Daily Labor Report® Index-Summary

CALIFORNIA

– ARRA impact, job benefits applauded, San Francisco business roundtable, 32:A–6 (2/19/10)
– Cal/OSHA, scope of diacetyl regulation, 11:A–6 (1/20/10)
– Class arbitration waiver unconscionable, unenforceable (U.S., rev den), 6:AA–1 (1/12/10)
– Disability bias, wrongful discharge, ERISA preemption of state court claims (C.D. Cal.), 16:A–2 (1/27/10)
– FEHA

– – Age bias in hiring and referrals, television writers' class settlement (Cal. Super. Ct.), 14:A–13 (1/25/10)
– – Low-recovery cases, denial of attorneys fees, application of state civil procedure rule (Cal.), 9:AA–1 (1/15/10)
– – Race and sex bias, pattern and practice, award overturned for failure to exhaust administrative remedies (Cal. Ct. App.), 33:A–10 (2/22/10)
– – Racial harassment, retaliation, no pretext shown in Cal. tort, bias claims (N.D. Cal.), 29:A–4 (2/16/10)
– – Reverse race bias, award upheld for fire department captains disciplined following dog food incident (Cal. App. Ct.), 35:A–13 (2/24/10)

– Furloughs

– – Scientists funded outside state's general fund (Cal. Super. Ct.), 15:A–3 (1/26/10)
– – State workers paid from special funds, 1:A–7 (1/5/10)

– Holidays, paid, state government attorneys lose two (Cal. Super. Ct.), 24:A–4 (2/8/10)
– Home health care, Sacramento County, UHW pact approved, 22:A–16 (2/4/10)
– Job creation, governor on adoption of bills package, other reforms, 3:A–13 (1/7/10)
– “Kin care” requirement, no application to uncapped paid sick leave programs (Cal.), 32:AA–1 (2/19/10); text, 32:E–1 (2/19/10)
– Wage and hour

– – Diversity jurisdiction, corporate citizenship, “nerve center” test defines “principal place of business” (U.S., rvs and rem), 36:A–1 (2/25/10); text, 36:E–1 (2/25/10)
– – Extent of violations against low-pay workers in Los Angeles, UCLA report, 5:A–6 (1/11/10)
– – Oakland police, FLSA, overtime settlement (N.D. Cal.), 33:A–13 (2/22/10)

CALIFORNIA NURSES (CNA)

– Cal. Pacific Med. Ctr., ULPs, unilateral changes in health coverage without bargaining (NLRB), 25:A–1 (2/9/10)

CANADA

– Collective bargaining

– – Average base-rate annual wage increases, HRSD Canada reports, Nov., 2009, 10:A–9 (1/19/10); Dec., 2009, 30:A–4 (2/17/10)
– – 2010 forecast, Conference Board of Canada, 20:A–3 (2/2/10)

– Government procurement, ARRA Buy American provisions, U.S., Canada reach tentative trade relief pact, 25:A–4 (2/9/10); signed, 29:A–13 (2/16/10)
– Statistics Canada reports

– – Employment and unemployment rates, Dec., 2009, 5:A–8 (1/11/10); Jan., 2010, 25:A–1 (2/9/10)
– – Wages, average weekly pay, Nov., 2009, 18:A–7 (1/29/10); Dec., 2009, 37:A–8 (2/26/10)

CARD CHECKS

See RECOGNITION OF UNIONS

CARPENTERS (UBC)

– Chicago trade shows and conventions industry, labor reform proposals, 8:A–6 (1/14/10)
– Mich. Reg. Council, kickbacks, pension funds manager's guilty plea (E.D. Mich.), 13:A–21 (1/22/10)

CASH BALANCE PLANS

– ERISA

– – Anti-cutback, defective summary plan description, reasonable reliance rule (C.D. Cal.), 20:A–4 (2/2/10)
– – “Normal retirement age” defined by years of vested service rather than specific age (U.S., rev den), 34:C–2 (2/23/10)

CASINOS

– Foxwoods Resort Casino, dealers, Mashantucket Pequot Gaming Enterprise, UAW tentative pact under tribal law, 16:AA–1 (1/27/10); ratified, 20:A–7 (2/2/10)
– Meadows Casino, UNITE HERE, first contract ratified, 25:A–8 (2/9/10)
– Trump Marina, ULPs, restrictions on employee speech to media, unlawful interrogation (NLRB), 2:A–8 (1/6/10)

CHAMBER OF COMMERCE, U.S.

