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Vol. 7, Nos. 1-43, pp. 1-1462 Jan. 2 - Oct. 30, 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
LABOR DEPARTMENT (DOL)
Appointments and personnel changes
Assistant secretaries
Administration and management, Kerr nominated, 440; approved, 676
Congressional and intergovernmental affairs, Kennedy approved, 676 Mine safety and health, Main approved, 1399; confirmed, 1459 Policy, Spriggs approved, 1399; confirmed, 1459 Secretary of Labor
Acting secretary, Hugler designated until secretary takes office, 202
Outgoing Chao reviews challenges, accomplishments during 8-year tenure, BNA Interview, 120 Solis (D-Cal) tapped to head DOL, Obama cites advocacy record, 21; confirmation hearings dominated by card-check recognition issues, support for EFCA, 123; cloture motion filed, Senate to vote, 267; approved, 288 Wage and Hour, Boylan nomination, 552; withdrawn, 1429 Fair share health care, San Francisco ordinance not governed by or related to ERISA, no preemption, en banc review denied (9th Cir.), 355; bid for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 FLSA compliance spotlighted by aggressive plaintiff's bar, proactive Solis, management attorney offers tips, 978 FMLA regulations H1N1 virus, preparation, response, flu season guidance issued by 4 federal agencies, 1179 Reorganization, ESA to be dismantled, program offices will report directly to Solis, 1036 Semiannual regulatory agenda, 675 Social Security Number Fraud and Identity Theft Prevention Act
San Francisco experience touted as progressive blueprint for labor standards, city's reforms, advances discussed, 54
Card check authorization
See ARBITRATION
See PREEMPTION
Breach of fiduciary duty to labor organization, right of action implied, union may sue former officer (7th Cir.), 578; (U.S., rev den), 1403
Form LM-2 revisions, large union financial disclosure, OLMS issues final rule, 122; 180-day delay proposed, comments sought, 395; LM-2/LM-3 rule revising Form LM-2 delayed until Oct., DOL proposes to rescind, 581 IUOE, internal elections, password protection rule for campaign Web sites lawful despite restrictions on member access (D.C. Cir.), 876 LM-2/LM-3 form, union financial disclosure, DOL reviews comments on proposed withdrawal of Bush-era rule, Special Report, 1237; rule rescinded, 1429 LM-30 form, pre-2007 version, OLMS seeks extension on data collection, In Brief, 1236 Preemption
See PREEMPTION
DOL reorganization, ESA to be dismantled, program offices will report directly to Solis, 1036
Federal contractors, OLMS rescinds rule that employees must be notified of right not to join union, to pay fees only for representational expenditures, 473 LM-2/LM-3 form, union financial disclosure, DOL reviews comments on proposed withdrawal of Bush-era rule, Special Report, 1237; rule rescinded, 1429 LM-30 form, pre-2007 version, time extension sought on data collection, In Brief, 1236 LMRDA form LM-2 revisions, large union financial disclosure, OLMS issues final rule, 122; 180-day delay proposed, comments sought, 395; LM-2/LM-3 rule revising Form LM-2 delayed until Oct., DOL proposes to rescind, 581
Independent contractors, BLS to begin tracking fatalities in 2011 to aid OSHA, lawmakers, 289
Local 210, LIUNA demands raised jurisdictional dispute over caisson work and arbitration not required under LIUNA pact (2d Cir.), 1258
Pulte Homes, Norris-La Guardia Act bars injunction to halt union e-mail, voicemail campaign related to labor dispute (E.D. Mich.), 1328
Green Mountain Landscaping, FLSA retaliation claim viable for landscaper fired after filing wage/benefit form with state DOL (D. Vt.), 1054
Md., construction, landscaping contractors penalized for misclassifications under newly enacted law, 686 Mega Lighting, RICO, FLSA, prevailing wages, firm qualifies as employer, fired workers seeking class status may sue under federal, state law (C.D. Cal.), 540
Boston PD, assault of motorist, public policy bars arbitrator's reinstatement of out-of-line officer (Mass. App. Ct.), 801
