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DAMAGES

– ADA

– – Retaliation, compensatory damages available despite no specific mention in 1991 Act (W.D. Tenn.), 993
– – RIFd supervisor lawfully awarded additional amount for taxes on lump-sum back pay, “make-whole” remedy upheld (3d Cir.), 222

– Back pay

See BACK PAY

– EPPA, bank violated bar on use of, reference to test results, but fired manager failed to link to anxiety problems, show damages (D.S.C.), 579
– Liquidated

See LIQUIDATED DAMAGES

– SCA, intentional unauthorized access of personal e-mail account barred, but proof of actual damages required to claim statutory damages (4th Cir.), 434
– Wis. lawmakers approve stiffer bias penalties for private, public employers, 686; enacted, expands jurisdiction to state circuit court, 821

DATA SECURITY

– BB&T Ins. Servs., unintentional loss of laptop containing sensitive customer information just cause for firing (W.D. Va.), 909
– Communication technology speeds ahead, attorneys cautioned to stay informed, 484
– Starbucks, negligence, breach of contract, stolen laptop contained personal data on 97,000, class action filed (W.D. Wash.), 284

DAVIS-BACON ACT

– Construction project payroll reports, privacy, DOL final rule reduces personal data, requires partial identifier, 22
– DOL ARB decisions, briefly, 1119
– Prevailing wage conferences for government contractors, DOL to explain laws applicable to ARRA, In Brief, 977

DEBARMENT

– SCA, 3-year exclusion from federal contracting proper for security services firm with pattern of payroll-related violations (S.D.N.Y.), 664

DECERTIFICATION

– ULP, petition tainted by unlawful employer assistance, order to recognize, bargain justified (NLRB), 197

DEFENSE CONTRACTORS

– Caltech Jet Propulsion Lab. (JPL), background checks enjoined for low-level NASA contractors, rehearing en banc denied (9th Cir.), 805
– Halliburton d/b/a/ Kellogg Brown & Root, rape by co-workers, tort claims not arbitrable (5th Cir.), 1261
– Knolls Atomic Power Labs. a/k/a KAPL, ADEA, waiver of RFOA affirmative defense not excused, RIFd employees' $4M class award reinstated (N.D.N.Y.), 700
– Mandatory arbitration

See LEGISLATION, FEDERAL, HR 3326

DEFENSE DEPARTMENT (DOD)

– FY2010 authorization, military activities

See LEGISLATION, FEDERAL, HR 3326

– FY2010 DOD authorization

See LEGISLATION, FEDERAL, HR 2647, S 1390

DEFINED CONTRIBUTION PLANS

– Automatic enrollment, IRS issues final regulation implementing PPA, summary, 288
– ERISA, stock drop fiduciary breach, ex-employee who cashed out has statutory, constitutional standing to sue (9th Cir.), 997

DELAWARE

– Labor legislation, 2008, DOL reports, 236
– State actions summary, 163; 1071
– Unemployment insurance

– – DOL extends UI benefit period, 1141
– – Threatening, screaming at boss merited firing without warning, just cause firing precludes benefits (Del. Super. Ct.), 1223

DELIVERY SERVICES

– Federal Express (FedEx)

– – ADEA, application of “but-for” evidentiary standard dooms couriers' case on remand from Supreme Court (S.D.N.Y.), 1131
– – Federal Aviation Act reauthorization

See LEGISLATION, FEDERAL, HR 915, S 1451

– – FedEx Home, drivers independent contractors not covered by NLRA, refusal to bargain with IBT lawful (D.C. Cir.), 576
– – Independent contractor misclassifications, N.Y., N.J., Mont. lawsuits, 1431
– – Missed meals and breaks, off-the-clock work, split shifts, five subclasses of drivers certified for class actions but three stayed (N.D. Cal.), 597
– – Overtime, ground delivery drivers exempt independent contractors, not employees, jury finds (Wash. Super. Ct.), 507
– – Pre- and post- shift work, Pa. minimum wage violations governed by workweek standard, not per-hour rule, couriers' claims rejected (M.D. Pa.), 10

– United Parcel Service (UPS)

– – ADA

– – – Cal., hearing-impaired driver applicants' class claims settled with new standard below DOT threshold (N.D. Cal.), 835
– – – Pattern or practice, class certification overturned, individual members not determined to be “qualified” (3d Cir.), 1049

