Human Resources Report Index-Summary

OCCUPATIONAL SAFETY AND HEALTH

– Avian flu

– Cal/OSHA approves airborne, zoonotics disease standards, 578; employers struggling to meet compliance deadline, 803
– H1N1 virus (Swine Flu)

See H1N1 VIRUS

– Hazardous substances

See HAZARDOUS SUBSTANCES

– Injuries and illnesses

See INJURIES AND ILLNESSES

– Medical marijuana, safety advocates support Ore. bills restricting use on job, 380
– Nanotechnology

See NANOTECHNOLOGY

– NIOSH

See NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH (NIOSH)

– Pandemic influenza

See INFLUENZA

– PPE

See PERSONAL PROTECTIVE EQUIPMENT (PPE)

– Protection of workers, advocacy groups list priorities for Obama administration, Congress, meeting, 104

OCCUPATIONAL SAFETY AND HEALTH ACT (OSH ACT)

– Reform, safety groups, unions urge Kennedy (D-Mass) to reintroduce bill, 18

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

– Administration

– – Appointments and personnel changes

– – – Assistant labor sec'y, Arabzadeh nomination urged, 298
– – – Director, Seminario disqualified for past lobbying, 354; Barab named as acting chief, 374; Michaels emerges as front runner for head, 552; Michaels nomination, 830; Chamber critical, 1111
– – – Interim chief, Shalhoub named, In Brief, 68

– – Budget

– – – FY2009, omnibus spending bill

See LEGISLATION, FEDERAL, HR 1105

– – – FY2010, Obama releases outline, summary, 207; DOL request, overview, 488; for further action, see LEGISLATION, FEDERAL, HR 3293

– Enforcement

– – Combustible Dust Explosion and Fire Prevention Act

See LEGISLATION, FEDERAL, HR 849

– – Ergonomics

See ERGONOMICS

– – Field Operations Manual, revisions temporarily on hold, 131; revisions released, settlement language triggers Senate scrutiny, 380
– – Hexavalent chromium, permissible exposure limit properly explained, adequately supported by administrative record (3d Cir.), 214
– – Hiring, inspectors

– – – ARRA requirements, FY2009 budget poses rare challenge for agency, summary, 690
– – – Congressional report directs agency to hire at least 30 in 2009, 381

– – Independent contractors

– – – Fatalities, BLS to begin tracking in 2011 to aid OSHA, lawmakers, 187
– – – Reclassifying contractors as employees, consequences, Viewpoint, 865

– – Influenza

See INFLUENZA

– – Injuries and illnesses

See INJURIES AND ILLNESSES

– – Inspections of high-hazard worksites planned, 634
– – Multiemployer worksite, agency may cite general contractors for hazards created by subcontractors, no conflict with “controlling employer” policy (8th Cir.), 244
– – New hires, planned addition of 130 inspectors may not be enough, Solis says, 748
– – Noise exposure, AIHA letter urges OSHA to reduce permissible limit (PEL), NIOSH also recommends, 466
– – Nurse and Health Care Worker Protection Act

See LEGISLATION, FEDERAL, HR 2381, S 1788

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

– – – Inadequate to deter worksite health and safety violations, witnesses tell House panel, 466
– – – Structure review tops to-do list, Barab says, 748

– – Priorities for Obama administration, advocates outline concerns in NYCOSH publication, 214
– – Protecting America's Workers Act, Rep. Woolsey (D-Cal) to introduce update in House, seek more stringent penalties, 131; House Democrats may reintroduce new version, 242; bills, see LEGISLATION, FEDERAL, HR 2067, S 1580
– – Swine flu

See generally INFLUENZA

– – Toxic and hazardous exposures numbers rising, but OSHA health inspections fewer, PEER study, 1055
– – Voluntary Protection Program, participation, revisions detailed, 47; GAO says program needs improved oversight, controls, lawmakers comment, 690; OSHA official, industry discuss improvement strategies, meeting, 803; GAO criticism spurs improvements outlined in Barab memo, 914
– – Whistleblowers, inadequacies cited, more resources and tracking needed, GAO reports to lawmakers, DOL agrees, 275

– Rules and regulations

– – Airborne, zoonotics disease standards approved by Cal/OSHA, SEIU urges federal OSHA to emulate, 578; employers struggling to meet compliance deadline, 803
– – Chemical process safety rule, revision after Congressional request, accident report, 1026
– – Combustible dust, advance notice released, 1139
– – Diacetyl exposure rule withdrawn, small business advocacy review panel sought, 298
– – DOL semiannual regulatory agenda, overview, 515
– – Ergonomics