Cal., Ontario, 4th Amend., covert video surveillance of police locker room, $2.75M settles officers class suit (C.D. Cal.), 1230 Cal., privacy, auditing text messages on sergeant's department-issued pager 4th Amend., state law violation, rehearing denied (9th Cir.), 152 DOI Park Police, Privacy Act, fired whistleblower's claim on whether destruction of performance appraisal was intentional must go to trial (D.C. Cir.), 840 FLSA, hours that victim assistance specialist served same agency as reserve police officer on special assignment for more than nominal pay count towards overtime, Wage and Hour Op. Letter, 86; text, 97 Florida
Dade County, free speech, prosecutor's blog related to police shooting probe protected speech, but suspension upheld on other grounds (S.D. Fla.), 879
Fort Lauderdale, ADEA, early retirement waiver, no Ledbetter invalidation (11th Cir.), 1326 Orange County, sexual harassment, deputy sheriff who declined post failed to show promotions bias, constructive discharge (U.S., rev den), 81
Card check win upheld for county deputies despite union failure to submit dues authorizations, access to cards denied (Ill.), 15
Chicago, compensatory time, FLSA dictates police officers must get leave within reasonable time unless operations unduly disrupted (7th Cir.), 507 Sangamon County, sexual harassment, sheriff's department strictly liable for bias by any supervisory employee, authority over victim not required, award reinstated (Ill.), 570 USERRA, city's preferential scheduling policy for police officers with part-time military obligations lawfully rescinded (7th Cir.), 763 Will County Sheriff, ADEA, sanctions, bad-faith bias claims merit order to pay most of defendant's legal fees, upheld (7th Cir.), 1255
Baltimore, free speech, police officer's unauthorized memo referenced matter of public concern, press leak not part of job duties, retaliatory firing claim revived (4th Cir.), 513
Ocean City, ADA, arbitration clause no waiver of right to sue, but constructive discharge elements not satisfied (D. Md.), 1026
Royal Oak Police Dept., sex bias, promotions, superior qualifications suggest pretext, claim revived (6th Cir.), 1288
Wayne County Sheriff's Dept., FMLA, security officer fired for failure to appear for scheduled drug test, not for taking leave for back injury (6th Cir.), 1052 New York
Discipline, race bias, Latino police officers' contempt claims against NYPD fail where substantial steps taken, statistics lacking (2d Cir.), 316
Retaliation, TRO barring NYCPD internal affairs department from investigation or discipline related to officers' FLSA suit at issue, remanded for explanation (2d Cir.), 192 Privacy Act, PBGC-17, new system proposed to protect records for law enforcement, 518 Tenn., USERRA, city of Nashville unlawfully delayed reinstatement of police officer honorably discharged from military, reasons for discharge immaterial to rights (U.S., rev den), 520
California, 1041
FMLA eligibility, where legality of layoff not resolved, factory worker returned to work under ULP settlement cannot claim layoff time as hours of service (S.D Ohio), 275
Furloughs
See FURLOUGHS
Disability
House
HR 1, American Recovery and Reinvestment Act (ARRA), would create new jobs, provide direct aid to state and local governments, help stem U.S. economic decline, House approves $819B bill, includes whistleblower protection, E-Verify, 156; Senate finance committee clears $522B for job-creating tax cuts, worker aid, overview, 157; Obama signs bill into law, touts real change for generations to come, 266; whistleblowers, policies to reduce exposure to retaliation claims, minimize impact, attorneys advise on legal, practical concerns, preventive measures, 483
