Human Resources Report Index-Summary

TAA

TAX CREDITS

– COBRA, Form 941, DOL Web page explains ARRA stimulus provisions, 206
– Healthy Workforce Act

See LEGISLATION, FEDERAL, HR 1897, S 803

– Wellness program tax credit, Healthy Workforce Act

See LEGISLATION, FEDERAL, HR 1897, S 803

TAXATION

– Corporate tax hike, impact on U.S. jobs, GDP, global competitiveness addressed by panelists, 695
– Employee Stock Ownership Plan Provision and Improvement Act

See LEGISLATION, FEDERAL, S 1612

– Executive compensation, performance-based pay, compliance with tax code §162(m) and §409A, 1133
– Health care, employer-based plans

– – Domestic partners

See LEGISLATION, FEDERAL, HR 2625

– – Reform

See HEALTH INSURANCE

– HSAs, employer contributions, IRS releases final rules, In Brief, 964
– Income tax consequences, nonresidents

– – Pension payments, banned by federal blocker, WFS 6 (5/25/09)
– – Stock options

– – – Burdens and inequities faced by employers and workers spur need for federal legislation, WFS 13 (5/25/09)
– – – State regulations, guidelines, WFS 8 (5/25/09)

– – Temporary stay

See LEGISLATION, FEDERAL, HR 2110

– Independent contractor misclassification

– – Consequences, Viewpoint, 837
– – IRC amendment

See LEGISLATION, FEDERAL, HR 3408

– Mich., training, new law allows workers to pay for programs at community colleges via tax withholding, In Brief, 12
– OECD report advises member countries to cut income tax, other taxes to boost growth, summary, 277
– Pensions, §415, COLAs, 2010 plan benefit limits at 2009 levels, 1103
– Same-sex marriage, state law developments may affect employer policies, attorneys discuss impact on benefits, taxes, Analysis & Perspective, 472
– Savings Recovery Act

See LEGISLATION, FEDERAL, HR 2021

– Strengthen and Unite Communities with Civics Education and English Skills Act

See LEGISLATION, FEDERAL, HR 3249, S 1478

– Tax rates and fringe benefits, inflation, impact, 1133
– Tuition reimbursement plans, tax consequences discussed, WFS 17 (4/27/09)
– Wellness program tax credit, Healthy Workforce Act

See LEGISLATION, FEDERAL, HR 1897, S 803

TEACHERS

– Overtime

– – Athletic instructor's FLSA-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

TEAMSTERS (IBT)

– Airline Flight Crew Tech. Corrections Act

See LEGISLATION, FEDERAL, S 1422

– FAA reauthorization

See LEGISLATION, FEDERAL, S 1451

– Local 25, FedEx Home drivers independent contractors not covered by NLRA, refusal to bargain with IBT lawful, NLRB reversed (D.C. Cir.), 441
– Local 560, WARN Act, “faltering business” defense rejected, trucking firm actively seeking capital during relevant period (U.S., rev den), 345

TECHNOLOGY

– Computers

See COMPUTERS

– IT

See INFORMATION NETWORKS AND TECHNOLOGY

– Nanotechnology

See NANOTECHNOLOGY

– Networks

See INFORMATION NETWORKS AND TECHNOLOGY

TELECOMMUNICATIONS

– Arch Wireless Operating, SCA, city's search of police sergeant's text messages violates federal law, rehearing denied (9th Cir.), 132
– AT&T

– – ADEA, EEOC, no-rehire policies (S.D.N.Y.), 906
– – ERISA, former employees transferred post-retirement to benefit plans sponsored by spinoff Lucent Techs. lack standing to sue original entity (10th Cir.), 271
– – Pregnancy bias, workers denied service credits based on pension calculations using pre-PDA system, justices urged to weigh newly enacted Ledbetter law (U.S., supp. brief filed), 176; (interim order), 233; (dec), 541
– – Religious bias, firm pays $1.3M to satisfy judgment favoring fired Jehovah's Witnesses (E.D. Ark.), 851
– – Stock options, “economic position” ambiguous, admissions that options may include future value properly considered by court, award upheld (Del.), 300
– – Wireline, 2,500 union-represented jobs cut, In Brief, 1020

