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Vol. 6, Nos. 1-43, pp. 1-1452 Jan. 4 - Oct. 31, 2008 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)
Administration
Appointments and personnel changes, Senate confirmations include Radzely, Jacob, Hall, and Webster, 24
Budget, FY2009, $53.1B administration proposal carries $1.3B job training cut, overview, 194; state workforce officials urge House panel not to cut job training, employment service funds as recession looms, 380; Chao defends budget priorities before House committee, 380
Amicus brief, fair share health care, DOL claims ERISA preempts San Francisco ordinance, seeks reinstatement of injunction (9th Cir.), 505; enrollments, program status, employer perspectives discussed, 676
Child labor
See CHILD LABOR
See VISAS
Pension protection, information sharing, DOL, SEC sign memorandum of understanding (MOU) to formalize, overview, 1063 Wage and Hour Division
FMLA
PolyOne, formerly B.F. Goodrich, retiree health benefits vested where linked in CBA to eligibility for pension benefits, claim revived (6th Cir.), 408
Raybestos Prods., worker lawfully fired for suspected FMLA leave abuse, second job violated pact, §301 claim rejected (7th Cir.), 1023
Campaign Web sites, IUOE rule requiring locals to maintain passwords lawful to block nonmember access (D.D.C.), 1434
Enforcement
Criminal actions involving unions, OLMS releases FY2008 stats, 1443
DOL semiannual regulatory agenda, 636 Form LM-2, more detail, OLMS proposes revisions to disclosure rule for large unions, 672 Form LM-3, delinquency, OLMS sets process for revoking small union's right to file, 672 T-1 form proposed by OLMS for unions to report annually financial data related to trusts, 347; OLMS issues final rule, overview, 1319
LMRDA, criminal actions involving unions, OLMS releases FY2008 stats, 1443
NLRA preemption, employers urge justices to rule that Cal. law barred (U.S., oral arg), 395; preempted, state-funded employers' non-coercive speech lawful (U.S., rev, rem), 832; text, 886
FY2008 budget, $4M shortfall triggers hiring freeze, program cuts, 91
United Rentals Highway Techs., Indiana Constructors, hot cargo provision, construction industry exception to NLRA ban saves CBA (7th Cir.), 341
Brickman Group, FLSA, fees charged to H-2B workers reduced wages below minimum (E.D. Pa.), 44
Overtime, soil analyst involved in research, marketing is exempt administrative employee, Wage and Hour Op. Letter, 640 Silverleaf Resorts, unsafe workplace, injured employee's state law negligence claim viable independent of ERISA, no preemption (5th Cir.), 124
English-only rules
Bad faith inferred, ex-employee who unlawfully altered contents, links during post-termination control of corporate web site violated anti-cybersquatting provisions (S.D. Ind.), 406
California
Disability bias, $1.7M jury award upheld against Lake County for failure to reinstate juvenile hall officer (N.D. Cal.), 241
Privacy expectation reasonable, auditing text messages on police sergeant's department-issued pager 4th Amend., Cal. violation (9th Cir.), 909; attorneys analyze effect of ruling on employee monitoring policies, best practices, 975 Race bias, retaliation
San Bernardino Police Dept., dismissal with prejudice of overly long complaint was abuse of discretion, claims revived (9th Cir.), 998
Whistleblowing white police officer who complained about supervisor's racial slurs wins $3.1 (Cal. Super. Ct.), 1275 Ill., USERRA requires equal, not preferential, treatment, policy allowing reservists to make up missed time on days off lawfully rescinded (S.D. Ill.), 765 Joint employment, FLSA, police officers working off-duty hours for separate government entity may not combine hours in regular pay, overtime calculations, Wage and Hour Op. Letter, 353; text, 355 La., St. Tammany Parish Sheriff's Office, FMLA, support for wife's claim against same employer not protected, retaliation claim properly dismissed (5th Cir.), 795 Nevada, religious bias, Jewish police officer has right to wear beard, but not yarmulke (D. Nev.), 1160 N.J., Morris Cty. Sheriff's Office, disability bias, resume fraud does not limit punitive, tort damages for hostile environment (N.J.), 773 New York
