Human Resources Report Index-Summary

PAPER INDUSTRY

– Georgia-Pacific, ADA, physical capacity test after knee replacement unlawful, mill worker's claim revived (9th Cir.), 1052
– Procter & Gamble Paper Prods., sexual harassment, technician has no claim where prompt and remedial action taken (3d Cir.), 633
– Simpson Paper, ERISA, retiree health benefits, prior ruling reversed (9th Cir.), 579
– Solo Cup, sick leave, no statutory or constitutional right to jury trial for damage suits under Wis. law (Wis.), 804

PART-TIME EMPLOYEES

– CSRS annuitants part-time work bill

See LEGISLATION, FEDERAL, S 469

– Part-Time Reemployment of Annuitants Act

See LEGISLATION, FEDERAL, S 629

PAY

See WAGES AND SALARIES
– Back pay

See BACK PAY

PAY EQUITY

– Cal., bill vetoed, 1105
– DOL-commissioned wage gap study lacked proper clearance, pulled from Web pending Solis review, 135
– Fair Pay Act

See LEGISLATION, FEDERAL, HR 2151, S 904

– Iowa, liquidated damages bill signed, incorporates federal Ledbetter law, In Brief, 460
– Lilly Ledbetter

– – EEOC compliance manual revised to conform with law, In Brief, 907
– – Fair Pay Act

See LEGISLATION, FEDERAL, HR 11, S 181

– – Ill., filing options expanded, In Brief, 935
– – Md., gov. signs Civil Rights Restoration Act, In Brief, 403

– National origin bias, Hispanic grocery workers' bid for class certification revived (U.S., rev den), 96
– Obama agenda on labor and employment law called aggressive, but pragmatic by ABA panelists, 863
– Recession, severe impact of economic downturn on women noted in Congressional forum, more attention needed, 556
– Sex bias, Wal-Mart, en banc review ordered on class certification for over 1 million claimants (9th Cir.), 177; oral argument, attorneys clash over class certification, mini-trials (9th Cir., en banc), 332
– Systemic sex bias, Dell $9.1M class settlement wins preliminary approval (W.D. Tex), 821
– Women and girls, Obama signs executive order establishing council, 264
– Women's earnings

– – Gap by education level ranges 25 to 31 percent, Census Bureau reports, 124
– – 2008, BLS reports, 826

PAYROLL

– 2009 numbers, key data, basic figures, and contact information for practitioners, Special Report, 110

PDA

See PREGNANCY DISCRIMINATION ACT (PDA)

PENALTIES

– COBRA subsidies, notice of other coverage, IRS posts penalty reminder, In Brief, 936
– Del. enacts workplace fraud bill, imposes stop-work, penalties for construction employee misclassifications, 852
– E-discovery, federal rules impose risks on employers, pitfalls explained, Conference Report, 306
– ERISA disclosure violations, DOL final rule assesses civil penalties against plan administrators, 11
– Freedom From Union Violence Act

See LEGISLATION, FEDERAL, HR 2537

– Illegal Immigration Enforcement and Social Security Protection Act

See LEGISLATION, FEDERAL, HR 98

– Independent contractor misclassification, IRS assessments, Viewpoint, 837
– Multiemployer plans, underfunding, DOL proposes civil penalties rule, 963
– Safety and health

– – Multiemployer worksite, OSHA may cite general contractors for hazards created by subcontractors, no conflict with “controlling employer” policy (8th Cir.), 244
– – OSHA

– – – Review of penalty structure tops to-do list, Barab says, 748
– – – Worksite violations, fines inadequate to deter, witnesses tell House panel, 466

– – 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
– – Shoppers trampled part-time worker to death, Wal-Mart, OSHA proposes maximum allowable fine of $7K, 578

– Undocumented workers, EU Parliament backs criminal sanctions against hiring firms, repeat offenders, 164

PENNSYLVANIA

– Domestic violence, Philadelphia ordinance approved, In Brief, 67
– Labor legislation, 2008, DOL reports, 145
– Mandatory arbitration not enforceable where notice, consent lacking, bias claimant never received agreement (3d Cir.), 355
– Race bias