See ERGONOMICS

– – Globally Harmonized Sys. of Classification and Labeling of Chemicals, rule sent for OMB review, In Brief, 572; rule to align with GHS proposed, 1054
– – PPE, national consensus design standards incorporated into numerous OSHA updates, 970
– – Respiratory protection standard, revised fit-testing protocols proposed, 105; guidance issued on assigned protection factors, 381
– – Silica, beryllium, diacetyl standards, semiannual regulatory agenda, overview, 524

ODEP

See DISABILITY EMPLOYMENT POLICY OFFICE (ODEP)

OFCCP

See FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE (OFCCP)

OFF-THE-CLOCK WORK

– Commuting time in company car, LoJack technician's preliminary activities not compensable, but postliminary activities claim viable (9th Cir.), 945
– FedEx, five subclasses of drivers certified for class actions but three stayed (N.D. Cal.), 458
– Wal-Mart, payment up to $640M settles 63 pending federal and state suits, 8; Nev., settlement approved (D. Nev.), 600; Minn., settlement approved (Minn. Dist. Ct.), 626

OFFICE AND PROFESSIONAL EMPLOYEES (OPEIU)

– Locals 29, 30, Kaiser Permanente to cut jobs in Cal., cites declining enrollment, In Brief, 908

OFFICE ROMANCE

– Men and women, most willing to sacrifice career for love, survey, 121

OFFSHORE OUTSOURCING

– Multinational firms, loss of U.S. jobs tied to recession, productivity, not offshoring, Business Roundtable report, 303
– Share of U.S. service sector firms with plans grows to 53 percent, study shows, 890

OHIO

– Age bias, substantial evidence, $6M verdict upheld, but $10M punitives violate due process, remanded (6th Cir.), 296
– Independent contractors misclassification, FedEx, payroll taxes, worker protections, 713
– Labor legislation, 2008, DOL reports, 145
– Sexual harassment, “sex-specific” language satisfies “based on sex” element even if plaintiff not personally targeted, claim revived (6th Cir.), 576

OIG

See INSPECTORS GENERAL (OIG)

OIL AND GAS

– Chevron, Unocal, ERISA, change-in-control, loss of stock options does not entitle constructive discharge claimant to enhanced benefits (5th Cir.), 609
– ChevronTexaco, ERISA, workers hired through staffing agencies eligible for retirement benefits, claim revived as timely (S.D.N.Y.), 215
– 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
– El Paso, ADEA, cash balance plan, Ledbetter Act applied to revive accrual rates challenge (D. Colo.), 943
– Energy Safety Servs., ADA, driving not major life activity even in rural area, improper jury instruction triggers reversal, remand (U.S., rev den), 369
– KMPG Servs., ADEA claim rejected, oilfield worker lawfully fired for viewing pornography, breach of computer policy (5th Cir.), 1025
– Metro Fuel Oil, FLSA, truck dispatchers denied overtime may sue for back pay, liquidated damages, administrative exemption not shown (E.D.N.Y.), 161
– Sunoco, race bias, right to investigate testing methods reserved to EEOC, subpoena enforceable despite issuance of right-to-sue letter (E.D. Pa.), 157

OKLAHOMA

– Firearms in locked vehicles, OSH Act general duty clause does not preempt amendments to state laws banning guns in workplace, injunction reversed (10th Cir.), 179
– Labor legislation, 2008, DOL reports, 145
– Sex bias, inconsistent reasons for discharge insufficient to show pretext for ADEA claim, but bias claim proceeds (N.D. Okla.), 437

OLDER WORKERS

– AARP reports older Hispanics could help fill jobs as workforce ages, recruitment and retention tips, challenges reviewed, 666
– Am. Recovery and Reinvestment Act

See LEGISLATION, FEDERAL, HR 1

– Ergonomics, prevention of musculoskeletal disorders key protection factor, speakers discuss aging workforce, productivity, forum, 747
– Health insurance, retirees

See RETIREE HEALTH BENEFITS

– Protecting Older Workers Against Discrimination Act

See LEGISLATION, FEDERAL, HR 3721, S 1756

– Recession effects analyzed, layoff, hiring, retirement woes discussed, 247
– Retirement

See RETIREMENT

OLDER WORKERS BENEFIT PROTECTION ACT (OWBPA)

– Retaliation under ERISA §510 rejected, severance pay properly denied where company lacked cash and part-time CFO fired for cause (2d Cir.), 467
– Waivers of claims, EEOC issues guidance, burgeoning bias, benefits cases analyzed, 780

