Human Resources Report Index-Summary

MACHINISTS (IAM)

– Airline Flight Crew Tech. Corrections Act

See LEGISLATION, FEDERAL, S 1422

– Dist. 751, Boeing, commercial airplanes unit, 2d quarter job cuts planned, In Brief, 40
– Lodge 24, Daimler Trucks, Or. plant closure averted, In Brief, 1048
– Pratt & Whitney, plant closings, IAM sues to halt shutdown (D. Conn.), In Brief, 1020

MAIL

– Electronic

See E-MAIL

MAINE

– Labor legislation, 2008, DOL reports, 145

MAINTENANCE WORKERS

– Buildings

See BUILDING SERVICES

– Landscapes

See LANDSCAPING

MANAGEMENT AND BUDGET OFFICE (OMB)

– DOL awarded top grades for effective agency management, 2008, 40
– E-Verify, new I-9 form approved, valid through 2012, In Brief, 935
– Economic statistics, standard occupational classification system (SOC), OMB, federal agencies to update job descriptions for all workers in 2010, Analysis, 201
– Federal contracts, new public-private job competitions halted under Circular A-76, 291
– GINA, EEOC clears rule for OMB review, In Brief, 879
– Reproductive services, rights of conscience, proposed regulation to rescind Bush-era rule reviewed, comments summarized, 235; rescission proposed due to opponents' concerns, comments sought, 259

MANAGERS

– Competency levels, impact on subordinates, studies, 1128
– Shortages, employee interest in joining ranks varied by generations, stress cited as factor, survey, 960

MANDATORY ARBITRATION

– Antitrust, arbitration of class claims allowable even where not mentioned in shipping contract (U.S., rev grant), 654
– Arbitration Fairness Act (AFA)

See LEGISLATION, FEDERAL, S 931

– Assault, battery, emotional distress, false imprisonment, rape, claims not arbitrable (5th Cir.), 1000
– Defense contractors

See LEGISLATION, FEDERAL, HR 3326

– Electronic signature insufficient to prove pact formed, lax data security a factor (D. Kan.), 217
– Employee Free Choice Act (EFCA)

See LEGISLATION, FEDERAL, HR 1409, S 560

– Enforcement, unconscionability under state law, court not arbitrator to decide (9th Cir.), 1001
– Fee-sharing clause not superseded by AAA rules requiring employer to pay, but goes against public policy, void and unenforceable, severable (N.Y. Sup.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
– FMLA, lawn care sales rep not compelled to arbitrate retaliatory discharge claim (M.D. Tenn.), 608
– Mass. bias claims arbitrable only where expressly mentioned in accord, trial of sex bias, retaliation claims proper (Mass.), 888
– Notice, consent lacking, law firm shareholder who never received agreement not required under Pa. law to arbitrate bias claims (3d Cir.), 355
– Overtime, class arbitration waiver, bar on seeking civil penalties on behalf of other employees unconscionable, unenforceable (Cal. Ct. App.), 260
– Protecting Older Workers Against Discrimination Act

See LEGISLATION, FEDERAL, HR 3721, S 1756

– Race and disability bias, clause requiring deposit fee upheld (6th Cir.), 579
– U.S. Supreme Court docket, 2009-2010 term, Special Report, 1087
– Waivers

See WAIVERS

MANDATORY RETIREMENT

– EU bans age bias, but forced retirement allowed for “legitimate social policy” (E.C.J.), 277

