Workplace Law Report Index-Summary

H1N1 VIRUS

– EEOC issues technical assistance document on preparedness compliant with ADA, 640
– N95 respirators, CDC guidance, health care workers, 1428
– Preparation, response, flu season guidance issued by 4 federal agencies, 1179
– Vaccine

– – EMS, health care workers one of five key groups identified by CDC for first round, summary, 1101
– – Health care workers, House hearing, 1335

HANDBILLING

– Free speech, content-based ordinance barring use of rat balloon in IBEW protest on public sidewalk violates 1st Amend., overbroad, invalidated (N.J.), 226

HAWAII

– Card check authorization, legislature passes bill similar to EFCA, veto expected, override possible, 687; legislature overrides veto, 1042
– Labor legislation, 2008, DOL reports, 236
– State actions summary, 1206

HAZARDOUS SUBSTANCES

– Acetylene standard, OSHA final rule updates references, 1141
– Combustible dust

– – Combustible Dust Explosion and Fire Prevention Act

See LEGISLATION, FEDERAL, HR 849

– – OSHA rulemaking to begin, Solis announces hiring, enforcement, and emphasis programs, 610; advance notice of rulemaking, 1429

– Combustible dust, OSHA issues 667 citations following inspections in Ala., Fla., Ga., Miss., 976
– Hazard communication standard, OSHA proposes rule to align with U.N. globally harmonized labeling system (GHS), 1334
– Hexavalent chromium, NIOSH draft criteria document recommends slashing airborne limit, 157
– Nanotechnology, NIOSH recommends proactive risk management to combat work exposure, 1201
– Risk assessment, DOL to scrap Bush-era “secret rule” lowering standards, 1235
– U.N. globally harmonized labeling system (GHS), chemical hazard communication

– – Material Safety Data Sheets (MSDS) studies analyze flaws, challenge OSHA proposal, 124
– – OSHA sends revisions, notice of proposed rulemaking to OMB for review, 775

HEALTH AND HUMAN SERVICES DEPARTMENT (HHS)

– H1N1 virus, preparation, response, flu season guidance issued by 4 federal agencies, 1179
– Reproductive services, rights of conscience rule

– – HHS issues final rule intended to protect health care workers, summary, 22
– – OMB reviewing proposed regulation to rescind Bush-era rule, comments summarized, 330
– – Rescission proposed due to opposition, HHS seeks comments, 359

HEALTH INSURANCE

– Children's Health Insurance Program Reauthorization Act

See LEGISLATION, FEDERAL, HR 2, S 275

– COBRA

See CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)

– Designated beneficiary agreements, Colo. estate planning, administration law for unmarried persons summarized, 559
– Eligibility, county's Clinical Health Risk Assessment likely violates ADA, EEOC Op. Letter, 633
– FMLA, retroactive termination of health benefits unlawful interference, retaliation, $85K judgment confirmed (7th Cir.), 661
– Furloughs driven by recession may negatively impact benefits, practitioners advise, 815
– GINA compliance

See GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

– Health Care Serv., extent of FEHBA preemption, FEHBP jurisdiction (U.S., rev grant), 1400
– Reform

– – America's Affordable Health Choices Act

See LEGISLATION, FEDERAL, HR 3200

– – Financing, Obama favors capping itemized deductions rather than taxing employer-provided benefits, House and Senate public plans discussed, 976
– – House Democrats release legislative framework, includes mandates, consumer options, small business breaks, new rules for insurance market, 813; draft bill analysis details several employer, employee provisions, 976; for further action

See LEGISLATION, FEDERAL, HR 3200

– – Senate committee chairs Kennedy, Baucus tell Obama health care bills to be considered in early June, 581; Kennedy proposal would contain individual, employer mandates, briefing paper summarized, 775; HELP committee close to passing overhaul, awaiting budget estimates, 883; HELP bill would cost $611B, Democrats unveil more coverage provisions, public plan option, 976; HELP panel reports out proposed Affordable Health Choices Act, overview, House, Senate finance to move bills, 1000; Finance panel continues efforts at bipartisan overhaul using CBO cost data, framework possible before recess, 1065; Finance chair says accord needed “soon” after Sept. return, 1100; Baucus (D-Mont) sets $856B measure for Finance markup next week, summary, 1266; markup changes meant to allay concerns of Snowe (R-Maine), Democrats, summary, 1301; financing amendments, 1334; Finance final markup, final vote, 1361; approval, merger of Finance and HELP bills, 1398
– – Tax exclusion repeal ruled out, but Baucus (D-Mont) says law could be modified to be more equitable, Senate roundtable discussion, 675

