Human Resources Report Index-Summary

NANOTECHNOLOGY

– Asbestos-like effects, UK report says carbon nanotubes may pose hazards, 105
– Exposure, employers advised to minimize risks and enhance controls, 662
– Multi-walled carbon nanotubes, hazards to lungs, NIOSH preliminary findings, 326
– Research reauthorization bill

See LEGISLATION, FEDERAL, HR 554

NATIONAL GUARD

– Full-time duty, USERRA rights

See LEGISLATION, FEDERAL, HR 1879

NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH (NIOSH)

– Appointments and personnel changes, Howard re-appointed to head, In Brief, 964
– Budget FY2009, omnibus spending bill

See LEGISLATION, FEDERAL, HR 1105

– Green jobs, safety initiative launched, Web portal offers information, resources, 662
– Hexavalent chromium, draft criteria document recommends slashing airborne limit, 104
– Noise exposure, AIHA letter urges OSHA to reduce permissible limit (PEL), NIOSH also recommends, 466

NATIONAL LABOR RELATIONS ACT (NLRA)

– Amendment, RAISE Act

See LEGISLATION, FEDERAL, HR 2732, S 1184

– FAA reauthorization

See LEGISLATION, FEDERAL, S 1451

– Federal contractors, posting notices, DOL proposes rule to implement E.O. 13496, 847; OLMs seeks data related to rights poster, In Brief, 964; business groups criticize proposal, 1069; analysis of comments on DOL proposed rule, 1069
– Obama agenda on labor and employment law called aggressive, but pragmatic by ABA panelists, 863
– Social media policies, employers monitoring Facebook, MySpace sites offered tips on avoiding SCA, Title VII, NLRA liability, 761
– Truth in Employment Act

See LEGISLATION, FEDERAL, HR 2808, S 1227

NATIONAL LABOR RELATIONS BOARD (NLRB)

– Appointments and personnel changes

– – Chairman, Liebman designated, In Brief, 68
– – Members, union attorneys Becker and Pearce nominated, In Brief, 460; GOP Senate staffer Hayes tapped, 741; Becker (D), Pearce (D), and Hayes (R) nominations sent to Senate, 768; no Senate action as recess begins, Chamber calls for hearing on Becker, 877; HELP panel approves all, McCain threatens hold on Becker, 1128

– Budget FY2009, omnibus spending bill

See LEGISLATION, FEDERAL, HR 1105

– Decisionmaking

– – Liebman (D) hopes for more dynamic approach from board, labor law reforms from Congress, Conference Report, 276; reversal of pro-employer positions likely with Democratic majority, 845
– – Performance, FY2009, 2-member board, 1171

– Quorum

– – Fla. nursing home, 2-member NLRB has authority to issue decisions, orders under §3(b), DOJ memorandum (2d Cir.), 655; resolution of circuit split on 2-member authority sought (U.S., rev sought), 1017
– – Staffing firm, 2-member panel authorized to issue decisions, confidentiality ruling upheld (1st Cir.), 299; NLRA §3(b), circuits split on authority of 2-member NLRB to issue rulings (D.C. Cir.) (7th Cir.), 488
– – Steel firm, 2-member panel NLRA §3(b) authority to issue rulings (7th Cir.), 488; Court asked to uphold authority of 2-member board (U.S., brief filed), 1045

NATIONAL MEDIATION BOARD (NMB)

– Appointments and personnel changes, chairmanship shifts to Dougherty, In Brief, 741
– Budget FY2009, omnibus spending bill

See LEGISLATION, FEDERAL, HR 1105

– E-filing, trial period extended to Aug. 10, Sept. 8 switchover set, In Brief, 768

NATIONAL NURSES ORGANIZING COMMITTEE (CNA/NNOC)

– Single-payer health care, “Medicare for all” would create 2.6 million new jobs, report, 70

NATIONAL ORIGIN DISCRIMINATION

– Fair Pay Act

See LEGISLATION, FEDERAL, HR 2151, S 904

– Harassment

– – Failure to investigate slurs, taunts, graffiti by co-workers, county jail employee of Arab ancestry has triable claims (N.D. Ill.), 550
– – Mexican-born teacher reassigned to teach lower grade with no loss of pay, benefits failed to show adverse action, retaliation (7th Cir.), 605
– – Racial and ethnic comments by manager, $292,500 settles EEOC suit against Nordstrom on behalf of black, Hispanic employees (S.D. Fla.), 431

