Human Resources Report Index-Summary

WAGE AND HOUR DIVISION

– Appointments and personnel changes, Boylan nomination, In Brief, 403; sent to Senate, 517
– DOL budget request, FY2010, overview, 488
– FLSA, stronger enforcement meant to send message to noncompliant employers, Solis says, 833
– Performance, FY2008 back pay recoveries down from FY2007 record high, 52
– Wage theft, child labor complaints botched during GAO secret audit, report, 317

WAGE TREND INDICATOR (WTI)

See WAGES AND SALARIES

WAGES AND SALARIES

– Attorneys, job growth in legal services outpaced law offices during 2002-2007, legal aid offices decline, census data, 612
– BLS reports

– – Average annual pay, private sector, 2007, 14
– – Employment Cost Index

See EMPLOYMENT COST INDEX (ECI)

– – Hourly wage rates, full-time, by occupation, 2008, 937
– – Occupational Employment and Wages, 2008 annual report, 491
– – Occupational pay comparisons, metropolitan areas, 2008, 826
– – Real weekly earnings, Jan. 2009, 211; Feb., 323; March, 435; Aug., 996
– – Total compensation costs

– – – Metropolitan areas, annual data, 1081
– – – Private sector, 2009 2d quarter, 995

– – Women's earnings report, 2008, 826

– Bonuses

See BONUSES

– Budgeted pay raises cut to 3.1 percent, 2009, survey, 126
– College graduates

– – Pay offers

– – – Decline, NACE reports, 406
– – – Stagnate in cooling job market, NACE survey, 154

– – Pay premium for college degree held steady in 2007 while earnings fell for most, Census figures show, 462

– Compensation allowances, cost of living in U.S. cities rose in 2009 relative to others worldwide, survey, 752
– Executives

See EXECUTIVE COMPENSATION

– Foreign-born workers, nearly one-fourth earn less than $20K annually, study, 266
– Income distribution

See INCOME DISTRIBUTION

– Increases, survey predicts small rise in pay gains for 2010, 798
– Lifetime earnings gain for U.S. college graduates twice as high as OECD average, report, 966
– Meaningful work valued by most employees worldwide over pay and recognition, international workplace survey, 233
– Minimum wage

See MINIMUM WAGE

– Nonunion workers, 2010 pay hikes at record low of 3 percent, Conf. Bd. report, 966
– Overtime

See OVERTIME

– Pay gap

See PAY EQUITY

– Personal income, BEA monthly data, 2009 May, 717; Aug., 1082
– Raises, 2009 Hewitt survey, 909
– Recession, growth rate declines, women hit hardest, EPI reports, 965
– Sales commissions

See COMMISSIONS

– State and local laws

See specific states

– Taxation

See TAXATION

– Tips

See TIPS

– Top performers, focus on rewards urged as economy recovers, Conference Report, 1033
– Total rewards programs, global firms face challenges during implementation, Conference Report, 640
– Unionized workers' higher wages show need for EFCA, teleconference, 219
– Wage trend indicator (WTI), BNA data, 2008 final 4th quarter, 71; 2009 1st quarter, preliminary, 184; revised, 295; final, 407; 2d quarter, 549; revised, 659; final, 771; 3d quarter preliminary, 911; final, 1108

WAIVERS

– ADEA

– – Early retirement, no Ledbetter Act invalidation (11th Cir.), 1084
– – OWBPA, EEOC issues guidance, burgeoning bias, benefits cases analyzed, 780

– Age bias

– – Ky., last chance pact's prospective waiver of right to sue under state law invalid without arbitration option, retaliation claim revived (6th Cir.), 185
– – N.Y., RFOA affirmative defense waiver not excused, RIFd employees' $4M class award reinstated (N.D.N.Y.), 543

– Class arbitration waiver, bar on seeking civil penalties on behalf of other employees unconscionable, unenforceable (Cal. Ct. App.), 260
– ERISA, beneficiary disputes, barring waiver under valid QDRO, “plan documents” rule governs outcome, benefits properly paid to ex-wife (U.S.), 95
– Financial/actuarial reporting requirements amended, PBGC final rule released, summary, 289
– Independent contractor status imposed to avoid paying benefits, claim challenging knowing and voluntary consent to release revived (3d Cir.), 858
– Mandatory arbitration