OLMS

See LABOR MANAGEMENT STANDARDS OFFICE (OLMS)

OMB

See MANAGEMENT AND BUDGET OFFICE (OMB)

ON-CALL TIME

– Emergency service workers, pay not required unless actually called to duty during waiting periods, Wage and Hour Op. Letter, 291
– “Hours worked” time not compensable despite restrictions, Wage and Hour Op. Letter, 39

OPERATING ENGINEERS (IUOE)

– Local 542, race bias, shipyard workers denied advanced training fail to show pretext (3d Cir.), 802

OPM

See PERSONNEL MANAGEMENT OFFICE (OPM)

OREGON

– Labor legislation, 2008, DOL reports, 145
– Medical marijuana, safety advocates support bills restricting use on job, 380
– Organizing, gov. signs meeting attendance bill, In Brief, 714
– Religious accommodation bill enacted, In Brief, 797
– Whistleblowers

– – Independent investigation, firing decision by boss precludes biased subordinate's personal liability, verdict favoring claimant vacated (9th Cir.), 185
– – Worker protection bill signed, In Brief, 684

– Workers' compensation, retaliation claims proceed for satellite installer, appealed closure, re-employment claim dismissed (D. Or.), 555

ORGANIZING

– Employee Free Choice Act (EFCA)

– – Card check authorization, NLRA amendment bill

See LEGISLATION, FEDERAL, HR 1409, S 560

– – HR Outlook, 2009, 33
– – Labor, management gearing up for fight over 2009 passage, Analysis, 5; pro-EFCA group defends bill, says secret ballot voting not eliminated, 135; experts discuss impact on nonunion employers, strategies if enacted, 173; Secret Ballot Protection Act, GOP lawmakers plan to introduce bill requiring secret ballot NLRB elections, preempt EFCA, 205; unionized workers' higher wages show need for EFCA, teleconference, 219; Biden expressed support for EFCA in address to AFL-CIO Executive Council meeting, 232
– – Online video game created by Alliance for Worker Freedom, 820
– – Public reaction, Gallup poll results, 303

– Haw., gov. card check veto overrode, In Brief, 768
– Membership data for 2008 by industry, gender, BLS report, comments summarized, 136
– NLRB elections data by union affiliation, 2008, BNA preliminary analysis, 500
– Or., gov. signs meeting attendance bill, In Brief, 714
– Threats, harassment, employer opposition to protected activities has intensified since 1999, EPI report, 583
– Truth in Employment Act

See LEGISLATION, FEDERAL, HR 2808, S 1227

– Union

See specific unions

OSHA

See OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

OUTSOURCING

– HR and payroll activities

– – Agfa Corp., Case Study, WFS 28 (1/26/09)
– – Contracts, vendors, liability issues discussed, WFS 16 (1/26/09)
– – Evaluating and choosing providers, WFS 11 (1/26/09)
– – Hexion Specialty Chemicals, Case Study, WFS 23 (1/26/09)
– – HR Department Benchmarks and Analysis 2008, WFS 6 (1/26/09)
– – Pediatric Affiliates P.A., employer tax liability outlined, WFS 22 (1/26/09)
– – Strategy development examined, WFS 7 (1/26/09)
– – Taxation, legal issues examined, WFS 12 (1/26/09)

OVERTIME

– Assistant store managers awarded $2.48M, class action (D.N.J.), 217
– Back pay, $288M settles brokers' class claims, approved (E.D. Pa.), 796
– Bush-era opinion letters, DOL releases 40, withdraws 20, 262; correction, 292
– Business or company pilots, FLSA “position of non-enforcement” reaffirmed, Wage and Hour Op. Letter, 291
– Casey's Gen. Stores, assistant managers, cooks, cashiers, $11.7M settles FLSA, Iowa class claims (S.D. Iowa), 516
– Cintas, misclassified drivers, negotiations underway on terms of $22.75M nationwide settlement (N.D. Cal.), 906
– Class arbitration waiver, bar on seeking civil penalties on behalf of other employees unconscionable, unenforceable (Cal. Ct. App.), 260
– Commuting time in company car, LoJack technician's preliminary activities not compensable, but postliminary activities claim viable (9th Cir.), 945
– Construction contractor's deposition queries about FLSA claimants' immigration, residency, citizenship status unlawful (N.J. Super. Ct.), 580
– Deductions from base pay to reclaim bonuses already paid affects salary basis, exempt status under FLSA (6th Cir.), 553
– Entitlement, requiring EEOC employees to take compensatory time instead of pay for excess hours worked willful FLSA violation (Arb., FMCS), 355
– Executive exemption, store managers, attendance at training program for area manager positions does not alter FLSA status, Wage and Hour Op. Letter, 39
– Failure to aggregate hours violated FLSA, hospital network settles DOL suit (D. Mass.), 459; 700 workers get $2.7M in back pay, 822
– Family-Friendly Workplace Act