MANUFACTURING

See also specific industries
– 3SI Sec. Sys., sexual harassment, UI benefits reversed for claimant who quit job after disciplinary action imposed (Pa. Commw. Ct.), 1029
– Agilent Tech., layoffs, In Brief, 320
– Baby Trend, wrongful discharge, misclassified sales rep fired for complaints about commissions was employee under Cal. law, jury awards $8.4M (Cal. Super. Ct.), 767
– Bemis, executive properly awarded damages where employer reneged on promised salary payment in noncompete pact (8th Cir.), 243
– BIC Consumer Prods., ADA, interactive process viable where accommodation non-existent (2d Cir.), 1084
– Caterpillar, job cuts, salary freezes, In Brief, 97; global workforce cuts, 125; voluntary buyouts offered, 152; more job cuts, 292
– Celestica, religious bias, Muslim workers' varied prayer beliefs, accommodation requests lack commonality, class certification denied (D. Minn.), 689
– Cemex, retaliation, race bias claimant fired after investigation was protected, factual disputes send claim to jury (M.D. Fla.), 719
– CertainTeed, no ERISA §510 violation where salesmen fired for violating firm's travel and entertainment expense policy (3d Cir.), 832
– Champion Enter., severance pay, employment pact not breached where benefits provided to executive allowed to work in de minimis position after termination until equity compensation vested (4th Cir.), 48
– Craftmatic, race bias, independent contractor fired after arguing with hiring recruiter may sue under §1981 (3d Cir.), 1024
– CSS Indus., ERISA, worker fired after major surgery has interference, but no failure to promote claim (E.D. Pa.), 610
– Cummings, at-will employee justly fired for refusing to sign new pay pact, “duress” finding reversed (Tenn. Ct. App.), 1058
– Deere, ERISA, excessive fees, no fiduciary 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
– Durable Mfg., labor certifications, DOL amended rule limiting expiration dates in support of visa petitions upheld (7th Cir.), 905
– Eastman Kodak, race bias, $21.4M settles consolidated class actions, preliminarily approved, 795
– Federal-Mogul, jury duty firing, Ala. claim revived, factual dispute on call-in efforts precludes summary judgment (11th Cir.), 944
– Formaldehyde exposure increases cancer risk for industrial workers, Cancer Inst. study shows, 607
– GE, last-chance pact's prospective waiver of right to sue for bias under Ky. law invalid without arbitration option, retaliation claim revived (6th Cir.), 185
– Good Earth Tools, ADA, salesman fired within one year of epilepsy diagnosis regarded as disabled, $475K verdict affirmed (8th Cir.), 577
– Green jobs

See GREEN JOBS

– High-tech industry now shedding jobs but fewer than in 2001 slump, trade group reports, 358
– Intl. Game Tech., SOX retaliation claims revived for in-house attorneys fired after identifying potential fraud on shareholders, attorney-client privilege no bar (9th Cir.), 917
– Kirby Risk, ADA, pre-2009 claim evaluated under pre-ADAAA rulings (N.D. Ind.), 1109
– M&G Polymers USA, ERISA, LMRA, term “full Company contribution” in USW pact suggests vesting, retirees claim over benefits changes revived (6th Cir.), 384
– Mohawk Indus.

– – RICO, hiring illegal workers to depress wages, denial of class certification overturned on appeal, remanded (11th Cir.), 571
– – Witness intimidation, whistleblower fired for refusing to recant illegal hiring allegations, motion to compel discovery upheld (U.S., rev grant), 96

– PCC Flow Techs. Holdings, agent of publicly-held company, liable under SOX, executive failed to link firing to protected activity (DOL ARB), 971
– Philip Morris USA, N.C. plant closing, In Brief, 432
– Ramsey Winch, firearms in locked vehicles, OSH Act general duty clause does not preempt amendments to Okla. laws banning guns in workplace, injunction reversed (10th Cir.), 179
– Rock-Tenn, race bias, insubordination lawful basis for firing, pretext, cat's paw influence on decisionmaker not shown (6th Cir.), 45
– Saint-Gobain Performance Plastics, FLSA retaliation, verbal complaints about time clock irregularities not protected activity (7th Cir.), 720
– Schott N. Am., sex bias, $1.45M settles EEOC suit (M.D. Pa.), 625
– Thermo King de Puerto Rico, ADEA, indirect evidence, use of McDonnell Douglas burden-shifting framework (1st Cir.), 1136
– Thomson Indus., ERISA, OWBPA retaliation rejected, severance properly denied where company lacked cash and part-time CFO fired for cause (2d Cir.), 467
– Whirlpool