– – Grievance-processing duties, IBT steward's statements made in presence of other employees unlawful restraint, coercion under NLRA (NLRB), 1060
– – Overtime, meal and rest breaks, recordkeeping, account managers seek $100M in Cal., FLSA class claims (S.D. Cal.), 1163
– – Race bias, class action participation tolls statute on individual Title VII claims, retiree's pay and promotions claims revived (5th Cir.), 72
– – STAA, driver fired for spending excessive time on pre-trip vehicle inspections has no claim (4th Cir.), 1171
– – Whistleblower fired for refusing to use company Web sites due to privacy concerns has valid claim linked to identity theft law (D.N.J.), 636

– Veterans Messenger Serv., couriers employees, not independent contractors, firm liable for state UI fund contributions (Ill. Ct. App.), 1138

DEPARTMENT OF

See specific departments

DHS

See HOMELAND SECURITY DEPARTMENT (DHS)

DISABILITY BENEFITS

– Workers' compensation

See WORKERS' COMPENSATION

DISABILITY EMPLOYMENT POLICY OFFICE (ODEP)

– Appointments and personnel changes, assistant secretary of labor, Senate clears Martinez, In Brief, 977
– BLS to issue disabled persons employment data, monthly report, In Brief, 235

DISABILITY LEAVE

– Family and medical leave

See FAMILY AND MEDICAL LEAVE

– FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Sick leave

See SICK LEAVE

DISABLED EMPLOYEES

– ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

– ERISA, supplying medical reviewers with nonmedical history undercutting disability claim no abuse of discretion (7th Cir.), 1298
– Rehabilitation Act

See REHABILITATION ACT

– State law bias claims

See specific states

– Workers' compensation

See WORKERS' COMPENSATION

DISCIPLINE

– Minn., sex bias, retaliation complaint no shield against discipline for prior insubordination, claim fails (U.S., rev den), 131
– Race bias, Latino police officers' contempt claims against NYPD fail where “substantial steps” taken, statistics lacking (2d Cir.), 316

DISCLOSURE

– DOL semiannual regulatory agenda, 675
– 401(k) Fair Disclosure and Pension Security Act

See LEGISLATION, FEDERAL, HR 2989

DISCOVERY

– Attorney-client privilege

– – Sexual harassment, EEOC questionnaire, cover letter (E.D. Cal.), 1450
– – Waiver, appealability of order (U.S., oral arg), 1347

– Communication technology speeds ahead, attorneys cautioned to stay informed, 484
– EEOC no-withdrawal substitution, authority to investigate Title VII violations exists independent of resolution by parties, subpoena enforceable (7th Cir.), 146
– Relevance, fired school superintendent's discovery limited to time span of alleged constitutional violations, not earlier (E.D. Wis.), 111
– Witness intimidation, whistleblower fired for refusing to recant illegal hiring allegations, motion to compel upheld (U.S., rev grant), 161

DISPARATE IMPACT AND TREATMENT

– ADEA, Forest Serv. firefighter who failed required test failed to show disparity, pretext, but retaliation claim viable (Ore.), 768
– Race bias

– – Employment testing after Ricci, attorney analysis finds guidance, support for employers making hiring, promotions decisions, 1268
– – Telephone service tech fired for excessive personal use of company phone lacked comparator evidence (6th Cir.), 570
– – Testing, continuing violation rejected, firefighter applicants' EEOC charge untimely, judgment vacated (U.S., brief invited), 713; (U.S., rev grant), 1317
– – Written exams for NYC firefighter applicants not adequately job-related, no business necessity shown (E.D.N.Y.), 1056

– Ricci, equal protection, reverse race bias, disparate impact clash, promotion test results twice scrapped because too few minorities passed (U.S., rev grant), 67; (oral arg), 565; discarding test results without strong basis in evidence that rejected minority candidates could prevail on disparate impact claim was reverse bias (U.S., rvs), 903; Ricci decision unlikely to change opinions on Sotomayor Supreme Court nomination, speakers comment, 920; text, 928; Sotomayor confirmation hearings, role in New Haven firefighters case attacked, defended, 1005; attorneys discuss impact of Supreme Court holding on employers planning promotions, RIFs, other large scale actions, Special Report, 1038
– Sex bias, television news reporter fired under morals clause failed to show males better-treated (W.D. Texas), 994
– U.S. Supreme Court docket, 2009-2010 term, 1336

DISTRICT OF COLUMBIA

– Labor legislation, 2008, DOL reports, 236
– Same-sex marriage, state law developments, attorneys discuss benefits impact, tax status consequences, other pitfalls, 612
– State actions summary, 163; 294; 367; 445; 716; 1011; 1149; 1206; 1275
– UI benefits extended by 20 weeks, In Brief, 617
– Water and Sewer Auth. (WASA), ADA, damages properly denied, claimant not disabled under pre-ADAAA standards, and ADAAA not retroactive (D.C. Cir.), 1055