– Captive-audience meetings, Ore. ban modified, 1st Amend., NLRA challenge pending (D. Ore.), 30:A–13 (2/17/10)
– Consumer poll, voter opposition to proposed card check law, 20:A–9 (2/2/10)
– Job creation

– – Call to action, annual State of American Business address, 7:A–9 (1/13/10)
– – Exclusion of Buy American provisions from Senate bill, 17:A–12 (1/28/10)
– – Fears of Buy American problems realized, report, 31:A–6 (2/18/10)

– Organizing, shareholder activism, use of corporate campaigns, panel discussion, 10:A–5 (1/19/10)

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD (CSB)

– Budget, FY2011 proposal, 20:AA–4 (2/2/10)
– Purged gas, outdoor venting, urgent recommendations, 24:A–6 (2/8/10)
– Transparency, voting records and board orders on website, 11:A–6 (1/20/10)

CHEMICALS INDUSTRY

– BASF, campaign finance violations, duty to collect payroll contributions for union PAC, FEC deadlock, 11:A–10 (1/20/10)

CHILD CARE

– Family-friendly workplaces, Michele Obama on need, 9:A–7 (1/15/10)

CHILD LABOR

– DOL ongoing Cal. initiative, 17:A–7 (1/28/10)
– Enhanced Penalty Program (CLEPP), new injury categories under FLSA amendment, DOL guidelines, 20:A–9 (2/2/10)
– Grocery chain, teen workers, hazardous activities violations, DOL citations, 17:A–7 (1/28/10)
– Lists of goods produced, actions and initiatives to combat, ILAB seeks updated information, 35:A–12 (2/24/10)
– 2010 Labor Outlook, 10:SplRpt (1/19/10) S–20

CHINA

– Household registration impediment to labor mobility, 2010 OECD Economic Survey, 22:A–8 (2/4/10)

CITATIONS

– Penalty

See PENALTIES

CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)

– DHS budget, FY2011 proposal, 20:AA–8 (2/2/10); correction, 21:A–17 (2/3/10)
– E-Verify program, evaluation survey, 3:A–14 (1/7/10)
– Haitian nationals, notice of temporary protected status (TPS), 12:A–18 (1/21/10)
– Realignment of offices, 9:A–12 (1/15/10)
– Visa program enforcement

See VISAS

CIVIL RIGHTS ACT OF 1871

– §1983, due process, state action by charter school designated as “public” (9th Cir.), 5:A–9 (1/11/10)

CIVIL RIGHTS COMMISSION, U.S.

– Budget, FY2011 proposal, 20:AA–8 (2/2/10); correction, 21:A–17 (2/3/10)

CLASS ACTIONS

– ADEA, law firm actions against partners working past age 70, EEOC suit (S.D.N.Y.), 19:A–1 (2/1/10)
– Antitrust, wage-fixing, “changed circumstances,” post-discovery bid for certification of injury, damages issues (N.D.N.Y.), 35:A–8 (2/24/10)
– Arbitration, class waiver unconscionable, unenforceable (U.S., rev den), 6:AA–1 (1/12/10)
– Breaks, certification under Rule 23, success on merits inquiry, abuse of discretion (9th Cir.), 4:A–1 (1/8/10)
– Clothes changing

– – Common pay policy for protective gear, conditional certification (E.D. Ark.), 2:A–2 (1/6/10)
– – Travel time, showering, zinc processor's FLSA settlement (W.D. Pa.), 7:A–6 (1/13/10)