– Retirees

See RETIREE HEALTH BENEFITS

– San Francisco

– – City touted as progressive blueprint for labor standards, reforms, advances discussed, 54
– – Fair share health care ordinance not governed by or related to ERISA, no preemption, en banc review denied (9th Cir.), 355; bid for emergency stay to block pay-or-play law denied (U.S.), 481; large employer interest groups seek review of no- preemption decision (U.S., amicus curiae brief filed), 999; city urges denial of review (U.S., opp brief filed), 1197; solicitor general view (U.S., brief invited), 1363

– Tax Equity for Health Plan Beneficiaries Act

See LEGISLATION, FEDERAL, HR 2625, S 1153

– Wellness program tax credit, Healthy Workforce Act

See LEGISLATION, FEDERAL, HR 1897, S 803

– WellPoint, sex bias, stereotyping claim revived for mother passed over for promotion due to young children, supervisor comments support liability (1st Cir.), 510
– Women and girls, Obama creates policies council to help improve economic status, promote fairness, 360

HEALTH SAVINGS ACCOUNTS (HSAs)

– Employer contributions, IRS releases final regulations, 1267

HERE (HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES)

See now UNITE HERE

HHS

See HEALTH AND HUMAN SERVICES DEPARTMENT (HHS)

HIRING

– Applicants' resumes with one or two typos could sink job prospects, survey says, look for errors spell-check can't catch, 1129
– Employment testing after Ricci, attorney analysis indicates guidance, support for employers making hiring, promotions decisions, 1268

HIV

See AIDS AND HIV

HOLIDAYS

– Valentine's Day survey shows office romance popular with U.S. workers, 221

HOME HEALTH CARE

– Home Care of Wash., settlement without notice to lawyer, putative class members invalid (Wash. Ct. App.), 1323
– Loving Care Agency, attorney-client privilege, firm had no right to access bias claimant's e-mails sent to lawyer through personal account on company laptop (N.J. Super. Ct. App. Div.), 913
– Special Touch Health Care, strikers failed to notify or call in, reinstatement ruling remanded for NLRB to consider §8(g) conflict with plant rule doctrine (2d Cir.), 668

HOMELAND SECURITY DEPARTMENT (DHS)

– Appointments and personnel changes, Secretary, Napolitano (D) confirmed by Senate, 123
– Budget, FY2010 Department of Homeland Security Appropriations Act

See LEGISLATION, FEDERAL, HR 2892

– Directive to review E-Verify errors, identity theft, detention facilities announced, 202
– H-2B visa program, final rule to streamline issued, critics say changes hurt workers, 21
– H1N1 virus, preparation, response, flu season guidance issued by 4 federal agencies, 1179
– ICE

See IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

– Labor certifications, expiration, DOL rule mandating use in support of visa petition within 180 days upheld (7th Cir.), 1176
– No-match regulation, DHS issues proposed rule to rescind, 1178; rescission, final rule, 1359
– Social Security Number Fraud and Identity Theft Prevention Act

See LEGISLATION, FEDERAL, HR 2472

HOSPITALS

– Advocate Health Care, antitrust, wage suppression, class certification denied (N.D. Ill.), 1350
– Alle-Kiski Med. Ctr., EPA, viability (W.D. Pa.), 1327
– Beth Israel Deaconess Med. Ctr., sex bias, retaliation, mandatory arbitration enforceable for state law claims only where expressly mentioned in accord (Mass.), 1090
– Cal. Pac. Med. Ctr., ULPs, 10-days' notice required for overtime refusal by hospital workers, UHW faulted (9th Cir.), 1092
– Community Med. Ctr., barring garage access, announcing shared governance were ULPs, new NYSNA election ordered for RNs (NLRB), 804
– Cook County Hosp., ADA, doctor who threatened to kill co-workers lawfully fired, employer's honest belief sufficient (7th Cir.), 870
– Correctional Med. Servs. (CMS), AFSCME picketing without 10-day advance notice was ULP, but firing clinic workers for participating in picket line unlawful (2d Cir.), 875
– Flushing Hosp. Med. Ctr., sexual harassment, emotional distress, fault split evenly between physician and hospital, nurse awarded record $15M (N.Y. Sup. Ct.), 321
– Fremont-Rideout Health Group, withdrawal of recognition from CNA based on minority petition was ULP, ordered to recognize, bargain (NLRB), 1227
– H1N1 virus (Swine Flu)