HR 2, Children's Health Insurance Program Reauthorization Act, Pallone (D-NJ), would amend ERISA to require group health plans and insurers to allow enrollment when coverage terminated under Medicaid or state child health plan, passed, House and Senate versions to be reconciled, 203 HR 11, Lilly Ledbetter Fair Pay Act, would overturn Supreme Court decision limiting time frame for filing pay bias claims, amend Equal Pay Act to enhance remedies for sex-based pay disparities, House debate, approval expected, provisions reviewed, 52; approved in House, HR 12 combined, both sent to Senate as HR 11, 77; enacted, 156; passage promises work for attorneys, but outcomes uncertain, conferees warned, 482 HR 12, Paycheck Fairness Act, would make compensatory and punitive damages available as remedies in Equal Pay Act cases, authorize class actions governed by FRCP, mandate wage bias training, outreach by EEOC, OFCCP, House debate, approval expected, provisions reviewed, 52; approved in House, combined with HR 11, both sent to Senate as HR 11, 77; speakers discuss potential effects on claims if enacted, 1111 HR 98, Illegal Immigration Enforcement and Social Security Protection Act, Dreier (R-Cal), would increase fines, jail for those who knowingly hire undocumented workers or fail to verify eligibility, authorizes further sanctions, funding, introduced, 78 HR 290, Unemployment Insurance Modernization Act, McDermott (D-Wash), would make $7B from federal UI Trust Fund available to states in return for reforms to state UI programs in aid of low-wage and part-time workers, introduced, 78 HR 291, Unemployment Supplemental Assistance Act, McDermott (D-Wash), would provide temporary $50 increase in weekly benefits, introduced, 78 HR 466, Wounded Veteran Job Security Act, Doggett (D-Texas), would amend USERRA to bar bias, retaliation against persons receiving treatment for illnesses, injuries, disabilities incurred or aggravated during military service, House may take up May 20, 712; House approves by voice vote, 814 HR 626, Federal Employees Paid Parental Leave Act, Maloney (D-NY), would grant 4-weeks paid leave, allow use of accrued annual or sick leave to offset 12 weeks unpaid leave under FMLA, House passes, 814 HR 800, Employee Free Choice Act (EFCA), Miller (D-Cal), would require card check recognition by employers, without formal election process, provide for FMCS intervention if parties unable to reach first contract within 90 days, attorneys debate need for law, 54; pro-union group sets up $3M lobbying campaign to push for approval, 74; for further action, see LEGISLATION, FEDERAL, HR 1409 HR 849, Combustible Dust Explosion and Fire Prevention Act, Miller (D-Cal), Woolsey (D-Cal), Barrow (D-Ga), would require OSHA to issue interim rule within 90 days, final rule within 18 months, introduced in response to fatal sugar refinery blast, 234 HR 912, Airline Flight Crew Technical Corrections Act, would close hours loophole which effectively excludes flight attendants and pilots from FMLA coverage, House passes for second time, 234 HR 915, Federal Aviation Act reauthorization, House passes with change to organizing status of non-aviation FedEx workers from RLA governance to NLRA, 752 HR 933, Family-Friendly Workplace Act, Rogers (R-Wash), family time bill would amend FLSA to allow private sector employers to offer paid time off as compensation for overtime, reintroduced, 234 HR 983, Government Neutrality in Contracting Act, Sullivan (R-Okla), would restore Bush-era prohibition against use of PLAs on federal construction projects, introduced, 266 HR 1088, Mandatory Veteran Specialist Training Act, Doggett (D-Texas), disabled veterans aid, would reduce from 3 years to one year the period of time to complete DOL-required training for outreach program specialists, local veterans' employment representatives, 712 HR 1089, Veterans Employment Rights Realignment Act, Sandlin (D-SD), would designate OSC to investigate USERRA claims filed by veterans against federal agencies, leaving review of private sector claims under VETS purview, Veterans Affairs panel approves, 676; House approves, 712 HR 1098, Veterans on-the-job training bill, Perriello (D-Va), would allow veterans to use educational assistance entitlement for full-time apprenticeship or