– – Ind. plant closed in 2010, 1,100 job cuts, In Brief, 936
– – Race bias, retaliation, whites who objected to anti-black slurs against co-workers failed to show requisite harassment against themselves, claims rejected (6th Cir.), 213

– Wise Bus. Forms, sex bias, gender stereotyping claim revived for gay machine operator, religious bias properly rejected (3d Cir.), 968

MARITIME INDUSTRY

– Drug testing, return-to-work and follow-up, DOT observed urination rule for safety-sensitive jobs upheld (D.C. Cir.), 553; direct observation requirement reinstated, 821
– James Marine, sex bias, restroom, locker facilities not equivalent, female welder can sue (W.D. Ky.), 523
– Stolt-Nielsen, antitrust, arbitration of class claims allowable even where not mentioned in contract provisions (U.S., rev grant), 654

MARYLAND

– Employment pacts, claim challenging withholding of compensation to fund pension plan not preempted by ERISA (D. Md.), 1027
– Labor legislation, 2008, DOL reports, 145
– Lilly Ledbetter Civil Rights Restoration, gov. signs bill, In Brief, 403
– Workplace Fraud Act, construction, landscaping industries penalized for independent contractor misclassifications, enactment expected, 404; joint task force created to combat workplace fraud, 796

MASS TRANSIT

– Drug testing, return-to-work and follow-up, DOT observed urination rule for safety-sensitive jobs upheld (D.C. Cir.), 553; direct observation requirement reinstated, 821

MASSACHUSETTS

– Disability bias, restaurant worker fired after MS episode showed safety rationale may be pretext, claim revived (1st Cir.), 912
– Mandatory arbitration enforceable against state law bias claims only where expressly mentioned in accord, sex bias, retaliation claims go to trial (Mass.), 888
– Same-sex marriage, state law developments may affect employer policies, attorneys discuss impact on benefits, taxes, Analysis, 472
– Sex bias, retaliation, front pay, punitive damages (Mass.), 1077
– Shared Responsibility, health care spending distribution unchanged under new law, report, 376
– Vacation pay due as part of “earned wages,” denial illegal despite company policy excluding from earned benefits (Mass.), 665

MEAL BREAKS

See BREAKS, MEAL AND REST

MEATPACKING

– Smithfield, job cuts, plant closings, In Brief, 181
– Tyson Foods, overtime, clothes changing, meal and rest breaks, collective FLSA, Kan. claims advance (D. Kan.), 208

MEDICAID

– Children's Health Insurance Program Reauthorization Act

See LEGISLATION, FEDERAL, HR 2, S 275

– GINA implementation, interim rules, 1043
– National health spending growing at slowest pace since 1998, study, 13

MEDICAL EQUIPMENT AND SUPPLIES

– Baxter Healthcare, race bias, mixed-motive claimant denied promotion properly granted summary judgment (U.S., rev den), 542
– Medtronic

– – ERISA, fiduciary breach, worker who profited from inflated stock lacks standing to sue (D. Minn.), 610
– – Layoffs, In Brief, 572

MEDICAL EXAMINATIONS

– ADA, 1101

MEDICAL TECHNOLOGY

– Hutchinson Technology, job cuts, In Brief, 41
– Invivo, religious bias, engineer with identity issues in work communications fired for legitimate business reasons (7th Cir.), 353
– Tri-State Radiology, state claim challenging withholding of compensation to fund pension plan not preempted by ERISA (D. Md.), 1027

MEDICARE

– ADEA, coordinating utility's retiree health benefits with Medicare lawful under safe harbor provision (N.D.N.Y.), 439
– GINA implementation, interim rules, 1043
– National health spending growing at slowest pace since 1998, study, 13