See H1N1 VIRUS

– Hennepin County Med. Ctr., janitor who violated daily call-in policy during FMLA leave lawfully fired (8th Cir.), 7
– Laurel Baye Healthcare of Lake Lanier, 2-member NLRB lacks §3(b) authority to issue rulings, Board appeals for reversal (U.S., rev sought), 1340
– Miami Valley Hosp., AIR-21, air ambulance pilot unlawfully fired for safety complaints to supervisor, FAA (DOL ARB), 1007
– Nurse and Health Care Worker Protection Act

See LEGISLATION, FEDERAL, HR 2381

– Physician Care, sexual harassment, retaliation, claimant cannot collect $222.5K judgment where harasser's ex-wife got all assets in intervening divorce (N.D. Ill.), 1089
– Pomona Valley Hosp. Med. Ctr., FLSA, overtime, hourly base rates vary for 8-hour, 12-hour shifts (9th Cir.), 1444
– Proctor Hosp., cat's paw liability, USERRA claimant's judgment reversed, submission to jury without proof of biased individual's singular influence on decisionmaker was error (7th Cir.), 425
– Rehab-Care Group East, USERRA, subcontractor not a successor in interest to former subcontractor/employer, no duty to hire therapist returning from service (S.D. Iowa), 39
– Reproductive services, rights of conscience

– St. Tammany Parish Hosp., ADA, claim over denial of request for alternative software accommodation proceeds, but not retaliation (E.D. La.), 572
– Univ. of Pittsburgh Med. Ctr. (UPMC) Braddock, hospitals working on HMO's government contract are federal subcontractors subject to OFCCP compliance reviews despite contractual omission (DOL ARB), 780
– UPMC Shadyside, Rehabilitation Act, failure to transfer has 4-year limit, housekeeper's claim timely filed, factually sufficient, revived (3d Cir.), 1165
– Virginia Mason Med. Ctr., majority status presumed, withdrawal of recognition during certification year was ULP (9th Cir.), 322

HOT CARGO CONTRACTS

– Loss of delivery work caused by supplier, not firm under contract, IBT grievance was ULP (2d Cir.), 1132

HOTELS

– Comfort Inn, peonage, conspiracy, visa fraud, document servitude, convictions, fines upheld for owners who abused Filipino housekeepers (8th Cir.), 608
– Congress Plaza, meal and rest breaks, Ill. law, NLRA preemption (U.S., rev den), 1366
– Decatur Hotels, not required to pay recruitment, travel, visa expenses of temporary H-2B guest workers hired after Katrina (5th Cir.), 250
– Milwaukee City Center, accretion, improper standard applied, franchise workers unlawfully joined to existing UNITE HERE bargaining unit (NLRB), 1292
– Silver Cloud, UBC secondary boycott, defamation claims proceed, but contract-based claims dismissed (W.D. Wash.), 1259

HSAs

See HEALTH SAVINGS ACCOUNTS (HSAs)

HUMAN CAPITAL MANAGEMENT

– Problem-solving group dynamic enhanced by introduction of socially distinct newcomer, study shows, 541
– Staff retention, recruitment new year's focus for four in 10 CEOs, also productivity, morale, 9

HUMAN TRAFFICKING

– FLSA, TVPA, immigration status irrelevant to Indian guestworkers' right to sue shipyard (E.D. La.), 549
– Peonage, conspiracy, visa fraud, document servitude, convictions, fines upheld for hotel owners who abused Filipino housekeepers (8th Cir.), 608
– State laws

– – First quarter, 2009, 150 immigration-related bills introduced, report, 616
– – Labor legislation, 2008, DOL reports, 236