– – Retaliation, state and federal claims advance for supermarket butcher who tied adverse actions to EEOC charges despite 6-year gap (E.D. Pa.), 46
– – Shipyard workers denied advanced training fail to show pretext (3d Cir.), 802

– Reverse race bias, comparators not similarly situated, engineer fired for speeding has no claim (3d Cir.), 802
– Sexual harassment

– – Human Relations Act 4-employee threshold, at-will employment doctrine, small employer siut barred (Pa.), 828
– – UI ineligible, benefits reversed for bias claimant who quit job after disciplinary action imposed (Pa. Commw. Ct.), 1029

PENSION BENEFIT GUARANTY CORPORATION (PBGC)

– Budget

– – FY2009, omnibus spending bill

See LEGISLATION, FEDERAL, HR 1105

– – FY2010, DOL budget request, overview, 488

– Financial/actuarial reporting requirements amended, final rule released, summary, 289
– Forfeitures, plan terminations, proposed rule would protect benefits in trusteed plans under USERRA, 819
– Multiemployer plan withdrawal liability, SEIU request to use ERISA special rules for Chicago residential cleaning industry approved, 991
– Pension plan takeovers

– – Circuit City, 570
– – Lehman Bros. Holdings, In Brief, 684

– Sexual harassment, affirmative defense dooms auditor's claim, reporting delay unreasonable, employer was quick to correct (D.C. Cir.), 772

PENSION PROTECTION ACT (PPA)

– Automatic enrollment in defined contribution plans, IRS issues final implementing rule, summary, 206; timing of rule could dampen employer participation, 238
– Defined benefit plans

See DEFINED BENEFIT PLANS

– Excess funding as worrisome as underfunding, attorney explains, 853
– Funding status zones locked in at 2008 levels by majority of plans, Segal reports, 743
– Investment advice, participant-directed accounts, DOL releases final rule, Rep. Miller (D-Cal) predicts harm to investors, vows to block, summary, 66; rule delayed to consider legal and policy issues, 318
– Retroactivity rejected, cash balance plan's failure to use whipsaw calculation for pre-PPA lump-sum distributions was statutory violation, but ERISA civil enforcement remedy lawfully applied (U.S., rev den), 37
– Worker, Retiree, and Employer Recovery Act

See LEGISLATION, FEDERAL, HR 7327

PENSIONS

– Cash balance plans

See CASH BALANCE PLANS

– COLAs, 2010 plan benefit limits at 2009 levels, 1103
– Defined benefit plans

See DEFINED BENEFIT PLANS

– Direct-deposit automatic payroll IRAs proposed, employer serves as pass-through, Treasury official outlines possible features, 715
– Financial/actuarial reporting requirements amended, PBGC final rule released, summary, 289
– 401(k) plans

See 401(k) PLANS

– Funding status

– – Decline, freeze decision, IFEPB survey, 1081
– – Surpluses as worrisome as underfunding, attorney explains, 853

– Independent contractor misclassification, consequences, Viewpoint, 837
– Instability, trends affecting largest corporate plans identified, GAO survey report, 349
– Investments, default alternatives, stable value funds inclusion unlikely, report, 1081
– Japan, public agency launched, 1145
– Low inflation may lower 2010 contribution limits, report, 938
– Lump-sum distributions, effect on retirement security analyzed, CRS report, 154
– Nonresidents, payments banned by federal blocker, WFS 6 (5/25/09)
– Phased retirement access blocked by pension rules, bureaucratic barriers, AARP reports, 153
– Plan participation, contributions increased from 1998-2003, declined by 2006, CRS reports, 126
– PPA

See PENSION PROTECTION ACT (PPA)

– Pregnancy bias, workers denied service credits based on calculations using pre-PDA system, justices urged to weigh newly enacted Ledbetter law (U.S., supp. brief filed), 176; (interim order), 233; (dec), 541
– Retirement

– – Future policy could include new risk-mitigation programs, actuary identifies ways to improve traditional model, 686
– – Savings, Obama releases rulings, notices designed to boost input, 963