– Pay bias, Hispanic grocery workers' bid for class certification revived (U.S., rev den), 96
– Preclusion, §1981, same facts, Title VII dismissal bars (3d Cir.), 1110
– Promotions, benefits denied, $4.3M settles EEOC claim on behalf of underpaid Hispanic workers (S.D.N.Y.), 319
– Retaliation

– – Evidence, award, pretext claim unsupported (U.S., rev den), 682
– – Failure to promote, Moroccan Muslim sales representative fired after EEOC complaint, jury verdict upheld (9th Cir.), 997
– – Mexico-born box packer warned to “speak American” fired for poor performance, claims revived (10th Cir.), 352
– – Refusal to take English lessons to overcome accent not covered by Title VII, retaliation claim rejected (10th Cir.), 325

NATURAL DISASTERS

– Volunteer Firefighter and EMS Personnel Job Protection Act

See LEGISLATION, FEDERAL, S 1025

NEBRASKA

– E-Verify use required for state or local contracts under new law, In Brief, 404
– Labor legislation, 2008, DOL reports, 145

NEGLIGENCE

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

NEVADA

– Arbitration, mandatory, unconscionability under state law, court not arbitrator to decide (9th Cir.), 1001
– Construction fatalities, OSH program review, OSHA report, 1166
– Domestic partners, anti-bias bill without health benefits requirement vetoed, In Brief, 572; veto overridden, 601
– Minimum wage hike set, In Brief, 374

NEW HAMPSHIRE

– Labor legislation, 2008, DOL reports, 145
– Mass layoffs, plant closings, governor signs state WARN Act, In Brief, 880
– Unemployment insurance, DOL extends benefit period, 879

NEW JERSEY

– Finance sector layoffs, ETA grants $22M tri-state award to remedy, In Brief, 151
– Independent contractor misclassifications

– – FedEx, payroll taxes, worker protections, 713
– – Lawsuit proposed, 1130
– – Willful violations, workers' compensation, stop-work penalty bill signed, In Brief, 767

– Labor legislation, 2008, DOL reports, 145
– Overtime

– – Furniture delivery drivers, $2.5M back pay, $2.26M penalty settle retailer's violations, 740
– – Retail store manager class action not certified (D. N.J.), 961

– Prevailing wages, construction contractor's deposition queries about claimants' immigration, residency, citizenship status unlawful (N.J. Super. Ct.), 580
– Same-sex marriage, state law developments may affect employer policies, attorneys discuss impact on benefits, taxes, Analysis & Perspective, 472
– Whistleblowing

– – Off-label marketing, pharmaceutical VP failed to link firing to protected activity (S.D.N.Y.), 1056
– – Refusing to use company Web sites due to privacy concerns, fired UPS worker has valid claim linked to identity theft law (D.N.J.), 498

NEW MEXICO

– Labor legislation, 2008, DOL reports, 145
– Minimum wage, treble damages for violations, bill signed, In Brief, 404

NEW YORK

– ADA, physician fired after stalking co-worker has no bias, pretext claim (S.D.N.Y.), 103
– Age bias

– – RFOA affirmative defense waiver not excused, RIFd employees' $4M class award reinstated (N.D.N.Y.), 543
– – Shoe importer, executives must defend revived firing claims alleging biased influence, pretext (2d Cir.), 16

– Finance sector layoffs, ETA grants $22M tri-state award to remedy, In Brief, 151
– Health care workers, mandatory flu vaccinations, TRO (N.Y. Sup. Ct.), 1129; rule suspended, 1158
– Independent contractor misclassification, FedEx, 1130
– Labor legislation, 2008, DOL reports, 145
– New York Wage Watch, state labor department joins with unions, community groups to monitor wage law compliance, plan summarized, 109
– Privacy, new law restricts employer sharing of SSNs, personal data, In Brief, 12
– Same-sex marriage, state law developments may affect employer policies, attorneys discuss impact on benefits, taxes, Analysis & Perspective, 472
– Sex bias

– – Pay and promotions, comparator and other evidence fails, dismissal upheld (2d Cir.), 829
– – Stereotyping, male employee forced to resign over unconfirmed sexual harassment complaint has triable claim against county for constructive discharge (2d Cir.), 576

– Sexual harassment, emotional distress, fault split evenly between physician and hospital, nurse awarded record $15M (N.Y. Sup. Ct.), 240
– Sexual orientation bias, employee fired after complaining of mockery by co-worker has retaliation claim, not bias (S.D.N.Y.), 408
– Underpaid wages, state's targeted enforcement program yielded record $24.6M recovery in 2008, 24
– Unemployment insurance, DOL extends benefit period, 879
– Wage and hour

