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Vol. 27, Nos. 1-42, pp. 1-1176 Jan. 12- Nov. 2, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
SALARIES
Ashley Furniture Homestores, employer's failure to address complaints valid basis for hostile environment claim, but race bias, retaliation rejected (M.D. Tenn.), 660
Dillard's, constructive discharge, EEOC suit settled (M.D. Fla.), 625 Gender expression predictor, harassment used as equalizer, study finds, 974 Home Depot, supervisor's brief touching, calls to male managers not hostile environment, but retaliatory firing claim proceeds (11th Cir.), 801
Accounting irregularities, whistleblowing bank CFO's claim properly rejected, no violations shown (U.S., rev den), 429
Ambiguity, delay in definitive notice of discharge renders engineer's claim timely despite 6-month lag (DOL ARB), 555 Bonus offer linked to confidentiality pledge was adverse action, executive's challenge untimely (10th Cir.), 635 Jurisdiction, failure to appeal preliminary findings, final administrative decision (S.D.N.Y.), 1141 Limitations period, notice of firing triggers 90-day filing window, HR director's complaint untimely (DOL ARB), 48 Opposing return policies, retail employee fired after complaint lacked reasonable belief in fraud on shareholders, whistleblower claim dismissed (1st Cir.), 159 Policies to reduce exposure to retaliation claims, minimize impact, attorneys advise on legal, practical concerns, preventive measures, Conference Report, 360 Reporting discrepancies with intransit inventory, agent of publicly-held company, liable under SOX, executive failed to link firing to protected activity (DOL ARB), 971
H-2B visa program
See VISAS
Executive compensation, incentive grant practices, 2009 Top 250 Report, 1106
Executive compensation consultants, SEC proposed rule requires expanded fees disclosure, 769
Integrity Intl. Sec. Servs., sexual harassment, retaliation, employee fired for reports to supervisor rebuts adulterous liaison explanation as pretext (S.D. Miss.), 550
Temco Serv. Indus., mandatory arbitration, SEIU pact clause enforceable under NLRA, and ADEA allows (U.S., rvs, rem), 343 Wackenhut, religious bias, dreadlocked applicant who refused to cut hair raised triable claim, punitive damages unavailable (N.D. Ill.), 495
Overtime, SCA coverage, FLSA suit (N.D. Ill.), 1113
CTW
Local 1, multiemployer plan withdrawal liability, PBGC approves request to use ERISA special rules for Chicago residential cleaning industry, 991 Local 32BJ, mandatory arbitration, pact clause enforceable under NLRA, and ADEA allows (U.S., rvs, rem), 343; AFL-CIO att'y discusses adversarial impact, Conference Report, 416 OSH Act reform, groups urge Kennedy (D-Mass) to reintroduce bill, 18 United Healthcare Workers West (UHW), Kaiser Permanente
Data breach, fired SEIU-UHW worker source of personal security breach, In Brief, 235
Layoffs in Cal., cites declining enrollment, 908
OSHA Field Operations Manual revisions released, settlement language triggers Senate scrutiny, 380
CEOs, totals topped $22M, FY2007 data, survey, 182
COBRA subsidy, ARRA, advice offered to avoid compliance pitfalls, 405 Demotion after takeover, Pfizer director unlawfully denied benefits (D. N.J.), 665 Employment pact, no breach where benefits provided to executive allowed to work in de minimis position after termination until equity compensation vested (4th Cir.), 48 ERISA
OWBPA retaliation rejected, severance properly denied where company lacked cash and part-time CFO fired for cause (2d Cir.), 467
Stock trader who was offered comparable position with purchasing company properly denied benefits (S.D.N.Y.), 750 Separation practices
Cost, legal, morale concerns impact decisions, Analysis & Perspective, 502
HR survey finds firms focused on severance, redeployment, outplacement to improve retention, 375
Damages, failure to hire properly ruled Title VII violation but testimony beyond plaintiff's expertise triggers new trial (3d Cir.), 464
Fair Pay Act Inconsistent reasons for discharge insufficient to show pretext for ADEA claim, but sex bias claim proceeds (N.D. Okla.), 437 Lilly Ledbetter Fair Pay Act
Ledbetter Act, professor tenure denial is pay-related decision, claim timely (S. D. Miss.), 467
Registered sex offender not fired because of sex, claim time-barred (S.D. Tex), 494 Pregnancy bias
Stereotyping, working mother with young children denied job has claim, supervisor remarks support liability (1st Cir.), 352
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 Retaliation
Arbitration, no FAA exemption, claimant subject to valid accord, employer's participation in EEOC proceedings no waiver (8th Cir.), 749