– Rollover vs. lump sum cash-out, report urges education, incentives to preserve plan distributions at job change, 42
– Salary reduction simplified employee pension (SARSEP) plans, IRS online newsletter aids sponsors, In Brief, 908
– Savings Recovery Act

See LEGISLATION, FEDERAL, HR 2021

– Stock market effects, account balances dropped 20 percent from 2007 to 2009, EBRI report, 882
– Target date funds, demographic factors to consider when selecting identified in EBRI study, 603
– 2009 Retirement Confidence Survey, 406
– Worker, Retiree, and Employer Recovery Act

See LEGISLATION, FEDERAL, HR 7327

PERSONAL PROTECTIVE EQUIPMENT (PPE)

– Avian flu virus, standard masks can protect workers, study, 19
– National consensus design standards incorporated into numerous OSHA updates, 970
– Respirators

– – Airborne, zoonotics disease standards approved by Cal/OSHA, 578; employers struggling to meet compliance deadline, 803
– – Fit-testing, OSHA proposes revised protocols, In Brief, 105; guidance issued on assigned protection factors, 381
– – Popcorn plant shift leader fired for violating new zero-tolerance policy to curb diacetyl exposure, not age bias (S.D. Ind.), 746

PERSONNEL MANAGEMENT OFFICE (OPM)

– Domestic partner benefits, comments sought on proposed rules, In Brief, 1019

PETROLEUM

See OIL AND GAS

PHARMACEUTICAL INDUSTRY

– Amgen, ERISA, stock drop fiduciary breach, ex-employee who cashed out of defined contribution plan has statutory, constitutional standing to sue (9th Cir.), 772
– AstraZeneca, job cuts planned through 2013, In Brief, 125
– Bayer, overtime, “selling,” “obtaining orders” not defined by Cal. law, question certified whether sales representatives subject to outside sales or administrative exemption (9th Cir.), 497
– Eli Lilly, restructuring, job cuts, In Brief, 993
– KV Pharm., layoffs, In Brief, 236
– Merck

– – ERISA fiduciary breach, prudence claim certified for stock drop class action, but not disclosure (D.N.J.), 150
– – PDA, intent to have baby puts claimant in protected class, but pharmaceutical sales rep fired due to poor performance (N.D. Ind.), 17

– Novartis Animal Health, FMLA retaliation claim proceeds for alcoholic manager fired after inpatient treatment program, but not ADA (10th Cir.), 160
– Novartis, overtime, salespersons exempt under FLSA, Cal., N.Y. laws (S.D.N.Y.), 76
– Pfizer

– – FMLA, interference and retaliation, manager fired after adoption proved violations (4th Cir.), 232; (U.S., rev den), 1075
– – Off-label marketing, FCA, N.J. whistleblower claims dismissed (S.D.N.Y.), 1056
– – Severance pay, director demoted after takeover entitled to benefits (D. N.J.), 665
– – Wyeth merger, job cuts, In Brief, 98

– Pharmacia, ERISA, retirees may proceed with claim that health plan amendment invalid, contribution changes fiduciary breach (E.D. La.), 49
– Schering, overtime, sales reps not FLSA-exempt outside salespersons where primary duty is explaining products to physicians (D. Conn.), 410
– Wyeth Pharms., SOX, ambiguity, delay in “definitive notice” of discharge renders engineer's claim timely despite 6-month lag (DOL ARB), 555

PHARMACIES

– Duane Reade

– – Overtime, classification violations, chain settles dual FLSA class actions for $3.5M (S.D.N.Y.), 67
– – Sexual harassment, Bronx store work environment hostile to pregnant women, EEOC claims settled (S.D.N.Y.), 569

– 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

– Walgreens, 1,000 nonstore job cuts through buyouts, involuntary separations, In Brief, 41

PHYSICIANS

– N.Y., mandatory flu vaccinations, TRO (N.Y. Sup. Ct.), 1129
– Reproductive services, rights of conscience

PILOTS

– FLSA, business or company pilots, “position of non-enforcement” reaffirmed, Wage and Hour Op. Letter, 291