DIVERSITY

– EEOC's Asian Americans and Pacific Islander (AAPI) Work Group issues recommendations on federal employment, 78

DOJ

See JUSTICE DEPARTMENT (DOJ)

DOL

See LABOR DEPARTMENT (DOL)

DOMESTIC PARTNERS

– Family and Medical Leave Inclusion Act

See LEGISLATION, FEDERAL, HR 2132

– Tax Equity for Health Plan Beneficiaries Act

See LEGISLATION, FEDERAL, HR 2625, S 1153

DOMESTIC VIOLENCE

– Ill., domestic abuse, sexual violence, new law expands availability of leave for victims, 1241
– Iowa, Hooters waitress battered in off-duty domestic violence incident entitled to UI benefits (Iowa Workforce Dev.), 41
– State labor legislation, 2008, DOL reports, 236
– Women and girls, Obama creates policies council to help improve economic status, promote fairness, 360

DONNING AND DOFFING

See CLOTHES CHANGING

DOT

See TRANSPORTATION DEPARTMENT (DOT)

DPPA

See DRIVER'S PRIVACY PROTECTION ACT (DPPA)

DRESS CODES AND GROOMING

– “Glamorous appearance” required, Hooters waitress battered in off-duty domestic violence incident entitled to UI benefits (Iowa Workforce Dev.), 41
– “Grooming standards matching gender,” transsexual fired under gender-neutral dress code fails to show bias, pretext (N.D. Ind.), 112
– Religious bias, Philadelphia need not allow female Muslim police officer to wear head scarf, accommodation undue hardship (3d Cir.), 543

DRIVERS

– ERISA fiduciary breach, newspaper delivery drivers terminated under adverse selection rule may proceed against Central States Pension Fund with leave for additional discovery (D. Minn.), 232

DRIVER'S PRIVACY PROTECTION ACT (DPPA)

– Union organizing not a permissible exception, UNITE HERE unlawfully accessed motor vehicle records to obtain workers' home addresses (U.S., rev den), 431
– Union organizing, “tagging,” lack of notice bars punitive damages, but statutory liquidated damages upheld (E.D. Pa.), 1172

DRUG

– Manufacturing

See PHARMACEUTICAL INDUSTRY

– Stores

See PHARMACIES

– Testing

See DRUG AND ALCOHOL TESTING

DRUG AND ALCOHOL TESTING

– ADA, auto glass workers fired for taking legally prescribed drugs can sue over prohibited medical examination (M.D. Tenn.), 632
– Delay in written notice of confirmation policy violated state law, but outcome not affected, claimant entitled to legal fees but not damages (Iowa), 116
– NFL players disciplined for taking banned diuretic, arbitration awards upholding suspensions valid (8th Cir.), 1249
– Return-to-work and follow-up drug tests, DOT observed urination rule for safety-sensitive jobs upheld (D.C. Cir.), 707; DOT reinstates rule (D.C. Cir.), 1065
– Unreasonable searches, “reasonable suspicion,” N.C. county's random drug test policy unconstitutional (N.C. Ct. App.), 772
– Wash., medical marijuana law bars criminal prosecution, not enforcement of drug-free workplace policy, firing lawful (Wash. Ct. App.), 1295

DUE PROCESS

– Age bias, Ohio, $6M verdict upheld, but $10M punitives violate due process, remanded (6th Cir.), 386
– Intimate association, state prison guard fired for close relationship with former inmate has no claim, specific approval requirement safeguards DOC security interest (1st Cir.), 354
– RLA, arbitration panel's dismissal of grievances for lack of union evidence on conferencing violated 5th Amend. (U.S., rev grant), 291; (U.S., oral arg), 1401

DUES, UNION

– Agency fees

See AGENCY FEES

– Federal contractors, OLMS rescinds rule that employees must be notified of right not to join union, to pay fees only for representational expenditures, 473
– Idaho ban on local government employees' political payroll deductions no 1st Amend. violation (U.S., rvs), 273; text, 298
– Md. state workers can negotiate for mandatory nonmember service fees under newly enacted law, 686
– Newspaper that agreed to dues checkoff after pact expiration cannot unilaterally reverse decision without bargaining (D.C. Cir.), 602
– Utah ban on local government employees' political payroll deductions no 1st Amend. violation, prior holding vacated (10th Cir.), 604

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