Constructive discharge claim revived for UPS account executive mistreated after FMLA leave (10th Cir.), 215 Evidence, award overturned, pretext claim unsupported (U.S., rev den), 682 Foul mouth, sexual innuendo, demeaning treatment of subordinates, fired female auto parts manager fails to show valid male comparator (E.D. Mich.), 499 Front pay, punitive damages awarded (Mass.), 1077 Gender stereotyping claim revived for gay machine operator, religious bias properly rejected (3d Cir.), 968 Mandatory arbitration, notice, consent lacking, claimant who never received agreement not required under Pa. law to arbitrate bias claims (3d Cir.), 355 Passive bystander, claim alleging firing due to fiancee filing sex bias charge against mutual employer rejected where participation, opposition activity lacking (6th Cir.), 632; ruling may herald next phase of retaliation debate, attorneys predict, 649 Pay and promotions, comparator and other evidence fails, dismissal upheld (2d Cir.), 829 Temporal proximity, filing complaint no shield against discipline for prior insubordination, claim fails (U.S., rev den), 65 Working mother, casino sales manager mistreated, fired after becoming stepmother showed pretext, claims revived (9th Cir.), 522 Stereotyping
Job offer rescinded after sex change disclosure, transsexual awarded nearly $500K (D.D.C.), 489
Male elections official forced to quit over sexual harassment complaint has triable claim against county for constructive discharge (2d Cir.), 576
Gerber Prods., hiring, $900K, entry-level jobs settle OFCCP charges, 907
Pay, firings, Dell $9.1M class settlement wins preliminary approval (W.D. Tex), 821 Waiver of claims in Ford buyout was knowing, voluntary release encompassing existing bias claims (7th Cir.), 411
Affirmative defense
Inappropriate remarks, touching, remedial steps proved more than reasonable, claimant showed no constructive discharge, adverse action (7th Cir.), 968
Reporting delay unreasonable, auditor's claim doomed, employer was quick to correct (D.C. Cir.), 772 Severe or pervasive, EEOC claim revived for jury decision (4th Cir.), 828 Coerced intercourse, assault, hostile environment, janitors' claims revived, parent company may be sued as integrated enterprise (8th Cir.), 940 Constructive notice, imputed liability rejected where claimant harassed by co-worker, not supervisor (3d Cir.), 913 Emotional distress, fault split evenly between physician and hospital, nurse awarded record $15M (N.Y. Sup. Ct.), 240 Employment-related practices, costs related to Hooters manager's strip-search of female employees excluded from insurance policy coverage (4th Cir.), 721 FAA, arbitration of claims cannot be compelled where employees have not intervened in EEOC suit brought on their behalf (D. Ariz.), 499 Female supervisors more likely targets than rank-and-file, used as equalizer, gender expression predictor, study finds, 974 Fire marshal's actions, remarks to dispatcher not severe, pervasive enough for hostile environment (6th Cir.), 325 Non-consensual touching, single incident not chronic and frequent, not actionable (5th Cir.), 212 Pennsylvania
Human Rights Act 4-employee threshold, at-will employment doctrine, small employer suit barred (Pa.), 828
UI ineligible, benefits reversed for claimant who quit job after disciplinary action imposed (Pa. Commw. Ct.), 1029 Racial harassment, attorneys, officials address perpetrator identity challenges, Conference Report, 387 Reporting failure reasonably based on more than ordinary fear, affirmative defense rejected, $966K award upheld (1st Cir.), 186 Retaliation
Assault and battery, constructive discharge, damages (N.D. Ga.), 1133
Colo., state worker fired for poor performance failed to show pretext, cat's paw bias, affirmative defense upheld (10th Cir.), 464 Jokes and lewd remarks, restaurant managers permitted to harass female employees, EEOC suit settled (E.D. Tenn.), 372 Punitive damages, Cal. reduction (U.S., rev den), 1077 Security employee fired for reports to supervisor rebuts adulterous liaison explanation as pretext (S.D. Miss.), 550 Severe or pervasive bias, quid pro quo conditions, manager failed to show (8th Cir.), 998 Subjective belief, male janitor halted consensual sex with supervisor due to recent marriage, not opposition to Title VII violation, firing verdict properly reversed (U.S., rev den), 205 Teacher reassigned to teach lower grade with no loss of pay, benefits failed to show adverse action (7th Cir.), 605 Third party disclosure during HR probe protected opposition activity under Title VII, firing claim revived (U.S.), 94; practitioners analyze ruling, impact, Conference Report, 248; scope of ruling and impact on HR analyzed, 425 University dean acted on good faith belief program director harassed co-workers, firing lawful (8th Cir.), 379 Sexually suggestive remarks, Wal-Mart, claim that alleged harasser assigned to same store claimant transferred to escape earlier harassment proceeds, but not retaliation (D.N.M.), 884 Technician has no claim where paper firm took prompt and remedial action (3d Cir.), 633 Touching, comments, gestures, pharmacy work environment hostile to pregnant women, EEOC claims settled (S.D.N.Y.), 569