Nassau County, sex bias, repeated denial of detective's bid for transfer to better job was adverse action, claim revived (2d Cir.), 562
National origin bias, harassment, personal liability claim proceeds against NYPD counter-terrorism adviser who sent anti-Muslim e-mails (S.D.N.Y.), 208 Retaliation, TRO bars police internal affairs department from investigation or discipline related to plaintiff officers' FLSA overtime suit (S.D.N.Y.), 431 Ohio
FLSA, partial win goes to officers denied compensatory time off so Cleveland could avoid paying replacements overtime, disruption, finances key factors (N.D. Ohio), 290
Medical inquiry, rule conditioning sick leave on submission of doctor's note to supervisor triggers preliminary injunction (S.D. Ohio), 1221 Pa., race bias, retaliation, Philadelphia police officers harassed for opposing unlawful treatment of colleagues win $10M jury award (E.D. Pa.), 690 Tennessee
Disparate treatment, cantankerous female police officer shows race and sex bias, retaliatory firing (W.D. Tenn.), 561
4th Amend., breathalyzer testing of off-duty officer not unreasonable seizure despite fear of job loss (6th Cir.), 157 USERRA, suspicion of dishonesty, police fitness for duty procedures no defense for delaying re-employment (6th Cir.), 1151 Travel time, federal officer's commutes in government-owned vehicles not compensable under FLSA (U.S., rev den), 60 U.S. Marshals Service, Rehabilitation Act, court security officer with partial hearing loss failed to establish regarded-as claim, localizing sound not major life activity (U.S., rev den), 59 Wash., injured trainee may sue city of Seattle for damages in addition to workers' compensation under state law (Wash.), 53
N.Y. WARN Act, 90 days' notice required for mass layoff, plant closing, relocation, 1172
Retaliation, layoff immediately after filing of ADEA claim could establish prima facie retaliation case (6th Cir.), 185
Bartech Tech. Servs., joint employers, FMLA claim revived for IT manager employed by contractor, terminated by client (6th Cir.), 427
Servicemembers Access to Justice Act
See VOTING
House
HR 493, Genetic Information Nondiscrimination Act (GINA), Slaughter (D-NY), would amend ERISA to preclude bias by group health plans and health insurance issuers, bar insurers from requiring genetic tests, House approves bill, Bush to sign, 611; enacted, 726; employer advocates wary of new law's potential effects, attorneys offer analysis, 728
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, Kennedy (D-Mass) tells UAW conferees that bill would help narrow growing income disparity, but passage must wait till after election due to GOP block, 194 HR 1338, Paycheck Fairness Act, DeLauro (D-Conn), would help eliminate wage bias and pay disparities experienced by women in the workplace, strengthen penalties for EPA violations, increase DOL training and enforcement, bar retaliation, House passes, overview, 1094 HR 1424, Emergency Economic Stabilization Act, attached as rider to House-passed mental health parity bill, revamped alternative to rejected federal bailout package HR 3997, Senate clears $700B plan to rescue financial markets, caps on executive pay detailed, package moves to House, 1319; mental health parity enacted as part of financial rescue signed by Bush, 1342 HR 1431, Workplace Religious Freedom Act, witnesses favoring religious accommodations bill testify before House panel, issues discussed, 222 HR 1585, National Defense Authorization Act, FY2008 DOD, DOE authorization bill, Bush vetoes bill extending FMLA to family members of wounded service members and providing whistleblower protection to defense contractors' employees, House considers override, 54 HR 2095, Federal Railroad Safety Improvement Act, Inouye (D-Hawaii), Oberstar (D-Minn), would reauthorize Amtrak, update rail safety legislation, set minimum training standards, tighten hours of service rules, overview, House and Senate have approved, enactment expected, 1342; enacted, overview, 1406 HR 2159, Civil Rights Act of 