See LEGISLATION, FEDERAL, HR 933

– Fuel oil truck dispatchers may sue under FLSA, N.Y. law for back pay, liquidated damages, administrative exemption not shown (E.D.N.Y.), 161
– Garment pieceworkers fired after filing N.Y., FLSA wage claims have standing to sue, but plant closure precludes reinstatement (E.D.N.Y.), 636
– Hallmark, Cal. employees' consolidated class actions settled for $5.6M, preliminarily approved (C.D. Cal.), 568
– Ill., forced holidays did not forfeit exempt status of professional employees under state law (Ill. App. Ct.), 526
– Independent contractors, misclassifictions

See INDEPENDENT CONTRACTORS

– Insurance sales, financial reps file $200M FLSA, Cal. class suit alleging misclassification as independent contractors (S.D. Cal.), 713
– Landscaper fired after filing wage/benefit form with state DOL has viable FLSA retaliation claim (D. Vt.), 831
– Mich., questioning firm's compliance with state law was protected whistleblower activity, fired accountant may sue (Mich. Ct. App.), 806
– Motor Carrier Act

– – Airport-to-seaport trips interstate travel, bus drivers subject to FLSA exemption (11th Cir.), 860
– – Dairy delivery driver covered by exemption, Fla. deliveries part of interstate commerce (11th Cir.), 1058
– – Tow truck driver exempt, limited to intrastate wrecker runs (S.D. Ind.), 722
– – Trucker with intrastate delivery route not exempt, employer must pay (N.D. Ill.), 691

– New Jersey

– – 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

– New York

– – Restaurants, $2.3M settles state wage and hour claims against NYC owner, federal lawsuit pending (S.D.N.Y.), 289
– – Worker protection bill signed, In Brief, 936

– Nonresident workers, Cal. labor code ruling withdrawn (9th Cir.), 178
– Outside sales exemption

– – Insurance agents may be eligible for administrative exemption, job duties, form of pay cited, Wage and Hour Op. Letter, 319
– – Marketing executive paid commissions covered under FLSA despite never closing a sale (11th Cir.), 106
– – Pharmaceutical salespersons

– – – Primary duty is explaining products to physicians, not FLSA-qualified (D. Conn.), 410
– – – “Selling,” “obtaining orders” not defined by Cal. law, question certified whether reps subject to outside sales or administrative exemption (9th Cir.), 497
– – – Subject to outside sales, administrative exemptions under FLSA, Cal., N.Y. laws (S.D.N.Y.), 76

– Pharmacy chain settles dual FLSA class actions for $3.5M (S.D.N.Y.), 67
– Premiums due on performance-related bonuses, $747.7K settles FLSA violations, DOL probe, 823
– Race track jobs not FLSA-exempt despite state law duties, racing officials' claims revived (4th Cir.), 497
– Remedies, FLSA claims not cognizable under ERISA despite effects of classification on plan (M.D. Fla.), 721
– Retaliation, pay and punitive damages claims allowed (E.D. Ark.), 1000
– 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

– SCA coverage, FLSA suit (N.D. Ill.), 1113
– Sprint/United Mgmt., $8.77M settles class suits (D. Kan.), In Brief, 68
– Supplemental pay, share of compensation depends on industry, BLS analysis, 376
– Teachers

– – Athletic instructor's exempt professional status not affected by recruiting work, Wage and Hour Op. Letter, 11
– – School district's occupational therapy assistants not FLSA-exempt professionals despite training, certification, Wage and Hour Op. Letter, 11

– Tyson Foods, no overlap, meat workers' collective FLSA, Kan. claims advance (D. Kan.), 208
– Undocumented kitchen worker's claim he used fake identity for extra hours not credible, claim rejected (S.D. Tex), 190
– Wage and hour laws, stronger enforcement meant to send message to noncompliant employers, Solis says, 833
– Wal-Mart, payment up to $640M settles 63 pending federal and state suits, 8; settlement approved (D. Nev.), 600

OWBPA

See OLDER WORKERS BENEFIT PROTECTION ACT (OWBPA)