– – EPPA allows no waiver of right to sue, arbitration pact no bar to statutory discharge claim (E.D. Va.), 161
– – SEIU pact clause enforceable under NLRA, and ADEA allows (U.S., rvs, rem), 343; AFL-CIO att'y discusses adversarial impact, Conference Report, 416

– Sex bias

– – Arbitration, employer's failure to seek arbitration during EEOC proceedings no waiver (8th Cir.), 749
– – Ford, waiver of claims in buyout was knowing, voluntary release encompassing existing bias claims (7th Cir.), 411

WANT ADS

See HELP-WANTED ADVERTISEMENTS

WAREHOUSES AND DISTRIBUTION CENTERS

– Hale-Halsell, WARN Act, unforeseeable business circumstances exception validates layoffs 3 working days after loss of biggest customer (10th Cir.), 106
– Philips Lighting, sex bias, failure to hire properly ruled Title VII violation but testimony beyond plaintiff's expertise triggers new trial on damages (3d Cir.), 464

WARN ACT

See WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

WASHINGTON

– Labor legislation, 2008, DOL reports, 145
– Off-the-clock work, Wal-Mart, $35M class settlement gets final approval (Wash. Super. Ct.), 793
– Same-sex marriage, state law developments may affect employer policies, attorneys discuss impact on benefits, taxes, Analysis & Perspective, 472

WASTE MANAGEMENT

– Athens Disposal, overtime, breaks, class arbitration waiver, bar on seeking civil penalties on behalf of other employees unconscionable, unenforceable (Cal. Ct. App.), 260

WEIGHT LOSS INDUSTRY

– Jenny Craig, race bias, retaliation, parent firm and franchisee not “single employer” for purposes of Title VII liability, former counselor may sue franchisee only (S.D. Miss.), 661

WEIGHT OF EMPLOYEES

– Snacking and economic stress cited as problematic, survey, 456

WELLNESS PROGRAMS

– Carolinas HealthCare Sys., financial incentives offered to workers for meeting criteria, 574
– Diabetes Ten City Challenge, project improved patient health outcomes and reduced employer costs, 529
– GINA rules effects, 1107
– Healthy Workforce Act

See LEGISLATION, FEDERAL, HR 1897, S 803

– Implementation, legal issues examined, CRS report, 742
– National Walk@Lunch Day, employer initiatives examined, 390
– Private sector, Obama meets with employer, union reps to discuss innovative workplace initiatives, 519
– Tax credit, Healthy Workforce Act

See LEGISLATION, FEDERAL, HR 1897, S 803

– Tobacco cessation, health care costs, Analysis & Perspective, 1144; correction, 1160
– Yoga, daily office sessions can lower stress, boost mindfulness, study, 905

WEST VIRGINIA

– Labor legislation, 2008, DOL reports, 145
– Overtime, race track jobs not FLSA-exempt despite state law duties, racing officials' claims revived (4th Cir.), 497
– Regarded as disabled, trial error claims rejected, former FedEx service manager's $1.2M award upheld under state law (4th Cir.), 962

WHISTLEBLOWERS

– Discovery, witness intimidation, supervisor fired for refusing to recant illegal hiring allegations, motion to compel upheld (U.S., rev grant), 96
– FCA

See FALSE CLAIMS ACT (FCA)

– Ill., sick building syndrome claims advance, state workers' comp law, IHRA no bar (N.D. Ill.), 20
– Mich., questioning insurance agency's compliance with state overtime law was protected activity, fired accountant may sue (Mich. Ct. App.), 806
– Minn., good faith belief lacking, failure to claim illegality in initial fraud report dooms fired sales manager's claim (8th Cir.), 691
– New Jersey

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

– N.Y., governor vetoes expanded bill, In Brief, 1020
– Oregon

– – 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

– OSHA

– – Enforcement inadequate, more resources, tracking needed, GAO reports to lawmakers, DOL agrees, 275
– – 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

– Retaliation, policies to reduce exposure to claims, minimize impact, attorneys advise on legal, practical concerns, preventive measures, Conference Report, 360
– SOX

See SARBANES-OXLEY ACT (SOX)

– Supreme Court docket overview, 2008-2009, 89
– Tennessee

– – 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

WHOLESALERS

– Central Wholesalers, sexual and racial harassment, EEOC claim revived (4th Cir.), 828

WIA

See WORKFORCE INVESTMENT ACT (WIA)