Domestic partner benefits offered by most large firms, job protections surge, report, 183
Employment Non-Discrimination Act (ENDA)
Corporate equality index, HRC Found. awards 305 firms, 1030
Workplace experiences vary despite inclusive policies, Human Rights Campaign report offers fixes, 1060 State laws
See also specific states
Bias bans, GAO report, 1116 Challenges, opportunities for employers, Conference Report, 304
Local 73 pension fund, service credits, contributing employer, trade school instructors (7th Cir.), 1169
Supplemental pay, share of compensation depends on industry, BLS analysis, 376
Kvaerner-Phila. Shipyard, race bias, workers denied advanced training fail to show pretext (3d Cir.), 802
Northrop Grumman Ship Sys., sexual harassment, single incident of non-consensual touching not chronic and frequent, not actionable (5th Cir.), 212
See PLANT CLOSINGS
Bridge programs to close skills gap for high school, college graduates, bills introduced in House, Senate would provide $915M, In Brief, 824
H-1B visa program, high-skilled immigration system broken with no clear fix, speakers debate options for change, 471 Hard-to-fill jobs, Manpower 2009 talent shortage survey, 639 Labor markets commission part of immigration reform, appointment of independent panel urged to help Congress assess labor market needs, 584 Middle-skill jobs report finds demand will stay robust relative to supply, summary, 246 Training, Council of Econ. Advisors project growth in industries, urge fixes to meet future needs, summary, 778
ADEA, foundry worker fired for napping may sue for retaliation, but reduction of hours was lawful (N.D. Ind.), 551
Diacetyl exposure, OSHA withdraws proposed rule, seeks small business advocacy review panel, 298
Employee Stock Ownership Plan Provision and Improvement Act Immigrant-founded firms, advocacy report looks at sales growth, significance, contributions, 808 Save Our Small and Seasonal Businesses Act
Tobacco cessation, health care costs, Analysis & Perspective, 1144; correction, 1160
Data breach, Kaiser Permanente, 29,500 N. Cal. workers notified, 149; NUHW confirm fired SEIU-UHW worker source of personal security breach, 235
Employee Verification Amendment Act No-match regulation, DHS granted time extension to review final rule before court filings due in labor, advocacy groups' challenge (N.D. Cal.), 679; DHS to implement E-Verify mandate for contractors but rescind no-match rule, 736; proposed rule to rescind issued, 904; rescission, DHS final rule, 1074 State labor legislation, 2008, DOL reports, 145
GoDaddy Software, religious, national origin bias, retaliation, sales representative fired after EEOC complaint, jury verdict upheld (9th Cir.), 997
Labor legislation, 2008, DOL reports, 145
Labor legislation, 2008, DOL reports, 145
Foreign workers, government imposes new 2009 hiring quota, 166
Monitoring
Internet, employer sanctions issued, 809
Video surveillance, data protection agency issues guidance restricting employer use, 221
Economic Outlook 2009, BNA survey, 25
Equal protection, reverse bias, promotions, firefighters' test results rejected, too few minorities passed (U.S., rev grant), 36; (oral arg), 446; discarding test results without strong basis in evidence that minority candidates could prevail on disparate impact claim was reverse bias (rvs), 705 Financial crisis, world economy in recession, chart, 80 Hiring outlook, BNA employment survey, 3d quarter, 641; 4th quarter, 1005 HR Outlook 2009, 33 Immigration reform, business groups have deep reservations about labor markets commission to determine future worker flows, 696 Payroll, 2009 basic figures, key data and contact information for practitioners, 110 U.S. Supreme Court docket, 2009-2010 term, overview, 1087
ADA
Essential job duties, pension cuts (U.S., rev den), 709
Rehab. Act, retaliation, 3d party complaint (9th Cir.), 1165
Fiduciary breach, stock drop
Amgen, ex-employee who cashed out of defined contribution plan has statutory, constitutional right to sue (9th Cir.), 772