internship, require employer to pay wages while in training, House VA committee approves by voice vote, 814 HR 1105, Omnibus appropriations for the fiscal year ending September 30, 2009, Obey (D-Wis), $410B measure would fund government for remainder of FY2009, allows $151.8B for DOL programs, enacted, summarized, 359 HR 1127, Religious Worker Visa Extension Act, would extend Non-Minister Religious Worker Visa Program until Sept., 2009, approved in House and Senate, 360 HR 1176, Secret Ballot Protection Act, GOP bill would require secret ballot NLRB elections, introduced as preemptive strike against EFCA, 288 HR 1409, Employee Free Choice Act (EFCA), Miller (D-Cal), would require card check recognition by employers, without formal election process, provide for FMCS intervention if parties unable to reach first contract within 90 days, introduced, summarized, 359; Democratic fence-riders increase as officials press Chamber opposition on Hill, summary, 473; support wanes, Senate likely to draft compromise bill, 517; Specter (D-Pa) reiterates opposition, 610; alternative proposals emerge with Senate passage uncertain, options summarized, 677; Harkin (D-Iowa) intends to bring up bill for Senate floor debate in next month, 711; negotiations continue despite report on compromise deal, 1036; Senate vote put off till after Aug. recess, may be longer, Harkin (D-Iowa) explains, 1065; Specter (D-Pa) would support cloture vote on modified version, 1178; EFCA action on hold while health care, energy, banking reform take center stage, outlook, 1235; Specter (D-Pa) says compromise reached without card check recognition but AFL-CIO says no deal yet, 1266 HR 1507, Whistleblower Protection Enhancement Act, Van Hollen (D-Md), strengthens protections for federal workers, similar to provisions stripped from stimulus bill, introduced, summary, 395 HR 1723, Family Leave Insurance Act, Stark (D-Cal), to complement FMLA, would provide paid leave up to 12 weeks to care for ill family member, new child, or serious personal illness, with benefits paid from federal trust fund comprised of employer, employee contributions, introduced, 473 HR 1791, Stopping Trained in America Ph.D.s from Leaving the Economy (STAPLE) Act, Flake (R-Ariz), would exempt foreign-national science, technology, engineering, math (STEM) graduates from H-1B visa caps, numerical limitations on permanent residence, introduced, 582 HR 1897, Healthy Workforce Act, Blumenauer (D-Ore), Mack (R-Cal), measure identical to S 803 would provide a tax credit incentive to employers for the costs of implementing wellness programs, introduced, 517 HR 2067, Protecting America's Workers Act, Woolsey (D-Cal), would amend OSH Act to expand coverage, increase penalties, heighten whistleblower protections, introduced, 611 HR 2077, Alert Laid-Off Employees in Reasonable Time (ALERT) Act, Gutierrez (D-Ill.), would amend WARN Act, redefine mass layoff to include layoffs occurring at multiple worksites, hike penalties, introduced, 611 HR 2132, Family and Medical Leave Inclusion Act, Maloney (D-NY), would amend FMLA to permit leave to care for domestic partner, same-sex-spouse, parent-in-law, adult child, sibling, or grandparent with serious health condition, introduced, 639 HR 2151, Fair Pay Act, Harkin (D-Iowa), Norton (D-DC), would amend FLSA, update EPA, require employers to provide equal pay for jobs that are equivalent in skills, effort, responsibility, working conditions, introduced, 639 HR 2161, Family and Medical Leave Act restoration bill, Shea-Porter (D-NH), would repeal certain rules regarding implemented during Bush administration that restrict use of FMLA leave, restore former protections, original intent, introduced, 639 HR 2381, Nurse and Health Care Worker Protection Act, Conyers (D-Mich), Woolsey (D-Cal), safe patient handling bill would promulgate ergonomic standard mandating use of mechanical lifts to move patients, require hospitals to develop injury prevention plans, track trends, introduced, 712 HR 2414, Agricultural Job