MEETINGS

See CONFERENCES AND MEETINGS

MENTAL HEALTH

– Bipolar, accommodation case examined (1st Cir.), WFS 7 (2/23/09)
– Difficult employees

See generally ATTITUDES OF EMPLOYEES

– Economic crisis, benefits increasing while employers scale back others, SHRM report, 751
– Suicide, murder fueled by rapid rise in unemployment, study finds, 779

MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT (MHPAEA)

– Health and welfare plan amendments, year-end guidance, 1080
– Regulations

– – Federal agencies seek public comment on implementation, 461; industry groups cite enforcement concerns, 629; Senators urge timely release of rules, 881
– – HHS, 2010 release goal, In Brief, 1079

MERGERS AND ACQUISITIONS

– Pfizer, Wyeth merger, job cuts, In Brief, 98
– PNC Fin. Servs. Group, workforce cut 10 percent following Natl. City acquisition, 125
– Sun Microsystems (JAVA), Oracle, In Brief, 1132

METALS INDUSTRY

– Alcoa, job cuts, plant closures, hiring and salary freeze planned for 2009, 12
– Fort Wayne Foundry, ADEA, worker fired for sleeping on job may sue for retaliation, hours reduction lawful (N.D. Ind.), 551
– Unifab, ADEA, remarks, age of “replacement” not proof that economic justification for layoff was pretext (6th Cir.), 156

MHPAEA

See MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT (MHPAEA)

MICHIGAN

– Emotional distress, racial harassment shown by retail workers, entitled to nominal damages only (6th Cir.), 297
– Ergonomics, Senate passes legislation to block state from finalizing proposed rule, 158
– Labor legislation, 2008, DOL reports, 145
– Privacy, Battle Creek mayor accidentally posted personal employee data on Twitter account, IABC president highlights pitfalls, offers policy tips, 723
– Sexual harassment, fire marshal's actions, remarks to dispatcher not severe, pervasive enough for hostile environment (6th Cir.), 325
– Training, new law allows workers to pay for programs at community colleges via tax withholding, In Brief, 12
– Unemployment insurance, gov. signs benefits extension bill, 400
– Wayne County Sheriff's Dept., FMLA, failure to appear for scheduled drug test, firing lawful (6th Cir.), 831
– Whistleblowing, questioning insurance agency's compliance with state overtime law was protected activity, fired accountant may sue (Mich. Ct. App.), 806

MILITARY LEAVE

– Military Family Leave Act

See LEGISLATION, FEDERAL, S 1441

– USERRA

See UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

– Budget

– – FY2009, omnibus spending bill

See LEGISLATION, FEDERAL, HR 1105

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

– DOL semiannual regulatory agenda, overview, 515

MINE SAFETY AND HEALTH REVIEW COMMISSION (MSHRC)

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

MINIMUM WAGE

– Assistant managers, cooks, cashiers, Casey's Gen. Stores, $11.7M settles FLSA, Iowa class claims (S.D. Iowa), 516
– Barback is tipped employee similar to busboy, minimum wage tip credit applies, Wage and Hour Op. Letter, 291
– Bush-era opinion letters, DOL releases 40, withdraws 20, 262; correction, 292
– Business or company pilots, “position of non-enforcement” reaffirmed, Wage and Hour Op. Letter, 291
– Federal rate hiked to $7.25 per hour, effects on states summarized, 795
– Flight attendant trainees not employees, airline has no duty to pay wages during in-flight program (W.D. Wash.), 244
– Garment pieceworkers fired after filing N.Y., FLSA wage claims have standing to sue, but plant closure precludes reinstatement (E.D.N.Y.), 636
– H-2A, H-2B visa programs, FLSA may require relocation reimbursement, ETA withdraws Bush era interpretation, 319
– Hotel not required to pay recruitment, travel, visa expenses of temporary H-2B guest workers hired after Katrina (5th Cir.), 188
– Insurance sales, financial reps file $200M FLSA, Cal. class suit alleging misclassification as independent contractors (S.D. Cal.), 713
– Living American Wage (LAW) Act