2008, Lewis (D-Ga), omnibus bill would overturn or modify several Supreme Court decisions, allow state employees to sue for damages for age bias, overtime violations, curtail use of mandatory arbitration clauses in individual contracts, eliminate damages cap in Title VII cases, introduced, 161 HR 2638, Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, resolution to fund government programs, extends TAA as is, keeps program running to March, 2009, disappointed Bush enacts, 1319; bill funds DHS for 2009, includes $100M to fund E-Verify, 1380 HR 2642, Military Construction and Veterans Affairs Appropriations Act, war supplemental package, amendment would extend unemployment benefits 13 weeks past exhaustion, Senate proposal allows 20-week and 33-week extensions, full House, Senate appropriations panel approve, 699; Senate approves unemployment benefits extension, strips H-2B program extension, 727; House likely to scrap unemployment extension, Hoyer (D-Md) predicts, 779; House votes to extend UI benefits, White House now supports provision, 913; Bush enacts, 942 HR 2703, Private Security Officer Employment Authorization Act, Andrews (D-NJ), would require states to provide state criminal history data to employers of private security guards, witnesses say many states have not implemented background checks process, HELP panel hearing, 300 HR 2744, Airline Flight Crew Technical Corrections Act, would close hours loophole which effectively excludes flight attendants and pilots from FMLA coverage, labor committee approves, 673; House approves, 699 HR 2768, Supplemental Mine Improvement and New Emergency Response (S-MINER) Act, Miller (D-Cal), addresses permissible exposure limits for hazards, amendment adds retreat mining provisions, House vote planned, Bush opposes, vows to veto, 90 HR 3010, Arbitration Fairness Act, Johnson (D-Ga), would invalidate mandatory pre-dispute agreements in employment, consumer and franchise contracts where parties' bargaining power unequal, companion bill to S 1782, reported favorably to Judiciary Committee, 1009 HR 3079, Northern Mariana Islands Immigration, Security, and Labor Act, Christensen (D-VI), would extend U.S. immigration laws to CNMI, establish guestworker program, provide territory with nonvoting delegate to House, enacted, 636 HR 3185, 401(k) Fair Disclosure for Retirement Security Act, Miller (D-Cal), would require 401(k) plan administrators to disclose hidden fees and conflicts of interest, labor panel approves substitute bill, chairman hopes for 2008 passage, 573 HR 3195, Americans with Disabilities Restoration Act, Hoyer (D-Md.) and Sensenbrenner (R-Wis.) offer bill to restore original intent of ADA, Education and Labor panel debates potential effects, unintended consequences, 160; labor, judiciary panels approve substitute bill, the ADA Amendments Act, bills compared, contrasted, 852; bill clears House vote, proceeds to Senate, overview, 899; Senate panel holds discussion on proposed ADA amendments, 1009 HR 3524, HOPE VI Improvement and Reauthorization Act, would reauthorize a public housing development program though FY2015, House passes bill after bid to strip Davis-Bacon prevailing wage provisions fails, 126 HR 3799, Federal Employees Paid Parental Leave Act, Maloney (D-NY), Davis (D-Ill), would provide executive and legislative branch employees 8 weeks' paid leave following birth or adoption, benefits recruitment, retention, witnesses say, 381 HR 3997, Emergency Economic Stabilization Act, federal bailout package, $700B plan to rescue financial markets, cap executive compensation narrowly rejected in House, Senate approves revamped alternative, HR 1424, 1319 HR 4088, Secure America Through Verification and Enforcement (SAVE) Act, Shuler (D-NC), Bilbray (R-Cal), would require use of E-Verify program, includes border security component, prospects discussed by House leadership, 299; opponents warn E-Verify expansion would wreak havoc at Social Security Administration, with first-year cost estimated at $1B, 477 HR 4106, Telework Improvements Act, Davis (D-Ill), would require federal agencies to develop programs