– BellSouth Telecomm'ns, overtime, telephone repairman in New Orleans deemed contractor not employee under five-factor test, ineligible for pay (E.D. La.), 273
– CallTech Communications, FMLA, 3-day leave verification policy unlawful interference, 15-day minimum required (S.D. Ohio), 663
– Cellular Advantage, race bias, salesman fired for misusing shipping account alleges comparator evidence suggesting pretext, claim advances (N.D. Ill.), 688
– Cellular phones, employer-provided, IRS seeks comments on substantiation procedures, 630; lawmakers, business leaders laud IRS statement on tax update, 686
– High-tech industry now shedding jobs but fewer than in 2001 slump, trade group reports, 358
– Lucent Techs., post-merger decision to move IBEW bargaining unit into larger CWA unit was “core business decision” exempt from NLRA bargaining duty (9th Cir.), 469
– Motorola, ERISA, stock drop, inclusion of company stock in 401(k) plan no fiduciary breach, §404(c) protects (N.D. Ill.), 693
– Qwest, ERISA

– – Death benefits are welfare benefits, not subject to anti-cutback rule, lawfully terminated (10th Cir.), 805
– – Reservation of rights clause allowed plan sponsor to amend benefits, misrepresentation, breach claim advances (D. Colo.), 356

– Sprint Nextel, 2009 1st quarter job cuts, In Brief, 98
– Sprint/United Mgmt.

– – FLSA, $8.77M settles class suits (D. Kan.), In Brief, 68
– – Minn., failure to claim illegality in initial fraud report dooms would-be whistleblower's claim (8th Cir.), 691

– T-Mobile, class certification in sales rep's commissions charge-back claim was abuse of discretion, overturned (11th Cir.), 401
– Tellabs, overtime, forced holidays did not forfeit exempt status of professional employees under state law (Ill. App. Ct.), 526
– Twitter

– – Impact on workplace, benefits and pitfalls examined, 621
– – Privacy, personal employee data accidentally posted, IABC president offers policy tips, cautions against viral power, 723

– Verizon

– – Landline/wireline job cuts, In Brief, 824
– – MCI Commc'ns Servs. d/b/a Verizon Bus. Servs., ADEA, sales consultant with “obsolete” skill set fired due to poor performance, not age, cat's paw evidence rejected (7th Cir.), 855
– – Verizon Servs. Group, sex bias, retaliation, comparator and other evidence fails, dismissal upheld (2d Cir.), 829

TELECOMMUTING

– Balancing Act

See LEGISLATION, FEDERAL, HR 3047

– BLS survey data find that 10 percent of employees do some work at home, 385
– Enhancement Act

See LEGISLATION, FEDERAL, S 707

– Flexible work arrangements

– – Benefit to employers, aid low-wage and middle-income workers, speakers explain, 751
– – Practices help employers weather recession, witnesses tell Joint Econ. Comm., 833

– Improvements Act

See LEGISLATION, FEDERAL, S 1722

TELEVISION

– Broadcast

See BROADCASTING INDUSTRY

– Cable and satellite

See CABLE AND SATELLITE SERVICES

TELEWORK

See TELECOMMUTING

TEMPORARY AGENCIES

– Ill., bill allows firms to seek ALL KIDS state-subsidized health insurance for employees' children, bill signed, In Brief, 880
– Kelly Servs., Ill. wage and hour violations, class settlement (N.D. Ill.), 1103
– NLS Group, worker unlawfully fired for violating overly broad confidentiality provision, NLRB 2-member ruling upheld (1st Cir.), 299
– The Work Connection, religious bias, settlement approved in EEOC lawsuit over Muslim prayer breaks, use of “pork form” (D. Minn.), 347
– Tri-Star Search, ERISA, claimant fired for alleged disloyalty, not IRA contributions complaint, no pretext shown (D. Or.), 525

TEMPORARY EMPLOYEES

– Staffing, 2008 3d quarter, ASA report, 218; 2009 1st quarter, 611; 2d quarter, 947