Opportunities and Benefits (AgJOBS) Act, Berman (D-Cal), Putnam (R-Fla), would ease shortages by allowing undocumented workers to continue working as farm labor while obtaining legal status, includes path to citizenship, H-2A changes, reintroduced, 712 HR 2460, Healthy Families Act, DeLauro (D-Conn), Kennedy (D-Mass), paid sick leave bill allowing workers to earn up to seven days for individual and family health needs introduced, summary, 711 HR 2472, Social Security Number Fraud and Identity Theft Prevention Act, Coffman (R-Colo), would allow SSA to share data among U.S. agencies for identity theft protection and immigration enforcement purposes, introduced, 753 HR 2537, Freedom From Union Violence Act, Wilson (R-SC), would amend Hobbs Anti-Racketeering Act to punish persons committing violence, extortion during labor disputes with fines up to $100K, prison up to 20 years, introduced, 753 HR 2564, Paid Vacation Act, Grayson (D-Fla), would amend FLSA to require that firms with 50 or more workers provide a minimum of 1 week of paid annual leave, and firms with 100 or more to provide 2-week minimum, introduced, 752 HR 2625, Tax Equity for Health Plan Beneficiaries Act, McDermott (D-Wash), would end taxation of health care benefits of qualified beneficiaries including domestic partners of the same or opposite sex, introduced, hoped-for link to health care reform bill discussed, companion bill is S 1153, 776 HR 2647, FY2010 DOD authorization, sick leave retirement credit for federal employees, repeal of Natl. Security Personnel Sys., military FMLA leave expansion, enacted, 1458 HR 2732, Rewarding Achievement and Incentivizing Successful Employees (RAISE) Act, McClintock (R-Cal), would amend NLRA to permit employers to pay higher wages to individual employees working under collective bargaining pact, introduced, 845 HR 2819, Breastfeeding Promotion Act, Maloney (D-NY), would amend FLSA to require reasonable unpaid break time for breast-feeding at work for one year after birth, offers employer tax-incentives, introduced, 884 HR 2892, FY2010 Department of Homeland Security Appropriations Act, Price (D-NC), House clears bill with amendment permitting respirator use by DHS workers, Senate-approved bill loaded with immigration issues to be reconciled with clean House bill, 1001; conference report, Senate passage, 1428 HR 2981, Employment Non-Discrimination Act (ENDA), Frank (D-Mass), would ban most public, private workplace discrimination based on sexual orientation, gender identity, reintroduced, 883 HR 2989, 401(k) Fair Disclosure and Pension Security Act, would amend ERISA and IRC with provisions related to pension funding, investment advice, and fee disclosure, combines provisions from HR 1984, HR 1988, education and labor committee passes, 918 HR 3042, Federal Oversight, Reform, and Enforcement of the WARN (FOREWARN) Act, Miller (D-Cal), to strengthen WARN Act enforcement, close loopholes, introduced, 918 HR 3200, America's Affordable Health Choices Act, House Democrats release $1 Trillion package to overhaul health care, pledge quick action, overview, 1000; Senate HELP panel reports out proposed Affordable Health Choices Act, overview, House, Senate finance to move bills, 1000; commerce panel approves bill after Democrats strike deal, summary, 1100 HR 3326, FY2010 DOD military activities authorization, amendment to limit defense contractors' use of mandatory arbitration, Senate passes, 1362 HR 3371, Airline Safety and Pilot Training Improvement Act, Oberstar (D-Minn), would require improved standards on safety, training, experience, including new FAA flight-and duty-time rules to combat flight crew fatigue, introduced, 1066; transportation panel approves, details, input, effects discussed, 1101; approved, 1398 HR 3404, Emergency Unemployment Compensation Extension Act, McDermott (D-Wash), would continue the federal extended benefits program for all 50 states to the end of 2010, provide additional weeks of funding for states with highest jobless