allowing eligible workers to telework at least 20 percent of every 2-week period, passed by voice vote, 809 HR 4341, TAA 3-month extension under the Trade Act of 1974, Levin (D-Mich), House approves, Senate fails to approve, DOL says funding bill continues benefits, 25 HR 4986, National Defense Authorization Act, new version of vetoed FY2008 DOD, DOE authorization bill (HR 1585) extends FMLA to family members of wounded service members, provides whistleblower protection to defense contractors' employees, enacted, 160 HR 5140, Recovery Rebates and Economic Stimulus for the American People Act, $152B package, Senate accepts bill after adding rebates for seniors, disabled vets, Bush enacts, 221 HR 5228, Employee Changing Room Privacy Act (ECRPA), Andrews (D-NJ), Dear Colleague letter circulated on proposed bill barring audio, video monitoring of workers changing clothes, 222 HR 5233, Giving Relief to Our Small Businesses Act, Drake (D-Va), reviving 2-year exemption from H-2B visa cap for returning workers, would allow for comprehensive review, introduced, referred to judiciary panel, 221 HR 5515, New Employment Verification Act, Johnson (R-Texas), Lewis (R-Ky), would create mandatory national process for citizens and immigrants, replace DHS E-Verify program, hearing scheduled, 635; discussed in contrast to HR 5596, 973 HR 5522, Combustible Dust Explosion and Fire Prevention Act, Miller (D-Cal), Barrow (D-Ga), would require OSHA to issue regulations within 90 days, OSHA mulling options, including rule, House panel told, 381; Woolsey (D-Cal) substitute bill addressing minority concerns passes committee, heads to full House, 544; bill passes House vote despite Bush veto threat, 611; Senate vote ahead, discussed, 1062 HR 5569, investor visas bill would extend EB-5 regional center pilot program 5 years, House passes, brief overview, 808 HR 5570, Religious Worker Visa Extension Act, would extend Non-Minister Religious Worker Visa Program for 7 years, immigration subcommittee approves, 380; judiciary panel approves by voice vote, 478; House approves, 543; 5-year extension approved, discussed in relation to S 3606, 1320 HR 5596, Employee verification bill would extend DHS basic pilot E-Verify program by 10 years, to Dec. 31, 2018, Conyers (D-Mich), others push for floor debate, discussed in contrast to HR 5515, 973 HR 5706, 10K Run for the Border Act, Myrick (R-NC), would raise current range of fines for INA violations from $250-$2K to $10K-$80K, raise repeat violator fines of $3K-$10K to $120K to $1.6M, offer incentives for state and local prosecution, referred to judiciary panel, 508 HR 5749, Emergency Extended Unemployment Compensation Act, McDermott (D-Wash), English (R-Pa), bipartisan proposal would extend jobless benefits by 13 weeks, introduced, 507; Ways and Means panel approves, 544 HR 5781, Federal Employees Paid Parental Leave Act, Maloney (D-NY), would give federal workers 4 weeks' paid leave for childbirth, plus right to use additional 8 weeks of accrued sick leave for birth or adoption, panel approves substitute bill, overview, 573; House passes despite Bush veto threat, 913 HR 5804, Taxpayer Responsibility, Accountability, and Consistency Act, would reduce number of employees who can be classified as independent contractors, repeal safe harbor provisions, hike fines for misclassifications, introduced, overview, 544; IRS attorney reports on stepped-up enforcement of payroll tax compliance, 1228 HR 5838, Teaching and Research Assistant Collective Bargaining Rights Act, Miller (D-Cal), would amend NLRA to allow workers at private colleges and universities to vote on union representation, collectively bargain, would effectively overturn NLRB's Brown University ruling, introduced, 572 HR 5845, Crime Victims Employment Leave Act, Emanuel (D-Ill), would extend FMLA leave to victims of violent crime and domestic violence, and to their family members, to attend related court proceedings, introduced, referred to multiple committees, 573 HR 5873, Family Leave Insurance Act, Stark (D-Cal), would establish trust to provide workers with 12 weeks of paid family