See LEGISLATION, FEDERAL, HR 3041

– Mont., exotic dancers misclassified as independent contractors owed back pay, fees, penalties (Mont.), 568
– N.Y., $2.3M settles state wage and hour claims against owner of 9 NYC restaurants, federal lawsuit pending (S.D.N.Y.), 289
– Pleading, plaintiffs using pseudonym “4 Exotic Dancers” must reveal names to sue under FLSA, Cal. law (C.D. Cal.), 148
– Salary basis rule

– – Paid time off, use of leave bank, substitution of leave without salary change preserves exempt status, Wage and Hour Op. Letter, 290
– – Voluntary or mandatory time off, FLSA-exempt status may be lost if salary deductions taken for reduced hours during downturn, Wage and Hour Op. Letter, 290

– School district's occupational therapy assistants not exempt professionals despite training, certification, Wage and Hour Op. Letter, 11
– State and local laws

See specific states

– State labor legislation, 2008, DOL reports, 145
– Wage and hour laws, stronger enforcement meant to send message to noncompliant employers, Solis says, 833

MINNESOTA

– Labor legislation, 2008, DOL reports, 145
– Off-the-clock work, Wal-Mart, class settlement of $54.25M, civil penalty approved (Minn. Dist. Ct.), 626
– Sex bias, retaliation complaint no shield against corrections officer's discipline for prior insubordination, claim fails (U.S., rev den), 65
– Whistleblowing, good faith belief lacking, failure to claim illegality in initial fraud report dooms fired sales manager's claim (8th Cir.), 691

MISCONDUCT

– FMLA, serious policy violations, refusal to give up keys, passwords valid basis for firing executive during approved leave (7th Cir.), 916
– Workplace bullying, employers advised to keep abreast of jurisdictional legal developments, Viewpoint, 948

MISREPRESENTATION

– Fraud

See FRAUD

MISSISSIPPI

– Labor legislation, 2008, DOL reports, 145

MISSOURI

– Independent contractors misclassification, FedEx, payroll taxes, worker protections, 713
– Influenza pandemic preparedness, PandemicPrep.Org., OSHA announce alliance, 74
– Labor legislation, 2008, DOL reports, 145
– Wrongful discharge, private club that fired chef for child support order violated public policy, common-law claim revived (Mo. Ct. App.), 1057

MONITORING

– Electronic

See ELECTRONIC MONITORING

MONTANA

– Independent contractors misclassification, FedEx, payroll taxes, worker protections, 713; lawsuit proposed, 1130
– Labor legislation, 2008, DOL reports, 145
– Minimum wage, exotic dancers misclassified as independent contractors owed back pay, fees, penalties (Mont.), 568

MORALE OF EMPLOYEES

See ATTITUDES OF EMPLOYEES

MORTGAGES

– Countrywide Fin., ERISA, Bank of Am. pays $55M to settle stock drop claims (C.D. Cal.), 878

MOTOR VEHICLES

– Manufacturing and sales

See AUTOMOTIVE INDUSTRY

MSHRC

See MINE SAFETY AND HEALTH REVIEW COMMISSION (MSHRC)

MULTIEMPLOYER PLANS

– ERISA

– – Bakery and Confectionery Union and Indus. Intl. Pension Fund, DOL hour of service rule disregarded in calculation of post-1975 layoff benefits, claim advances (E.D. Pa.), 1002
– – Contributions owed to plans not “assets” triggering ERISA fiduciary status, but debts dischargeable in bankruptcy (2d Cir.), 527
– – Withdrawal liability, PBGC approves SEIU request to use special rules for Chicago residential cleaning industry, 991

– Funding status

– – Decline, freeze decision, IFEPB survey, 1081
– – Underfunding, DOL proposes civil penalties rule, 963
– – Zones locked at 2008 levels, Segal reports, 743