Medtronic, worker who profited from inflated stock has no claim (D. Minn.), 610 MoneyGram Intl., cashed-out former employees may sue over losses from firm's deep investment in mortgage-backed securities, ruling creates District split (D. Minn.), 317 NovaStar Fin., participant who cashed out of 401(k) plan may sue over investment losses (W.D. Mo.), 189 Spinoff, former AT&T employees transferred post-retirement to benefit plans sponsored by Lucent Techs. may not sue original entity (10th Cir.), 271 Wage violations, garment pieceworkers fired after filing N.Y., FLSA claims are employees with right to sue, but plant closure precludes reinstatement (E.D.N.Y.), 636
See specific states
Police
See also specific states
Child support, withholding requirements, WFS 20 (7/27/09) Gender identity, sexual orientation, report indicates job protections surge, 183 Immigration
See IMMIGRATION
Sexual orientation, gender identity
Conference Report, 304
GAO report, 1116
Ergonomics, violence hazards will be cited using general duty clause, OSHA official tells Nurses Congress, 496; strict evidentiary requirements limit OSHA ability to cite employers for ergonomic hazards, 634
H1N1 flu, aerosol rule, enforcing CDC guidance among OSHA options to address, official tells Nurses Congress, 496
Passport information included in E-Verify program, USCIS summarizes, 234
ADA, continuing violation rejected, but accommodation claim timely, jury award topping $500K upheld (1st Cir.), 129
ERISA, retirement benefits, oil firm workers hired through staffing agencies eligible, claim revived as timely (S.D.N.Y.), 215 Lilly Ledbetter Race bias in testing, continuing violation rejected, firefighter applicants' EEOC charge untimely, judgment vacated (U.S., brief invited), 543; timeliness of test-based hiring claims (rev grant), 1041 Sex bias
Ledbetter Act, professor tenure denial is pay-related decision, claim timely (S. D. Miss.), 467
Registered sex offender not fired because of sex, claim time-barred (S.D. Tex.), 494
Ambiguity, delay in definitive notice of discharge renders engineer's claim timely despite 6-month lag (DOL ARB), 555
Bonus offer linked to confidentiality pledge was adverse action, executive's challenge untimely (10th Cir.), 635 Jurisdiction, failure to appeal preliminary findings, final administrative decision (S.D.N.Y.), 1141 Notice of firing triggers 90-day filing window, HR director's complaint untimely (DOL ARB), 48
AK Steel, ERISA, cash balance plan's failure to use whipsaw calculation was statutory violation, but $46M remedy based on civil enforcement provision upheld (U.S., rev den), 37
Am. Recovery and Reinvestment Act New Process Steel, 2-member NLRB had valid NLRA §3(b) authority to issue rulings (7th Cir.), 488; Court asked to uphold authority of 2-member board (U.S., brief filed), 1045 Nucor Steel-Ark., FMLA notice lacking, worker who repeatedly called in while drunk lawfully suspended, demoted for absenteeism (8th Cir.), 945
Local 7600, Kaiser Permanente to cut jobs in Cal., cites declining enrollment, 908
M&G Polymers USA, ERISA, LMRA, term full company contribution in USW pact suggests vesting, retirees claim over benefits changes revived (6th Cir.), 384
AT&T, economic position ambiguous, admission that options may include future value properly considered by court, award upheld (Del.), 300
Capital accumulation plan, Citigroup forfeiture of partially vested shares purchased with voluntary deductions lawful under state law (Conn.), 49 Contractual rights, forfeiture, revenue goals (7th Cir.), 1167 ERISA, change-in-control, loss of long-term incentive award does not entitle constructive discharge claimant to enhanced benefits under plan (5th Cir.), 609 Executive compensation, incentive grant practices, 2009 Top 250 Report, 1106 Google, one-for-one exchange offered on underwater options, conditions summarized, 69 Nonresidents, state taxation of income
Burdens and inequities faced by employers and workers spur need for federal legislation, WFS 13 (5/25/09)
Guidelines, WFS 8 (5/25/09)
Arch Wireless Operating, service provider violated by giving city transcripts of police sergeant's text messages, rehearing denied (9th Cir.), 132
Intentional unauthorized access of personal e-mail account barred, but proof of actual damages required to claim statutory damages (4th Cir.), 289 Privacy, MySpace postings (D.N.J.), 1085 Social media policies, employers monitoring Facebook, MySpace sites offered tips on avoiding SCA, Title VII, NLRA liability, 761
Federal contractors, workers' rights, Obama issues 3 labor-friendly executive orders, summary, 117