PLANT CLOSINGS

– Alcoa, 12
– Alert Laid-Off Employees in Reasonable Time (ALERT) Act

See LEGISLATION, FEDERAL, HR 2077

– Child support, garnishment, WFS 16 (7/27/09)
– Circuit City

– – PBGC plans pension plan takeover, 570
– – U.S. operations, approval to liquidate sought (Bankr. E.D. Va.), In Brief, 68

– Philip Morris USA, N.C., In Brief, 432
– Pratt & Whitney, IAM sues to halt shutdown (D. Conn.), In Brief, 1020
– State labor legislation, 2008, DOL reports, 145
– TAA

See TRADE ADJUSTMENT ASSISTANCE (TAA)

– WARN Act

See WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT
– – Mini-WARN Acts

See specific states

– Whirlpool, Ind. plant closes in 2010, 1,100 job cuts, In Brief, 936

POLITICAL ACTIVITIES

– FEC vote tied on whether to probe illegal express advocacy complaint against Wal-Mart, opts to close case, In Brief, 572
– Or., gov. signs meeting attendance bill, In Brief, 714
– Supreme Court docket overview, 2008-2009, 89
– U.S. Supreme Court docket, 2009-2010 term, Special Report, 1087

POLYGRAPH TESTING

– EPPA

See EMPLOYEE POLYGRAPH PROTECTION ACT (EPPA)

PORTUGAL

– Labor code adopted includes work schedules and training, 222

POSTAL SERVICE (USPS)

– FMLA, service time shortfall (U.S., rev den), 1076

POULTRY PROCESSING

– Avian flu virus, standard personal protective equipment can protect workers, study, 19
– Gold'n Plump Poultry, religious bias, settlement approved in EEOC lawsuit over Muslim prayer breaks (D. Minn.), 347
– Pilgrim's Pride, fiduciary breach, ERISA stock drop class action alleges millions lost (E.D. Tex.), 75

PPA

See PENSION PROTECTION ACT (PPA)

PPE

See PERSONAL PROTECTIVE EQUIPMENT (PPE)

PRE-EMPLOYMENT TESTING

– China, hepatitis B screening, 1145
– Laborers, Kraft minority applicants adversely impacted, $227.5 settles OFCCP charges, 822

PREEMPTION

– E-Verify, Ill. law barring employer enrollment in program unlawfully imposes state standards on federal program, barred (C.D. Ill.), 287
– ERISA

– – Cal., fair share health care, San Francisco 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; city urges denial of review (U.S., opp brief filed), 933; (U.S., brief invited), 1075
– – Md., employment pact, claim challenging withholding of compensation to fund pension plan not preempted (D. Md.), 1027
– – Pension professionals advised preemption, conflicts of interest critical issues as litigation rate climbs, Conference Report, 334

– OSH Act general duty clause does not bar amendment to Okla. laws banning guns in workplace, injunction reversed (10th Cir.), 179

PREGNANCY DISCRIMINATION

– Cal., delivery driver fired after notifying employer, award upheld (Cal. Ct. App.), 459
– Supreme Court docket overview, 2008-2009, 89

PREGNANCY DISCRIMINATION ACT (PDA)

– Discharge, refusal to hire, EEOC proof of reckless indifference mandates consideration of punitive award (8th Cir.), 940
– Evidence, after-acquired proof of job-related misconduct properly rejected where no showing of relevance or factual basis, $50K judgment affirmed (10th Cir.), 240
– Intent to have baby puts claimant in protected class, but pharmaceutical sales rep fired due to poor performance (N.D. Ind.), 17
– Nonrenewal of contract, teacher's timeline shows bias, but not retaliation, FMLA interference claims dismissed (N.D. Ill.), 130
– Pensions, workers denied service credits based on calculations using pre-PDA system, justices urged to weigh newly enacted Ledbetter law (U.S., supp. brief filed), 176; (interim order), 233; (dec), 541
– Pretext, EEOC claim proceeds (N.D. Ind.), 718
– Reassignment, female welder failed to show adverse impact, valid comparator (W.D. Ky.), 523

PRESCRIPTION DRUG BENEFITS

– Generics

– – Increased use offset brand-name price hikes, report, 548
– – U.S. health system saved $734B between 1998-2008, study, 520

PRESIDENT, U.S.