rates, introduced, 1141 HR 3548, Emergency Unemployment Compensation Extension Act, McDermott (D-Wash), would provide additional 13 weeks emergency (EUC) benefits in states with 3-month average rate of 8.5 percent or more, pared-down version of HR 3404, House approves, bipartisan bill goes to Senate, 1301; cloture vote, amendments, 1458 HR 3721, Protecting Older Workers Against Discrimination Act (Miller), ADEA standard of proof, 1361 HR 6983, Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act, House approves stand-alone bill requiring insurers offering mental health coverage to provide same benefits as for other medical conditions, legislation enacted to extend compliance date, S 3712, 22
S 90, Government Neutrality in Contracting Act, Vitter (R-La), would restore Bush-era prohibition against use of PLAs on federal construction projects, introduced, referred to committee, 266
S 181, Lilly Ledbetter Fair Pay Act, Mikulski (D-Md), would overturn Supreme Court decision limiting time frame for filing pay bias claims, amend Equal Pay Act to enhance remedies for sex-based pay disparities, enacted, 156 S 182, Paycheck Fairness Act, would make compensatory and punitive damages available as remedies in Equal Pay Act cases, authorize class actions under EPA, speakers discuss potential effects on claims if enacted, 1111 S 275, Children's Health Insurance Program Reauthorization Act, Baucus (D-Mont), would amend ERISA to require group health plans and insurers to allow enrollment when coverage terminated under Medicaid or state child health plan, passed, House and Senate versions to be reconciled, 203 S 354, Federal Employees Paid Parental Leave Act, Webb (D-Va), would grant 4-weeks paid leave, allow use of accrued annual or sick leave to offset 12 weeks unpaid leave under FMLA, House passes companion bill HR 626, 814 S 388, Save Our Small and Seasonal Businesses Act, Mikulski (D-Md), Specter (R-Pa), would extend for 3 years an exemption on the cap on H-2B visas for seasonal foreign workers who return to the U.S. under the visa program, referred to judiciary panel, 267 S 478, Secret Ballot Protection Act, GOP bill would require secret ballot NLRB elections, introduced as preemptive strike against EFCA, 288 S 560, Employee Free Choice Act (EFCA), Harkin (D-Iowa), would require card check recognition by employers, without formal election process, provide for FMCS intervention if parties unable to reach first contract within 90 days, introduced, summarized, 359; Democratic fence-riders increase as officials press Chamber opposition on Hill, summary, 473; support wanes, Senate likely to draft compromise bill, 517; Specter (D-Pa) reiterates opposition, 610; alternative proposals emerge with Senate passage uncertain, options summarized, 677; Harkin (D-Iowa) intends to bring up bill for Senate floor debate in next month, 711; Senate vote put off till after Aug. recess, may be longer, Harkin (D-Iowa) explains, 1065; Specter (D-Pa) would support cloture vote on modified version, 1178; EFCA action on hold while health care, energy, banking reform take center stage, outlook, 1235; Specter (D-Pa) says compromise reached without card check recognition but AFL-CIO says no deal yet, 1266 S 803, Healthy Workforce Act, Harkin (D-Iowa), measure identical to HR 1897 would provide a tax credit incentive to employers for the costs of implementing wellness programs, introduced, 517 S 904, Fair Pay Act, Harkin (D-Iowa), Norton (D-DC), would amend FLSA, update EPA, require employers to provide equal pay for jobs that are equivalent in skills, effort, responsibility, working conditions, introduced, 639 S 931, Arbitration Fairness Act (AFA), Feingold (D-Wis), would amend FAA, prohibit mandatory arbitration of employment claims, pre-dispute waiver of right to sue unless part of collective bargaining agreement, introduced, 676 S 1025, Volunteer Firefighter and EMS Personnel Job Protection Act, Carper (D-Del), would ban adverse action against workers assisting relief efforts during