Sexual harassment study, female supervisors more likely targets than rank-and-file, used as equalizer, gender expression predictor, 974
ADA
Disabled GM retirees not qualified to perform essential job duties may not sue over pension cuts under Title I, ERISA proper vehicle (rev den), 709
Driving not major life activity even in rural area, improper jury instruction triggers reversal, remand (rev den), 369 FMLA, airlines flight instructor with sleep apnea not qualified, failed to show pretext, retaliation (rev den), 429
Evidence, mixed-motive jury instruction requires direct proof, executive's award reversed, new trial ordered (oral arg), 341; disparate treatment requires but-for causation, burden-shifting to employer rejected (rev, rem), 651; attorneys discuss impact of Gross on summary judgment analysis, other federal laws, Conference Report, 835
Mandatory arbitration, SEIU pact clause enforceable under NLRA, and ADEA allows (rvs, rem), 343; AFL-CIO att'y discusses adversarial impact, Conference Report, 416 Discovery, witness intimidation, whistleblower fired for refusing to recant illegal hiring allegations, motion to compel upheld (rev grant), 96 Docket review
2008-2009 term, 8 employment cases under consideration, 89
2009-2010 term, Special Report, 1087 ERISA
Beneficiary disputes, barring waiver under valid QDRO, plan documents rule governs outcome, benefits properly paid to ex-wife (dec), 95
Phantom account offset, refusal to allow repayment of prior distributions, remedy to pay more benefits to rehired Xerox workers upheld (brief filed), 233; deference to plan administrator, judicial discretion issues set for Oct. review (rev grant), 710 Pre-emption, San Francisco fair share health care ordinance upheld by 9th Cir., application filed for emergency stay, Court urged to block pay-or-play law, 315; stay application denied, 345; brief filed, 933; (brief invited), 1075 Remedies, cash balance plan's failure to use whipsaw calculation was statutory violation, but $46M remedy based on civil enforcement provision upheld (rev den), 37 FELA, fear of cancer valid basis for damages where shown to be genuine and serious, $5M award overturned due to improper jury instruction (rvs), 598 FMLA
Interference, retaliation, adoption-related leave (rev den), 1075
Service time shortfall (rev den), 1076 Verdict favoring employee consistent, upheld (rev den), 64 Mixed motive, summary judgment analysis, Title VII claimant need evidence of race, color, sex, religion, or national origin was motivating factor for promotion denial (rev den), 542 National origin, pay bias, Hispanic grocery workers' bid for class certification revived (rev den), 96 NLRB quorum
Laurel Baye Healthcare of Lake Lanier, NLRB appeal for reversal of §3(b) authority decision (rev sought), 1045
New Process Steel, Court asked to uphold authority of 2-member board (brief filed), 1045 Snell Island SNF, nursing home seeks resolution of circuit split on 2-member authority (rev sought), 1017 PDA, workers denied service credits based on pension calculations using pre-PDA system, justices urged to weigh newly enacted Ledbetter law (supp. brief filed), 176; (interim order), 233; (dec), 541 Privacy, DPPA, UNITE HERE unlawfully accessed motor vehicle records to obtain Cintas workers' home addresses for organizing drive (rev den), 316 Race bias
Neb., arbitrator's reinstatement of state trooper fired for joining Ku Klux Klan offends public policy against race bias, vacated (rev den), 682
Nurse's aide lawfully fired for providing unredacted patient records to EEOC as proof of bias (rev den), 234 Testing, continuing violation rejected, firefighter applicants' EEOC charge untimely, judgment vacated (brief invited), 543; timeliness of test-based hiring claims (rev grant), 1041 Sexual harassment
Promotions bias, constructive discharge, female deputy sheriff who declined post has no claim (rev den), 38
Retaliation, Cal. reduction of punitive damages (rev den), 1077 Subjective belief, consensual sex with supervisor discontinued due to fired claimant's recent marriage, not opposition to Title VII violation, verdict properly reversed (rev den), 205 Third party disclosure during HR probe protected opposition activity under Title VII, firing claim revived (dec), 94; practitioners analyze ruling, impact, Conference Report, 248; scope of ruling and impact on HR analyzed, 425 Title VII retaliation, evidence, award overturned, pretext claim unsupported (rev den), 682 USERRA
Jurisdiction, statutory scope (rev den), 369
Suspicion of wrongdoing, reinstatement of police officer delayed (rev den), 369
Electronic
See H1N1 VIRUS
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