– ERISA, fiduciary breach

– – Fair market value, final approval of ESOP class settlement (S.D. Fla.), 3:A–1 (1/7/10)
– – Pleading, switch to direct action theory after class certification denied, waiver (S.D. Ill.), 29:AA–1 (2/16/10)
– – Receipt of revenue sharing payments from 401(k) mutual funds, class settlement (D. Conn.), 30:A–2 (2/17/10)
– – Retiree health benefits cuts, cash reimbursement and HRA credit subsidy (N.D. Ohio), 22:A–5 (2/4/10)
– – Spinoff, 401(k) stock divestiture, bid for decertification under LaRue (M.D.N.C.), 8:A–3 (1/14/10)
– – Stock drop, presumption of prudence, dismissal of 401(k) suit (S.D.N.Y.), 30:A–8 (2/17/10)

– ERISA, LMRA, retiree health benefits cuts, bid for punitive damages, denial of jury trial (E.D. Mich.), 33:A–2 (2/22/10)
– Litigation, 2009, annual workplace report, Seyfarth Shaw, 8:A–1 (1/14/10)
– Overtime

– – Dual actions, incompatibility of Rule 23 opt-out and FLSA opt-in, DOL brief (3d Cir.), 15:A–1 (1/26/10)
– – Health care registry's “independent contractors” not similarly situated, certification denied (E.D. Pa.), 27:A–1 (2/11/10)
– – Retail, assistant store managers multidistrict claims, global settlement (D.N.J.), 19:A–1 (2/1/10)

– Paycheck Fairness Act

See LEGISLATION, FEDERAL, HR 12, S 182

– Race bias, air carrier hiring, training, promotions, assignments (E.D. Pa.), 5:A–2 (1/11/10)
– Racial harassment, failure to prevent or correct, settlement of EEOC class suit (C.D. Cal.), 32:A–1 (2/19/10)
– Securities fraud, Enron settlement distributions (S.D. Texas), 36:A–14 (2/25/10)
– Sex bias

– – Pay, classwide punitive damages as barrier to certification under Title VII (W.D.N.C.), 16:A–4 (1/27/10)
– – Running test component of physical fitness requirement, class certification (D. Conn.), 9:A–8 (1/15/10)

– Sexual harassment, prevailing party's recovery of attorneys' fees from EEOC (N.D. Iowa), 29:A–1 (2/16/10)
– Wage fixing, would-be representative's motion to intervene too late to salvage class status (W.D. Tenn.), 4:A–9 (1/8/10)
– WARN Act

– – Technology firm, settlement proposed (Bankr. D. Del.), 34:A–7 (2/23/10)
– – Wage violations, trucking firm (N.D. Okla.), 2:A–7 (1/6/10)

CLASSIFIED ADVERTISING

– Employment ads

See HELP-WANTED ADVERTISEMENTS

CLIMATE CHANGE

– Green jobs

See GREEN JOBS

CLOTHES CHANGING

– Assistant store managers, multidistrict claims, global settlement (D.N.J.), 19:A–1 (2/1/10)
– Poultry workers

– – Common pay policy for protective gear, conditional class certification (E.D. Ark.), 2:A–2 (1/6/10)
– – Overtime, work-related gear, FLSA settlement (W.D. Ark.), 20:A–7 (2/2/10)

– Protective gear

– – Custom or practice pay exclusion where pacts silent (5th Cir.), 7:A–1 (1/13/10)
– – Travel time, showering, FLSA class settlement (W.D. Pa.), 7:A–6 (1/13/10)

CNA

See CALIFORNIA NURSES (CNA)

CNA/NNOC

See NATIONAL NURSES ORGANIZING COMMITTEE (CNA/NNOC)

COAL MINING

– MSHA

See MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

COBRA

See CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)

COLLECTIVE BARGAINING

– Ed. Note: This heading covers bargaining process issues. For contracts reached through negotiations, see specific union names and industries.
– Chicago trade shows and conventions industry, Ill. labor reform proposals, 8:A–6 (1/14/10)
– Employee Free Choice Act (EFCA)