WISCONSIN

– Fair Employment Law, job bias bill sent to gov., In Brief, 518
– Labor legislation, 2008, DOL reports, 145
– Sick leave, WFMLA, no statutory or constitutional right to jury trial for damage suits under state law (Wis.), 804

WITNESSES AND TESTIMONY

– Intimidation, whistleblower fired for refusing to recant illegal hiring allegations, motion to compel discovery upheld (U.S., rev grant), 96
– Sex bias, failure to hire properly ruled Title VII violation but testimony beyond plaintiff's expertise trigger new trial on damages (3d Cir.), 464

WOMEN

– Council on Women and Girls, Obama signs executive order establishing, 264
– Earnings

– – Gap by education level ranges 25 to 31 percent, Census Bureau reports, 124
– – Income distribution, annual real median pay, 1979-2007, 1107
– – 2008, BLS reports, 826

– EEO, women and minorities remain underrepresented, legal issues from job segregation discussed, Conference Report, 388
– Fair Pay Act

See LEGISLATION, FEDERAL, HR 2151, S 904

– Flexible work arrangements, briefing, 1170
– Pensions, policymakers urged to consider needs of female workers, spouses, brief, 520
– Recession

– – Impact of economic downturn noted in Congressional forum, more attention needed, 556
– – Inequities heightened, speakers urge changes to UI system, stimulus-funded training to help, 275
– – Wage growth declines, women hit hardest, EPI reports, 965

– Sexual harassment study, female supervisors more likely targets than rank-and-file, used as “equalizer,” gender expression predictor, 974
– Unemployment

See UNEMPLOYMENT RATES

– Valuing Families Agenda, policies, legislation to rebuild economic security, 1173

WORK/LIFE ISSUES

– Balancing Act

See LEGISLATION, FEDERAL, HR 3047

– Caregiver employees, EEOC guidance offers best practices to avoid violations, lawsuits, 427
– Family and Medical Leave Enhancement Act

See LEGISLATION, FEDERAL, HR 824

– Family and Medical Leave Inclusion Act

See LEGISLATION, FEDERAL, HR 2132

– Family Leave Insurance Act

See LEGISLATION, FEDERAL, HR 1723

– Flexible work arrangements, briefing, 1170
– Flexible work schedules

See FLEXIBLE WORK SCHEDULES

– Leisure inequality increased 1965-2005, less educated workers spend more time at leisure activities, authors report on time-use survey data, 724
– Middle class, working families, priority for Obama, executive task force created to address concerns, 117; advocates applaud focus on safety, health of middle-class workers in task force, 131
– Parent-teacher conferences, academic activities, Colo. requires unpaid leave, bill signed, In Brief, 601
– Shriver Report, changing demographics, women in workplace, 1142
– Single workers believe married colleagues favored by firms, survey, 204
– Unionization has positive impact on family-friendly policies, report, 807
– United Kingdom

– – Flexible work law expanded to 4.5 million parents, 371
– – Survey finds employees working in bed, 542

– Valuing Families Agenda, policies, legislation to rebuild economic security, 1173
– Women and girls, Obama signs executive order establishing council, 264
– Workplace Watch, 2009 1st quarter, survey, 611

WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

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

See LEGISLATION, FEDERAL, HR 2077

– “Faltering business” defense rejected, trucking firm actively seeking capital during relevant period (U.S., rev den), 345
– Federal Oversight, Reform, and Enforcement of the WARN (FOREWARN) Act

See LEGISLATION, FEDERAL, HR 3042, S 1374

– Independent contractor misclassification, consequences of reclassifying contractors as employees, Viewpoint, 865
– State laws

See specific states

– Unforeseeable business circumstances exception validates layoffs 3 working days after loss of biggest customer (10th Cir.), 106

WORKERS' COMPENSATION

– Cal., nonresidents, labor code ruling withdrawn (9th Cir.), 178
– Independent contractor misclassification

– – Consequences, Viewpoint, 837
– – FICA withholding, Viewpoint, 837

– N.J., willful coverage violations, stop-work penalty bill signed, In Brief, 767
– Or., retaliation claims proceed for satellite installer, appealed closure, re-employment claim dismissed (D. Or.), 555

WORKFORCE INVESTMENT ACT (WIA)

– Green jobs skills, career-path employment key part of economic revival, energy self-sufficiency, Senate panel told, 442
– One-stop career centers need accountability measures, more funding, recommendations offered in policy paper, 528