278
– Financial services sector, ILO report warns of permanent job losses, wage stagnation, 222
– G-20 summit, leaders commit to job growth, Solis will ask foreign labor ministers to meet, Pittsburgh summit, 1062
– 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
– Hard-to-fill jobs, Manpower 2009 talent shortage survey, 639
– Health care cost hikes place U.S. firms at competitive disadvantage with global competitors, Business Roundtable report, 294
– ILAB, DOL FY2010 budget request, overview, 488; for further action, see LEGISLATION, FEDERAL, HR 3293
– Multinational firms, loss of U.S. jobs tied to recession, productivity, not offshoring, Business Roundtable report, 303
– OECD report advises member countries to cut income tax, other taxes to boost growth, summary, 277
– Small business employment rates in U.S. among lowest compared to other countries, researchers report, 891
– Total rewards programs, global firms face challenges during implementation, Conference Report, 640
– Unemployment

– – “Dramatic” increase in 2009 predicted, ILO Global Trends Report, 137
– – Record highs, economic crisis response should avoid labor cuts, stress skills for future jobs, OECD ministers say, 1061

– Wal-Mart, labor law violations, foreign workers' suit alleging failure to monitor suppliers rejected, no contractual duty (9th Cir.), 776

INTERNATIONAL TRADE

– Am. Recovery and Reinvestment Act

See LEGISLATION, FEDERAL, HR 1

INTERNET

– Communication technology speeds ahead, attorneys cautioned to stay informed, Conference Report, 361
– Data security

See DATA SECURITY

– EFCA, online video game created by Alliance for Worker Freedom, 820
– Facebook, most executives uncomfortable with “friending” with subordinates, survey, 933
– Federal Register overhaul, accessibility, In Brief, 1079
– Foreign labor certifications, ETA introduces iCERT portal system for electronic H-1B, PERM applications, 399
– Google, stock options, one-for-one exchange offered on “underwater” options, conditions summarized, 69
– Monitoring

– – Privacy rights, ABA panel advises careful action, transparent and realistic media policies, 892
– – Spain, employer sanctions imposed, 809

– NMB e-filing, trial period extended to Aug. 10, Sept. 8 switchover set, In Brief, 768
– Opportunity.gov Web site offers help to displaced workers seeking training, education, 517
– Salary reduction simplified employee pension (SARSEP) plans, IRS online newsletter aids sponsors, In Brief, 908
– Searches on job candidates, privacy invasion risks discussed, WFS 13 (8/31/09)
– Social networking, monitoring

– – Facebook, MySpace sites, employers offered tips on avoiding SCA, Title VII, NLRA liability, 761
– – Surveillance pitfalls, privacy policies urged to avoid liability, WFS 8 (8/31/09)
– – Survey finds half of employers lack rules, potential risks identified, 1059
– – Twitter

– – – Impact on workplace, benefits and pitfalls examined, Analysis, 621
– – – Privacy, personal employee data accidentally posted, IABC president highlights pitfalls, offers policy tips, 723

– Workplace Internet leisure browsing (WILB) can increase productivity, study, 400

INVESTIGATIONS

– OSHA Outreach Training Program, new procedures developed to probe fraud, abuse by independent trainers, 607

IOWA

– Independent contractors misclassification, FedEx, payroll taxes, worker protections, 713
– Labor legislation, 2008, DOL reports, 145
– Minimum wage, overtime, convenience store chain pays $11.7M to settle assistant managers', cooks', cashiers' FLSA, Iowa class claims (S.D. Iowa), 516
– Pay bias, liquidated damages bill enacted, incorporates federal Ledbetter law, In Brief, 460
– Same-sex marriage, state law developments may affect employer policies, attorneys discuss impact on benefits, taxes, Analysis, 472

IRAs

See INDIVIDUAL RETIREMENT ACCOUNTS (IRAs)

IRON WORKERS (IW)

– Local 7, hot cargo ULPs, employers coreced to avoid nonunion subcontractors (D. Mass.), 1002

ITALY

– Vacation time, workers may sue to recoup payment for unused leave under new rules, 138

IUOE

See OPERATING ENGINEERS (IUOE)