See LEGISLATION, FEDERAL, HR 1409, S 560

– Firefighter pensions, substantive due process, collectively bargained benefit cuts (2d Cir.), 8:AA–1 (1/14/10)
– NLRB, separation of general counsel and board functions, FLRA certification of consolidated unit (D.C. Cir.), 13:A–14 (1/22/10)
– Public employees, state labor law innovations facilitate unionization, 4:C–1 (1/8/10)
– Shareholder activism, unions use of corporate campaigns, Chamber panel discussion, 10:A–5 (1/19/10)
– 2010 Labor Outlook, 10:SplRpt (1/19/10) S–37

COLLECTIVE BARGAINING AGREEMENTS

– Tortious interference with contract, scope of NLRA §301, arbitrability of claims (U.S., oral arg), 11:AA–1 (1/20/10)
– 2010 Labor Outlook, 10:SplRpt (1/19/10) S–42

COLORADO

– Weld County, promotions, rejection of sex and disability bias, retaliation claims (10th Cir.), 26:AA–1 (2/10/10)

COMMUNICATIONS WORKERS (CWA)

– AT&T

– – Decertification election due to deficient Dana notice, recognition and contract bar rejected (NLRB Reg. Dir.), 24:A–10 (2/8/10)
– – Yellow pages workers reject pact, 23:A–4 (2/5/10)

– Distr. 3, AT&T Southeast, tentative pact rejected, 24:A–11 (2/8/10); revised tentative accord, 26:A–9 (2/10/10)
– IUE-CWA

See INDUSTRIAL DIVISION (IUE-CWA)

– Local 1400, FairPoint Comms., tentative pact, 22:A–15 (2/4/10)
– Local 86823, embezzlement, guilty plea (E.D. Mo.), 3:A–10 (1/7/10)

COMPENSATION

See WAGES AND SALARIES
– Overtime

See OVERTIME

– Unemployment

See UNEMPLOYMENT INSURANCE

COMPUTERS

– IT

See INFORMATION NETWORKS AND TECHNOLOGY

– Networks

See INFORMATION NETWORKS AND TECHNOLOGY

– PC Connections, sex bias, job denial “because of sex” or due to transsexual's lies on pre- and post- surgery job applications (D.N.H.), 18:A–8 (1/29/10)

CONFERENCES AND MEETINGS

– Am. Bar Ass'n, 32:A–2 (2/19/10); 33:A–4 (2/22/10); 34:A–4 (2/23/10)
– Calendar, 18:Z–1 (1/29/10)
– Cornell Univ., NLRB, 10:A–3 (1/19/10)
– Labor and Employment Relations Association

– – ADR, avoidance of litigation, 5:A–7 (1/11/10)
– – Airline Industry Council Meeting, 1:B–1 (1/5/10); 1:B–1 (1/5/10)
– – Automobile Industry Council Meeting, 2:B–2 (1/6/10)
– – Green economy, job creation, 2:B–1 (1/6/10)
– – Union and Labor Law Innovations, 4:C–1 (1/8/10)

– Los Angeles Benefits Conference, 13:A–8 (1/22/10)
– Natl. Acad. of Social Insurance, 13:A–9 (1/22/10); 15:A–6 (1/26/10)
– Natl. Ass'n of State Workforce Agencies (NASWA), 32:C–1 (2/19/10); 32:C–2 (2/19/10); 32:C–2 (2/19/10)

CONFLICTS OF INTEREST

– ERISA, limits of discovery expansion under Glenn (D.N.J.), 17:A–8 (1/28/10)

CONGRESS, U.S.