TENNESSEE

– At-will firing

– – Refusal to sign new pay pact, “duress” finding reversed (Tenn. Ct. App.), 1058
– – Retaliation, advice to facilitate adoption violated hospital policy, HIPAA (Tenn. Ct. App.), 1114

– Labor legislation, 2008, DOL reports, 145
– Sexual harassment, retaliation, 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
– Undocumented workers, false identity penalty law enacted, In Brief, 518
– Whistleblowing

– – Accounting irregularities, failure to report illegality to anyone other than supervisor involved no bar to common-law retaliatory discharge claim (Tenn. Ct. App.), 245
– – Bill signed, retaliatory discharge ban clarified, In Brief, 518
– – Unlicensed sales, optician has retaliation claim (M.D. Tenn.), 216

TESTIMONY

See WITNESSES AND TESTIMONY

TESTING

– Laboratory Corp. of Am., RIF, ADEA pretext, FMLA interference (M.D. Fla.), 1137
– Polygraphs

See EMPLOYEE POLYGRAPH PROTECTION ACT (EPPA)

– Pre-hire

See PRE-EMPLOYMENT TESTING

– Race bias, EEOC right to investigate reserved to itself, subpoena enforceable despite issuance of right-to-sue letter (E.D. Pa.), 157
– U.S. Supreme Court docket, 2009-2010 term, Special Report, 1087

TEXAS

– Labor legislation, 2008, DOL reports, 145
– Unemployment insurance, DOL extends benefit period, 879

TEXTILE INDUSTRY

– Am. Recovery and Reinvestment Act

See LEGISLATION, FEDERAL, HR 1

TGAAA

See TRADE AND GLOBALIZATION ADJUSTMENT ASSISTANCE ACT (TGAAA)

TIPS

– Barback is tipped employee similar to busboy, FLSA minimum wage tip credit applies, Wage and Hour Op. Letter, 291
– Pooling

– – Baristas, shift supervisors, and “shift leads” lawful, $105M restitution order against Starbucks reversed, appeal planned (Cal. Ct. App.), 597; award overturned on appeal, upheld (Cal.), 991
– – Food expediters, inclusion in tip pool with servers FLSA violation (S.D. Tex), 357
– – Waiters, bus staff, bartenders forced to share tips with managers, sushi chefs seek final approval of $2.5M FLSA class settlement (S.D.N.Y.), 149

TIRE INDUSTRY

– Goodyear Tire & Rubber, layoffs planned worldwide, In Brief, 181

TITLE VII DISCRIMINATION

– GINA, EEOC seeks comments on proposal to add references to existing ADA rules, 545
– Lilly Ledbetter Fair Pay Act

See LEGISLATION, FEDERAL, HR 11, S 181

– Mixed motive, summary judgment analysis, claimant needs evidence of race, color, sex, religion, or national origin to prove motivating factor for promotion denial (U.S., rev den), 542
– Preclusion, §1981, same facts, Title VII dismissal bars (3d Cir.), 1110
– Sexual harassment

See generally SEXUAL HARASSMENT

– Social media policies, employers monitoring Facebook, MySpace sites offered tips on avoiding SCA, Title VII, NLRA liability, 761

TORTS

– Assault, battery, false imprisonment, rape, claims not arbitrable (5th Cir.), 1000
– Emotional distress, sick building syndrome, Ill. claims advance, state workers' comp law, IHRA no bar (N.D. Ill.), 20

TOXIC SUBSTANCES

See HAZARDOUS SUBSTANCES

TRADE ADJUSTMENT ASSISTANCE (TAA)

– Certifications, 20 petitions approved under new law, DOL announces, In Brief, 684
– DOL distributes $101M to 43 states, In Brief, 518
– ETA withdraws 2 proposed rules, In Brief, 628
– TGAAA

See TRADE AND GLOBALIZATION ADJUSTMENT ASSISTANCE ACT (TGAAA)

TRADE AND GLOBALIZATION ADJUSTMENT ASSISTANCE ACT (TGAAA)