– – Brooklyn supermarkets pay $1.125M to baggers, delivery workers to settle state charges (N.Y. Sup. Ct.), 740
– – Fuel oil truck dispatchers may sue for back pay, liquidated damages, administrative exemption not shown (E.D.N.Y.), 161
– – Garment pieceworkers fired after filing N.Y., FLSA wage claims against intertwined employers have standing to sue, but plant closure precludes reinstatement (E.D.N.Y.), 636
– – Ollie's Noodle Shop and Grill, $2.3M settles state claims against owner of 9 NYC restaurants, federal lawsuit pending (S.D.N.Y.), 289
– – Pharmaceutical salespersons exempt under FLSA, Cal., N.Y. laws (S.D.N.Y.), 76
– – Worker protection bill signed, In Brief, 936

– WARN Act, emergency rules issued, In Brief, 125; layoff pace, emergency/proposed rules issued to implement 2008 law, 180
– Whistleblowers, governor vetoes expanded bill, In Brief, 1020

NEWSPAPERS

– McClatchy, restructuring, job and pay cuts, In Brief, 264

NIOSH

See NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH (NIOSH)

NLRA

See NATIONAL LABOR RELATIONS ACT (NLRA)

NLRB

See NATIONAL LABOR RELATIONS BOARD (NLRB)

NMB

See NATIONAL MEDIATION BOARD (NMB)

NOISE

– Exposure, AIHA letter urges OSHA to reduce permissible limit (PEL), NIOSH also recommends, 466

NONCOMPETE AGREEMENTS

– Damages, executive properly awarded where employer reneged on promised salary payment for unemployment (8th Cir.), 243
– Information key factor, as communication technology speeds ahead, attorneys cautioned to stay informed, Conference Report, 361
– Management consultant working for competitor breached pact, but $1.7M in “make-whole” damages unsupported by proof of actual losses, reversed (11th Cir.), 887
– Overbroad covenant unenforceable, insurance firm's solicitation, confidentiality pact not breached (Ga. Ct. App.), 805

NORTH CAROLINA

– Labor legislation, 2008, DOL reports, 145

NORTH DAKOTA

– Labor legislation, 2008, DOL reports, 145

NOTICE AND NOTIFICATION

– Alert Laid-Off Employees in Reasonable Time (ALERT) Act

See LEGISLATION, FEDERAL, HR 2077

– ERISA disclosure violations, DOL final rule assesses civil penalties against plan administrators, 11
– Federal contractors, NLRA rights, posting notices, DOL proposes requirements, 847; OLMs seeks data related to rights poster, In Brief, 964; analysis of comments on proposed DOL rule, 1069

NURSES

– ADA, driving not major life activity, county nurse who resigned due to anxiety after car accident lacks disability, bias claims (7th Cir.), 427
– Community-Based Health Care Retraining Act

See LEGISLATION, FEDERAL, HR 3234

– Influenza

– – N.Y., mandatory vaccinations, TRO (N.Y. Sup. Ct.), 1129; rule suspended, 1158
– – Pandemic flu, OSHA standard urged, facilities unprepared, 438

– NNOC

See NATIONAL NURSES ORGANIZING COMMITTEE (CNA/NNOC)

– Nurse and Health Care Worker Protection Act

See LEGISLATION, FEDERAL, HR 2381, S 1788

– Overtime, FLSA, hourly base rates vary with schedule (9th Cir.), 1167
– Patient lifting, back injury rate outnumbers mining, manufacturing, construction, 747
– 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

NURSING HOMES

– Care Centers, FMLA, retroactive termination of health benefits, $85K judgment affirmed for consultant who gave birth to triplets (7th Cir.), 554
– Community-Based Health Care Retraining Act

See LEGISLATION, FEDERAL, HR 3234

– Epworth Villa, race bias, nurse's aide lawfully fired for providing unredacted patient records to EEOC as proof of bias (U.S., rev den), 234
– Laurel Baye Healthcare of Lake Lanier, 2-member NLRB lacked NLRA §3(b) authority to issue rulings (D.C. Cir.), 488; NLRB files appeal for reversal (U.S., rev sought), 1045
– N.Y., health care workers, mandatory flu vaccinations, TRO (N.Y. Sup. Ct.), 1129; rule suspended, 1158
– Ozark Health, 90-day waiting period for health plan coverage, firm acted properly, written terms trump oral agreement (E.D. Ark.), 329
– Snell Isl. SNF d/b/a/ Shore Acres Rehab. & Nursing Center, 2-member NLRB has authority to issue decisions, orders under §3(b), DOJ memorandum (2d Cir.), 655; resolution of circuit split on 2-member authority sought (U.S., rev sought), 1017