leave to care for themselves or close relatives, introduced, overview, 612 HR 5882, Visa recapture bill, Lofgren (D-Cal), would allow recapture of authorized visa numbers that went unused between FY1992 and FY2007 due to bureaucratic delays, approved during immigration panel markup, 1094 HR 6025, 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, introduced, 673 HR 6039, Immigration, skilled labor, Lofgren (D-Cal), bipartisan bill would amend INA to allow green cards without long waits for highly skilled foreign graduates of U.S. universities, no numerical limitations, introduced, 727 HR 6049, Renewable Energy and Job Creation Act, Senate approves tax bill containing mental health parity language as in HR 6983 but different funding, reconciliation of measures, bipartisan support discussed, 1282 HR 6111, Employee Misclassification Prevention Act, Andrews (D-NJ), would amend FLSA, outlaw independent contractor misclassifications to avoid benefits payments, create harsher penalties, introduced, 726; IRS attorney reports on stepped-up enforcement of payroll tax compliance, 1228 HR 6143, PPA technical corrections bill, Andrews (D-NJ), Miller (D-Cal), includes asset smoothing provision, expands ERISA, would establish Emergency Retiree Health Loan Guarantee Board, introduced, referred to Ways and Means panel, 780 HR 6225, Improving SCRA and USERRA Protections Act, Sandlin (D-SD), would amend USERRA to allow injunctive relief, extend Servicemembers Civil Relief Act protections, introduced, overview, 1094 HR 6382, PPA technical corrections bill, Rangel (D-NY), Miller (D-Cal), includes asset smoothing clarification provision, House passes, amendments overview, 1010 HR 6630, Cross-border trucking bill, would ensure that the one-year Mexican truck pilot program DOT established under NAFTA ends on schedule, transportation panel approves, 1095; House approves, Bush threatens veto, 1227 HR 6633, Employee Verification Amendment Act, Giffords (D-Ariz), would extend DHS's voluntary E-Verify program 5 years, ensure reimbursement of SSA for use of resources, approved in House, 1094 HR 6660, Prohibiting the Department of Labor's Secret Rule Act, Miller (D-Cal), would prevent DOL from proceeding with rule altering methods used to measure workplace exposures to toxic substances, hazardous chemicals, introduced, 1095 HR 6861, Child Labor Safety Act, Braley (D-Iowa), would hike criminal, civil penalties, impose jail sentences for first offenses, introduced, 1257 HR 6867, Unemployment Compensation Extension Act, Rangel (D-NY), McDermott (D-Wash), $6B measure would extend unemployment benefits for up to seven additional weeks, introduced, 1256; House passes, Senate may take up bill in Nov., 1343 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, reconciliation with HR 6049, bipartisan support discussed, 1282 HR 7110, Job Creation and Unemployment Relief Act, would provide for transportation infrastructure improvements, extend UI benefits by 7 to 13 weeks, part of larger economic stimulus package, House approves, Bush threatens veto, 1320 HR 7233, Family and Medical Leave Enhancement Act, Maloney (D-NY), would expand FMLA coverage to small businesses, allow employees at companies with more than 25 employees to take unpaid leave, introduced, 1381
SConRes 70, FY2009 budget resolution amended to address English-only rules, Senate clears GOP-sponsored measure shifting funds used to sue employers to program teaching English, civics to immigrants, 413
S 358, Genetic Information Nondiscrimination Act (GINA), Kennedy (D-Mass), Snowe (R-Maine), Senate version of HR 493, would amend ERISA to preclude bias by group health plans and health insurance issuers, bar insurers from requiring genetic tests, House approves bill, Bush to sign, 611; enacted, 726; employer advocates wary of new law's potential effects, attorneys offer analysis, 728 S 558, Mental Health Parity Act (MHPA), bipartisan bill would require businesses with over 50 workers to provide mental health coverage equal to other health insurance benefits, business groups favor over more costly House measure, bill compared