– Ed. Note: For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned bill numbers, see relevant subject headings.
– Job creation, innovation, House Democrats' annual issues conference, 8:A–7 (1/14/10)
– Latino voters' pivotal role in 2010 Congressional races, 25:A–9 (2/9/10)
– Mass., Brown GOP upset win in Senate race, immigration reform effects, 12:A–13 (1/21/10); victory speech, health reform views, 12:A–11 (1/21/10); health care legislation effects, 12:A–17 (1/21/10)
– 2010 Labor Outlook, 10:SplRpt (1/19/10) S–5

CONGRESSIONAL RESEARCH SERVICE (CRS)

– Federal regulations, notification lapses since 1999, legal effect, report, 2:A–6 (1/6/10)
– H-2A visa program, impact of agricultural guest workers on domestic workforce, report, 1:A–4 (1/5/10)

CONGRESSIONAL REVIEW ACT

– “Major” federal regulations, notification lapses since 1999, legal effect, CRS report, 2:A–6 (1/6/10)

CONNECTICUT

– Corrections Dept., sex bias, running test component of physical fitness requirement, class certification (D. Conn.), 9:A–8 (1/15/10)
– Job Corps, race and age bias, promotion followed by immediate demotion (D. Conn.), 29:A–9 (2/16/10)
– Privacy, secret GPS tracking of city fire inspectors, remedies, statutory authority for private enforcement (Conn.), 7:AA–1 (1/13/10); text, 7:E–1 (1/13/10)
– Waterbury, firefighter pensions, due process, collectively bargained benefit cuts (2d Cir.), 8:AA–1 (1/14/10)

CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)

– Appeals from subsidy denials, DOL posts updated form, 31:A–9 (2/18/10)
– Cancellation of policy prior to termination, notice requirement for loss of coverage only (S.D. Ill.), 27:A–3 (2/11/10)
– Congressional extension

– – House bill

See LEGISLATION, FEDERAL, HR 4691

– – Senate bill pending, 36:A–15 (2/25/10)

– Continuation coverage, timely resolution of expedited appeals, 22:A–5 (2/4/10)
– Expiration of subsidy absent Congressional extension, 31:A–12 (2/18/10)
– Extended premium subsidies, FY2011 budget request, 21:A–6 (2/3/10)
– 15-month rule, IRS compliance project urged, 31:A–12 (2/18/10)
– Model notices, release of updates, 9:A–12 (1/15/10); DOL webcast, 13:A–22 (1/22/10)
– Premium subsidy reduction

– – Extension requires updated general notice from sponsors, 16:A–6 (1/27/10)
– – Factsheet, FAQs, DOL Web posting, 7:A–10 (1/13/10)

CONSPIRACY

– Antitrust, wage-fixing, nurses' post-discovery bid for class certification of injury, damages issues (N.D.N.Y.), 35:A–8 (2/24/10)

CONSTITUTIONAL RIGHTS

– Due process

See DUE PROCESS

– First Amendment

See FIRST AMENDMENT

– Fourth Amendment, privacy

See PRIVACY

– Free speech

See FREEDOM OF SPEECH

– State constitutions

See specific states

CONSTRUCTION INDUSTRY

– Affirmative action, call to OFCCP for revision of ineffective hiring rules, 25:A–12 (2/9/10)
– Allied Elec. Contractors, delinquent benefits contributions, liability for increased rate absent signature (7th Cir.), 5:A–6 (1/11/10)
– Brocon Petroleum, OSHA, failure to remit back wages to whistleblower, vehicle seizure, 3:A–6 (1/7/10); correction, 6:A–9 (1/12/10)
– C.A. Franc Constr., fall fatality due to willful OSHA violation, guilty plea (W.D. Pa.), 31:A–2 (2/18/10)
– Clean energy, weatherization expansion key to future green jobs, conference report, 2:B–1 (1/6/10)
– Fla., OSH Act preemption of Miami-Dade County crane ordinance, occupational vs. public safety (11th Cir.), 21:A–5 (2/3/10)
– Granite Rock, tortious interference with contract, scope of NLRA §301 (U.S., oral arg), 11:AA–1 (1/20/10)
– Hospitality Bldrs., fall fatality due to willful OSHA violation (W.D. Pa.), 31:A–2 (2/18/10)
– Interstate Scaffolding, workers' comp, obligation to continue paying benefits after discharge for unrelated conduct (Ill.), 17:A–10 (1/28/10)
– Jersey Constr., ERISA interference, fired mechanic, wife's chemotherapy costs (D.N.J.), 17:A–5 (1/28/10)
– L. Perrina Constr., trenching hazards in water mains installation, OSHA fines, 21:A–6 (2/3/10)
– McCarthy Constr., ULP, refusing union information request on possible alter ego (NLRB), 22:A–11 (2/4/10); text, 22:E–3 (2/4/10)
– New Jersey, prevailing wages

