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INDEX
Nos. 190-225
Oct. 1 - Nov. 28, 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

    CABLE AND SATELLITE SERVICES
      – Comcast, stock drop ERISA fiduciary breach, proposed class action advances (E.D. Pa.), 213:A–3 (11/4/08)
    CALIFORNIA
      – Breaks, meal and rest
        – – Off-the-clock work, restaurant workers' class certification vacated where individual issues predominate, review granted (Cal.), In Brief, 206:A–12 (10/24/08)
        – – Oracle settles FLSA, Cal. class suits for $1.2M, preliminarily approved (N.D. Cal.), 209:A–10 (10/29/08)
      – Budget
        – – Deficit deepens, governor proposes stimulus package, labor law changes to “stop the bleeding,” 216:A–7 (11/7/08)
        – – State employee pay cuts during budget impasse, peace officers say budget enactment moots governor's enforcement suit, move to dismiss (E.D. Cal.), 190:A–11 (10/1/08); claim involving internal state dispute dismissed for lack of federal question jurisdiction, highlights reviewed (E.D. Cal.), 227:A–5 (11/25/08)
      – Disability firing, FEHA, bid for new trial rejected, $1.2M award upheld for flight attendant regarded as disabled (N.D. Cal.), 220:A–5 (11/14/08)
      – Farmworkers
        – – Entitled to pay for time spent waiting for ice to melt on crops (D. Ariz.), 197:A–14 (10/10/08)
        – – Secret-ballot election bill vetoed, 191:A–7 (10/2/08)
      – Health care, San Francisco fair share ordinance not governed by or related to ERISA, no preemption (9th Cir.), 190:AA–1 (10/1/08); text, 190:E–1 (10/1/08); DOL, industry groups seek en banc review, briefs filed (9th Cir.), 214:A–4 (11/5/08)
      – Independent contractors
        – – Classification of at-home computer and software consultants target of agency scrutiny, 220:A–5 (11/14/08)
        – – Misclassifications to dodge taxes, AG sues 3 trucking firms (Cal. Super. Ct.), 209:A–5 (10/29/08)
      – Limitations, race bias, pursuit of non-mandatory internal administrative remedies justifies equitable tolling of FEHA 1-year filing window (Cal.), 213:A–6 (11/4/08)
      – Living wage
        – – LAX Hilton loses bid to halt pay rate for airport hotel workers (C.D. Cal.), 193:A–6 (10/6/08)
        – – San Diego Council extends, strengthens city ordinance, overview, 205:A–3 (10/23/08)
      – Medical marijuana bias bill vetoed, 191:A–7 (10/2/08)
      – Overtime
        – – Exemption enacted for salaried computer professionals, 191:A–7 (10/2/08)
        – – Oracle settles FLSA, Cal. class suits for $1.2M, preliminarily approved (N.D. Cal.), 209:A–10 (10/29/08)
      – Prison guard union drops recall campaign against governor, In Brief, 202:A–9 (10/20/08)
      – Railroads, Bay Area high-speed line would add 48,000 construction jobs, bond issue discussed, 194:A–2 (10/7/08)
      – Retaliation, FEHA, Los Angeles city attorney's $1.5M award overturned where city's evidence plausible, pretext claim unsupported (Cal. Ct. App.), 222:A–4 (11/18/08)
      – Secondary boycotts, handbilling ban unlawful, shopping mall public forum, speech ban based on content improper (U.S., rev den), 194:B–3 (10/7/08)
      – Wage bias, paycheck rule bill vetoed, 191:A–7 (10/2/08)
      – Whistleblower protections enacted for local government employees, 191:A–7 (10/2/08)
      – Workers' compensation, state labor code guarantees additional benefits for overtime work performed in-state by nonresidents (9th Cir.), 218:AA–1 (11/12/08); text, 218:E–6 (11/12/08)
    CANADA
      – Collective bargaining, average base-rate annual wage increases, HRSD Canada reports, Aug., 2008, 200:A–7 (10/16/08); Sept., 2008, 208:A–3 (10/28/08); third quarter, 2008, 221:A–7 (11/17/08)
      – Daimler Trucks NA, plant closings, layoffs announced for Ontario, 203:A–5 (10/21/08)
      – NAFTA
      – Procurement preferences, Buy Canadian laws, content policies no violation of NAFTA, WTO rules, 219:A–8 (11/13/08)
      – Statistics Canada reports, employment and unemployment rates, Sept., 2008, 198:A–4 (10/14/08); Oct., 2008, 217:A–10 (11/10/08)
      – Wal-Mart Canada closes Gatineau, Quebec tire department over wage hike in UFCW Canada pact, 202:A–7 (10/20/08)
    CARD CHECKS
    CARPENTERS (UBC)
      – Chicago Reg. Council, Ill. law claim that Mich. subcontractor misclassified 2 as independent contractors named wrong plaintiff, dismissed with leave to amend (N.D. Ill.), 212:A–9 (11/3/08)
      – CTW activities
    CASH BALANCE PLANS
      – ERISA, age bias
        – – Quebecor World (USA), plan valid, declining rate of accrual due to time value of money (U.S., rev den), 194:B–7 (10/7/08)
        – – S.C. Johnson & Sons, claims based on market rate of return unripe, but challenge to use of whipsaw calculations for lump sum distributions advances (E.D. Wis.), 223:A–3 (11/19/08)
    CASINOS
      – Foxwoods Resort Casino, owners, UAW agree to explore bargaining under tribal law for dealers pact, 198:A–10 (10/14/08); accord struck for negotiations under tribal law, 212:AA–1 (11/3/08)
      – Wynn Las Vegas, dealers lacked standing to file tip-pooling challenge, administrative remedy adequate (Nev.), 204:A–1 (10/22/08)
    CHAMBER OF COMMERCE, U.S.