with House-passed Wellstone bill that includes provisions banning genetic bias, Bush SAP reviewed, 347; lawmakers offer compromise of House, Senate bills, 413; bipartisan Senate group urges leadership to compromise on landmark legislation, 443; Kennedy (D-RI) praises parity compromise offered by Senators, says agreement likely, 478; House will present counteroffer to Senate proposal, 572; House and Senate reach accord on parity policy, funding remains open issue, 913 S 766, Paycheck Fairness Act, Clinton (D-NY), would help eliminate wage bias and pay disparities experienced by women in the workplace, strengthen penalties for EPA violations, increase DOL training and enforcement, bar retaliation, pending before HELP committee, House passage of companion bill HR 1338 discussed, 1094 S 1041, Employee Free Choice Act (EFCA), 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, Kennedy (D-Mass) tells UAW conferees that bill would help narrow growing income disparity, but passage must wait till after election due to GOP block, 194 S 1577, Patient Safety and Abuse Prevention Act, Kohl (D-Wis), background check bill would require long-term nursing facilities and providers to screen job applicants for disqualifying criminal history, finance panel approves, 1228 S 1782, Arbitration Fairness Act, Feingold (D-Wis), would make pre-dispute mandatory arbitration clauses in consumer, employment, and franchise agreements unenforceable, discussed, 1009 S 1843, Fair Pay Restoration Act, Kennedy (D-Mass), would amend several federal bias laws to specify that an unlawful employment practice occurs with each paycheck resulting from a discriminatory compensation decision, introduced to counter Justices' Ledbetter ruling, restore Congressional intent regarding time limitations for filing suit, panel debate overview, 161; Kennedy address urges colleagues to pass bill despite veto threat, overview, 543; vote falls four shy of clearance for floor debate, 572 S 1848, Trade and Globalization Adjustment Assistance Act, Baucus (D-Mont), Snowe (R-Maine), would expand TAA assistance to service workers and those whose jobs lost to countries that have not signed free trade agreements, Baucus says approval required before Senate will consider FTAs, 160; Commerce official Padilla says TAA, FTA bills could move at same time, 222 S 1881, Americans with Disabilities Restoration Act, companion bill to HR 3195, to restore original intent of ADA, status update, unintended consequences debated in House, 160; House labor, judiciary panels approve substitute bill, the ADA Amendments Act, House bills compared, contrasted, 852; House version approved, proceeds to Senate, bill overview, 899; status discussed in relation to House bill, 1009 S 2044, Independent Contractor Proper Classification Act, Kennedy (D-Mass), Obama (D-Ill), Durbin (D-Ill), and Murray (D-Wash) introduce measure to provide procedures to ensure proper classification of employees and independent contractors, IRS attorney reports on stepped-up enforcement of payroll tax compliance, 1228 S 2544, Emergency Unemployment Compensation Extension Act, would temporarily extend unemployment compensation for up to 33 weeks, provides extra $50 per week, Kennedy (D-Mass) introduces, 126 S 2554, Civil Rights Act of 2008, Kennedy (D-Mass), omnibus bill would overturn or modify several Supreme Court decisions, allow state employees to sue for damages for age bias, overtime violations, curtail use of mandatory arbitration clauses in individual contracts, eliminate damages cap in Title VII cases, introduced, 161 S 2739, Natural resources authorization bill, included legislation to extend U.S. immigration laws to Northern Mariana Islands, enacted, 636 S 2744, Workforce Innovation in Regional Economic Development (WIRED) Act, Voinovich (R-Ohio), amends WIA, would give states and regions greater flexibility in use of federal workforce development dollars, introduced, overview, 414 S 2795, Small Business Health Options Program, Durbin (D-Ill), Snowe (R-Maine), bipartisan bill would, in part, allow risk pooling by small businesses to lower employee