– Appointments

See specific agencies or departments

– Economy

– – Economic Recovery Advisory Board, labor, manufacturing, finance, business representatives appointed to aid turnaround efforts, 162
– – Working Families Task Force created to address middle class work/family concerns, 117; advocates applaud focus on safety, health of middle-class workers in task force, 131

– Executive orders

See EXECUTIVE ORDERS

– Inauguration, letting workers watch festivities boosts morale, 37
– OSHA, priorities for Obama administration, advocates outline concerns in NYCOSH publication, 214
– Regulations, agencies ordered to halt action on Bush-era rules, pending review, 65

PREVAILING WAGES

– N.J, construction contractor's deposition queries about claimants' immigration, residency, citizenship status unlawful (N.J. Super. Ct.), 580
– State labor legislation, 2008, DOL reports, 145

PRIVACY

– Attorney-client privilege

See PRIVILEGE

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

See CONFIDENTIALITY

– DPPA

See DRIVER'S PRIVACY PROTECTION ACT (DPPA)

– E-discovery, federal rules impose risks on employers, pitfalls explained, Conference Report, 306
– Electronic data

– – Monitoring

See ELECTRONIC MONITORING

– – Security

See DATA SECURITY

– N.J., UPS worker fired for refusing to use company Web sites has valid whistleblower claim linked to identity theft law (D.N.J.), 498
– N.Y., new law restricts employer sharing of SSNs, personal data, In Brief, 12
– Reasonable expectation, auditing text messages of police sergeant's department-issued pager 4th Amend., Cal. violation, rehearing denied (9th Cir.), 132
– SCA

See STORED COMMUNICATIONS ACT (SCA)

– State labor legislation, 2008, DOL reports, 145
– Twitter, personal employee data accidentally posted, IABC president highlights pitfalls, offers policy tips, 723

PRIVILEGE

– Attorney-client

– – E-mail, firm had no right to access bias claimant's messages sent to lawyer through company laptop (N.J. Super. Ct. App. Div.), 722
– – SOX retaliation claims revived for in-house attorneys fired after identifying potential fraud on shareholders, privilege no bar (9th Cir.), 917

– U.S. Supreme Court docket, 2009-2010 term, Special Report, 1087

PRODUCTIVITY

– BLS reports

– – Manufacturing, international comparisons, 2007 revised report, 239
– – Nonfarm business sector, 2009 1st quarter, preliminary, 493; revised, 604; 2d quarter revised, 939

– Dogs-at-work, book discusses cost-effectiveness and impact on morale and productivity, 8
– March Madness, impact on workplace, survey, 288
– Recession, report finds U.K. employers squandering talents of workers, 316
– Workplace Internet leisure browsing (WILB) can increase productivity, study, 400

PROMOTIONS

– Disabilities bias, truck driver with prosthetic leg failed to establish prima facie case (7th Cir.), 72
– National origin bias, $4.3M settles EEOC claim on behalf of underpaid Hispanic workers denied promotions, benefits (S.D.N.Y.), 319
– Race bias

See RACIAL DISCRIMINATION

– Sex bias

See SEX DISCRIMINATION

– Sexual harassment, Fla. deputy sheriff who declined post failed to show bias, constructive discharge (U.S., rev den), 38

PUBLISHING INDUSTRY

– Jostens, national origin bias and retaliation, Mexico-born box packer warned to “speak American” fired for poor performance has claim (10th Cir.), 352

PUERTO RICO

– Labor legislation, 2008, DOL reports, 145
– Sexual harassment, failure to report reasonably based on “more than ordinary fear,” affirmative defense rejected, $966K award upheld (1st Cir.), 186

PUNITIVE DAMAGES

– Mass., sex bias, retaliation egregious (Mass.), 1077
– Overtime, retaliation, pay and damages claims allowed (E.D. Ark.), 1000
– PDA, EEOC proof of supervisors' reckless indifference mandates consideration of award (8th Cir.), 940
– SCA, MySpace postings (D.N.J.), 1085
– Supreme Court docket overview, 2008-2009, 89
– Wis., job bias bill sent to gov., In Brief, 518; signed, 627