presidentially-declared disaster or emergency, introduced, 753 S 1038, Agricultural Job Opportunities and Benefits (AgJOBS) Act, Feinstein (D-Cal), would ease shortages by allowing undocumented workers to continue working as farm labor while obtaining legal status, includes path to citizenship, H-2A changes, reintroduced, 712 S 1041, Employee Free Choice Act (EFCA), Kennedy (D-Mass), would require card check recognition by employers, without formal election process, provide for FMCS intervention if parties unable to reach first contract within 90 days, attorneys debate need for law, 54; pro-union group sets up $3M lobbying campaign to push for approval, 74; for further action, see LEGISLATION, FEDERAL, S 560 S 1152, Healthy Families Act, Kennedy (D-Mass), Dodd (D-Conn), paid sick leave bill allowing workers to earn up to seven days for individual and family health needs introduced, summary, companion bill to HR 2460, 752 S 1153, Tax Equity for Health Plan Beneficiaries Act, Schumer (D-NY), would end taxation of health care benefits of qualified beneficiaries including domestic partners of the same or opposite sex, introduced, no comment on potential merging with health care reform bill, companion bill is HR 2625, 776 S 1184, Rewarding Achievement and Incentivizing Successful Employees (RAISE) Act, Vitter (R-La), would amend NLRA to permit employers to pay higher wages to individual employees working under collective bargaining pact, introduced, 845 S 1374, Federal Oversight, Reform, and Enforcement of the WARN (FOREWARN) Act, Brown (D-Ohio), to strengthen WARN Act enforcement, close loopholes, introduced, 918 S 1390, FY2010 DOD authorization, re-employment of retirees without salary cut in amount of annuity, enacted, 1458 S 1451, Federal Aviation Act reauthorization, Rockefeller (D-WVa), 5-year bill omits FedEx collective bargaining changes but includes other labor provisions including crew fatigue study, science and transportation panel approves, In Brief, 1037; floor action postponed for 2009, allowing time for administration proposal, 1302 S 1647, Assistance for Unemployed Workers Extension Act, Reed (D-RI), would continue the federal extended benefits program for all 50 states to the end of 2010, provide additional weeks of funding for states with highest jobless rates, introduced, 1141 S 1699, Emergency Unemployment Compensation Extension Act, Reed (D-RI), would provide additional 13 weeks emergency (EUC) benefits in states with 3-month average rate of 8.5 percent or more, identical to HR 3548, action pending on House-passed bill, 1301; for further action S 3712, technical correction legislation approved to extend compliance date of Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act, enacted, 22
ADEA, cash balance plans, fair pay act applied to revive accrual rates challenge (D. Colo.), 1219
ADEA, early retirement waiver, no invalidation (11th Cir.), 1326 EEOC compliance manual revised to conform with Act, 1179 Ill., continuing violations, pay equity filing options expanded, Ledbetter paycheck-based timing adopted, 1241 Obama agenda on labor and employment law called aggressive, but pragmatic by ABA panelists, 1116
Iowa, pay equity bill, 615
New York
Overtime, fuel oil truck dispatchers may sue for back pay, liquidated damages, administrative exemption not shown (E.D.N.Y.), 220
Wage and hour, liquidated damages available under new law, 1242 USERRA, right to jury trial (E.D. Tenn.), 1384
See LABORERS (LIUNA)
UI benefits for locked-out workers, Colo. bill heads to governor, 687
RLA, due process violated when arbitration panel dismissed grievances for lack of union evidence on conferencing (U.S., rev grant), 291; (U.S., oral arg), 1401
Psychological injury from personnel action, compensability (9th Cir.), 1396
Labor legislation, 2008, DOL reports, 236
State actions summary, 851; 1303
After-acquired evidence of disloyalty does not excuse failure to file timely appeal on UI benefits (Pa. Commw. Ct.), 1054
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