– – New laws, industry application, 11:A–8 (1/20/10)
– – Safety training, OSHA certification, final rule, 20:A–15 (2/2/10)

– Oldcastle SW Grp., sexual harassment, disparate treatment, settlement (D. Colo.), 36:A–13 (2/25/10)
– 2010 industry outlook, AGC survey, 12:A–8 (1/21/10)
– U.S. Rebar, N.Y., money laundering, union and funds not “crime victims” under restitution law (U.S., rev den), 34:C–3 (2/23/10)

CONSTRUCTIVE DISCHARGE

– ADEA, auto dealership, EEOC settlement (D. Colo.), 4:AA–1 (1/8/10)
– Mandatory arbitration, ADR denials not waiver, no bypass (D. Colo.), 35:A–1 (2/24/10)
– Sexual harassment

– – Franchisor as joint employer with franchisee (E.D. Pa.), 14:A–2 (1/25/10)
– – Quid pro quo, absence of tangible employment action (N.D. Ill.), 3:A–2 (1/7/10)

CONSUMER CONFIDENCE

– Conf. Bd. index, Jan., 2010, 16:A–15 (1/27/10); Feb., 2010, 35:A–2 (2/24/10)

CONSUMER PRICE INDEX (CPI)

– Monthly reports, BLS data, Dec., 2009, 10:D–1 (1/19/10); Jan., 2010, 33:D–1 (2/22/10)

CORPORATIONS

– Diversity jurisdiction, corporate citizenship, “nerve center” test defines “principal place of business” (U.S., rvs and rem), 36:A–1 (2/25/10); text, 36:E–1 (2/25/10)

CORRECTIONAL FACILITIES

– Conn. Dept. of Corr., sex bias, running test component of physical fitness requirement, class certification (D. Conn.), 9:A–8 (1/15/10)
– Iowa, ADEA, state officer with more experience repeatedly denied promotions (N.D. Iowa), 23:A–2 (2/5/10)
– La., inmate's private work for city officials, “employee” status under FLSA (5th Cir.), 21:A–3 (2/3/10)
– Mich., rap music complaint, lateral transfer as adverse action, timing of reassignment supports 1st Amend. claim (E.D. Mich.), 36:A–6 (2/25/10)

CPI

See CONSUMER PRICE INDEX (CPI)

CRANES AND DERRICKS

– OSH Act preemption of Fla. county crane ordinance, occupational vs. public safety (11th Cir.), 21:A–5 (2/3/10)

CREDIT REPORTS

– Ore., credit history checks, workplace ban, 35:A–20 (2/24/10)

CRIMINAL ACTIVITIES

– Assault

See VIOLENCE

– Embezzlement

See EMBEZZLEMENT

– Fraud

See FRAUD

– Identity theft

See IDENTITY THEFT

– N.Y., money laundering, union and funds not “crime victims” under restitution law (U.S., rev den), 34:C–3 (2/23/10)
– Operation Bottom Dollar, crackdown on scam artists preying on unemployed, 32:A–13 (2/19/10)
– Pensions, common law, slayer statute as bar to convicted killer's collection of surviving spouse benefits (D.N.J.), 13:A–11 (1/22/10)
– RICO

See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– ULPs

See UNFAIR LABOR PRACTICES (ULPs)

– Undocumented workers

See UNDOCUMENTED WORKERS

CSB

See CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD (CSB)

CWA (COMMUNICATIONS WORKERS)

See COMMUNICATIONS WORKERS (CWA)