– Effects on TAA, ETA explains, 1048

TRAINING

– AARP reports older Hispanics could help fill jobs as workforce ages, recruitment and retention tips, challenges reviewed, 666
– Am. Graduation Initiative, Obama proposes $12B direct loan program with community colleges training for new degree-based jobs, 767
– Am. Recovery and Reinvestment Act

See LEGISLATION, FEDERAL, HR 1

– Apprentices

See APPRENTICES

– Bridge programs to close skills gap for high school, college graduates, bills introduced in House, Senate would provide $915M, In Brief, 824
– Community-Based Health Care Retraining Act

See LEGISLATION, FEDERAL, HR 3234

– DOL budget request, FY2010, overview, 488; for further action, see LEGISLATION, FEDERAL, HR 3293
– FLSA, flight attendant trainees not employees, airline has no duty to pay wages during in-flight program (W.D. Wash.), 244
– Grants

See GRANTS

– Green jobs

See GREEN JOBS

– Mich., new law allows workers to pay for programs at community colleges via tax withholding, In Brief, 12
– Middle-skill jobs report finds demand will stay robust relative to supply, summary, 246
– Off-the-clock work, Wal-Mart, class settlement of $54.25M, civil penalty approved (Minn. Dist. Ct.), 626
– One-stop career centers need accountability measures, more funding, recommendations offered in policy paper, 528
– Opportunity.gov Web site offers help to displaced workers seeking federal and state programs, 517
– Race bias, shipyard workers denied advanced training fail to show pretext (3d Cir.), 802
– Skilled jobs, Council of Econ. Advisors project growth in industries, urge fixes to meet future needs, summary, 778
– TAA, ETA explains TGAAA effects, 1048
– Women, recession

– – Effects, speakers urge changes to UI system, stimulus-funded training to help, 275
– – Impact of economic downturn noted in Congressional forum, more attention needed, 556

TRANSPORTATION DEPARTMENT (DOT)

– 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
– Text messaging ban, executive order signed, 1044

TRAVEL AND TRANSPORTATION EXPENSES

– Biking reimbursement approved as qualified transportation fringe benefit under HR 1424, 14
– Independent contractor misclassification, consequences, Viewpoint, 837

TREASURY DEPARTMENT

– Pensions, direct-deposit automatic payroll IRAs proposed, employer serves as pass-through, possible features outlined, 715

TRUCKING INDUSTRY

– All Pro Logistics, FLSA, trucker with intrastate delivery route not subject to Motor Carrier Act overtime exemption, employer must pay (N.D. Ill.), 691
– APA Transp., WARN Act, “faltering business” defense rejected, firm actively seeking capital during relevant period (U.S., rev den), 345
– C.H. Robinson Worldwide, sexual harassment, “sex-specific” language satisfies “based on sex” element if plaintiff not personally targeted, claim revived (6th Cir.), 576
– Consol. Freightways, unpaid retiree health benefits, priority claim status requires service to employer within 180 days prior to filing bankruptcy (9th Cir.), 527
– DHL Express, WARN Act, offering incentives to quit not improper, layoff notice rules not triggered (N.D. Ill.), 1056
– 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
– HIX Wrecker Svc., FLSA, Motor Carrier Act exempts intrastate tow truck driver from overtime (S.D. Ind.), 722
– Swifty Transp., ADA, promotions, trucker with prosthetic leg failed to show prima facie case (7th Cir.), 72
– Watkins Motor Lines, race bias, pattern or practice, EEOC authorized to investigate independent of resolution by parties, subpoena enforceable (7th Cir.), 102
– Yellow Transp., sex bias, FMLA, customer service rep not FAA-exempt, subject to valid arbitration accord, employer's participation in EEOC proceedings no waiver (8th Cir.), 749

TUITION ASSISTANCE

See EDUCATION ASSISTANCE

TURNOVER, EMPLOYEE

– Job openings and labor turnover survey (JOLTS), BLS data, Nov., 2008, 44; Dec., 155; Jan. 2009, 267; Feb., 377; March, 521; April, 631; May, 744; June, 883; Aug., 1135