premiums, introduced, 508 S 2891, Teaching and Research Assistant Collective Bargaining Rights Act, Kennedy (D-Mass), would amend NLRA to allow workers at private colleges and universities to vote on union representation, bargain, would effectively overturn NLRB's 2004 Brown University ruling, introduced, 572 S 2945, Fair Pay Act, Voinovich (R-Ohio), would amend Title VII to clarify that the time limit for filing pay bias claims begin to run on date the employee knew or should have known of the discrimination, introduced, Ledbetter challenge discussed, 672 S 3023, Veterans' Benefits Improvement Act, amends USERRA complaint process, expands DOL reporting rules to improve enforcement, enacted, 1380 S 3083, Trade Reform, Accountability, Development, and Employment (TRADE) Act, Brown (D-Ohio), Dorgan (D-ND), would require proposed trade agreements to include various labor protections, introduced, 779 S 3209, Title VII Fairness Act, Bailey Hutchinson (R-Texas), Enzi (R-Wyo), would extend time limit for filing job bias claims where employees cannot reasonably be expected to know of discrimination against them, introduced, alternative bill to failed S 1843 counteracting Ledbetter ruling, 942 S 3261, DOT budget, FY2009, Senate finance panel approves $66.8B, but funding to implement Mexican truck program again rejected, 1009; discussed, 1227 S 3335, Jobs, Energy, Families, and Disaster Relief Act, tax and energy bill, House and Senate mental health parity compromise bill added, but cloture vote fails, parity path unclear, 1063 S 3406, ADA Amendments Act (ADAAA), Harkin (D-Iowa), would amend ADA, nullify Supreme Court decisions restricting coverage, House passes, enactment expected, impact discussed, 1241; ABA panelists discuss bill, forecast more bias suits as economy worsens, 1263; enacted, effects discussed, 1282 S 3414, Visa Efficiency and E-Verify Extension Act, Menendez (D-NJ), would extend E-Verify program by 5 years, recapture unused visas, mirrors HR 5882, introduced, 1094 S 3432, Servicemembers Access to Justice Act, Casey (D-Pa), Kennedy (D-Mass), Obama (D-Ill), allows equitable relief to ensure job security for returning veterans, mirrors USERRA language in HR 6225, introduced, 1094 S 3554, Affordable Coverage for Small Employers Act, Smith (R-Ore), Lieberman (I-Conn), cost-pooling plan would give small business owners more options for providing employee health care, introduced, 1343 S 3566, workplace risk assessment, Murray (D-Wash), would prevent DOL from proceeding with proposed secret rule on exposures to toxic substances, hazardous chemicals, introduced, 1343 S 3606, Religious Worker Visa Extension Act, Hatch (R-Utah), would extend Non-Minister Religious Worker Visa Program until March, 2009, approved without debate, discussed in relation to HR 5570, 1320; enacted, 1381 S 3628, Workplace Religious Freedom Act, Kerry (D-Mass), would amend Title VII to establish accommodation provisions, definitions, introduced, 1406 S 3648, Employee Misclassification Prevention Act, Kennedy (D-Mass), would amend FLSA, outlaw independent contractor misclassifications to avoid benefits payments, create harsher penalties, introduced, 1381
Ordinances
See specific states
Fresh Fruit & Vegetable Workers Local 1096, one-month reinstatement period after 14-year lockout no ULP (9th Cir.), 1189
Ralphs, UFCW locals entitled to some data on grocery's fraudulent rehiring during 2003-2004 lockout, but not hiring audit (NLRB), 294
Local 142, card check recognition, Hawaii governor vetoes option for agriculture, small business workers, lawmakers consider override, 550
Port of Seattle, vested retiree benefits conferred in ILWU pact are deferred compensation surviving expiration of pact (Wash.), 1404
Local 1588, no legal basis to bar picketing at terminal slated for shutdown, but protest at executive's home enjoined (D.N.J.), 1002
State actions summary, 102; 229; 384; 514; 1011; 1232
LMRDA fiduciary breach, SEIU representative who formed rival union must return salary, but award of campaign costs reversed (Cal. Ct. App.), 288
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