      – Employee Free Choice Act (EFCA), white papers issued refuting unions' arguments in favor of passage, 228:A–8 (11/26/08)
      – Jobless rate of 7.5 percent expected by mid-2009, Chamber would consider UI extensions for states with “severe” rates, 216:AA–1 (11/7/08)
      – Labor policy, business, government, labor officials disagree on next administration's role in workplace regulation, conference report, 192:C–1 (10/3/08)
      – “Perfect storm” exists for changes in labor law, NLRB official, others speculate on reforms under new administration, 193:B–1 (10/6/08)
    CHANGE TO WIN (CTW)
      – Employee Free Choice Act (EFCA), health coverage top CTW goals, election role, legislative agenda discussed, 216:AA–1 (11/7/08)
    CHEMICAL INDUSTRY
      – DuPont, ERISA bars assignment, alienation of plan benefits, QDRO required to waive rights in divorce, plan document rule examined (U.S., oral arg), 195:AA–1 (10/8/08); supplemental briefings sought on plan document rule (U.S., brief sought), 210:A–3 (10/30/08)
      – EG&G Defense Materials, environmental whistleblower's firing claim rejected, reports on chemical leak misled investigators, endangered public (DOL ARB), 216:A–8 (11/7/08)
      – Workplace risk assessment
        See LEGISLATION, FEDERAL, S 3566
    CHILD CARE
      – Overtime, minimum wage, day care center instructors not subject to FLSA professional exemption, state regulations govern, Wage and Hour Op. Letter, 224:A–2 (11/20/08); text, 224:E–8 (11/20/08)
      – Political candidates should woo women voters with family-friendly policies, panel says, 191:A–9 (10/2/08)
    CHILD LABOR
      See also YOUTH EMPLOYMENT
      – China production industries, DOL seeks comments under FAR rule on forced or indentured child labor linked to federal contracts, 199:A–6 (10/15/08)
      – Grants, DOL awards $58M to combat, eliminate overseas violations, In Brief, 193:A–15 (10/6/08)
      – West Africa cocoa production, annual report shows intervention not reaching majority, Harkin-Engel Protocol discussed, 197:A–3 (10/10/08)
    CHINA
      – Global Competitiveness Report, 2008, China advances, financial crisis effects on ranking discussed, 196:A–10 (10/9/08)
      – Production industries, DOL seeks comments under FAR rule on forced or indentured child labor linked to federal contracts, 199:A–6 (10/15/08)
      – Wal-Mart sets new quality, environmental safety standards for Chinese suppliers, 206:A–3 (10/24/08)
    CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)
      – E-Verify system
      – Permanent labor certifications, DOL rule limiting validity to 180 days not abuse of discretion, retroactive application lawful (N.D. Ill.), 217:A–5 (11/10/08)
      – Visa programs
    CIVIL RIGHTS COMMISSION, U.S.
      – Obama transition team names leaders to review labor, civil rights agencies, 221:A–12 (11/17/08); correction, 223:A–12 (11/19/08)
    CIVIL SERVICE REFORM ACT (CSRA)
      – Texas law governs union officer's libel claim against AFGE members, no preemption, remanded (5th Cir.), 193:A–2 (10/6/08)
    CLASS ACTIONS
      – ADEA, EPA, Dell, former HR managers file class action (N.D. Cal.), 211:A–1 (10/31/08)
      – Breaks, off-the-clock work, Brinker, class certification vacated where individual issues predominate, review granted (Cal.), In Brief, 206:A–12 (10/24/08)
      – ERISA
        – – AK Steel, class certified for spouses challenging cuts in survivor benefits (S.D. Ohio), 211:A–2 (10/31/08)
        – – Boeing, excessive fees to 401(k) service providers imprudent, certified (S.D. Ill.), 192:A–4 (10/3/08)
        – – Calpine, fiduciary breach, $4.2M settlement approved in stock drop suit (N.D. Cal.), 212:A–4 (11/3/08)
        – – Comcast, stock drop fiduciary breach, proposed class action advances (E.D. Pa.), 213:A–3 (11/4/08)
        – – Death benefit fund termination, unlawful transfer to ILGWU Heritage Fund settled by partial repayment (S.D.N.Y.), 223:A–9 (11/19/08)
        – – Hartford Fin. Servs. Group, class action alleges stock drop due to concealment of subprime mortgage losses (D. Conn.), 224:A–4 (11/20/08)
        – – Intl. Paper, excessive costs, fees to 401(k) service providers, certified (S.D. Ill.), 191:A–3 (10/2/08)
        – – Litigation, practitioners discuss future prospects based on past year's court developments, 218:C–1 (11/12/08); correction, 219:A–14 (11/13/08)
        – – R.J. Reynolds, divesting 401(k) plan of Nabisco stock imprudent, certified (M.D.N.C.), 191:A–4 (10/2/08)
        – – Schering-Plough, stock drop class certified (D.N.J.), 192:A–6 (10/3/08)
        – – Syncor, fiduciary breach, $4M settles stock drop suit for losses stemming from foreign bribery scheme (C.D. Cal.), 212:A–4 (11/3/08)
        – – UNUM Life Ins., checkbook withdrawals in place of lump-sum payments breaches fiduciary duty, beneficiaries' suit revived (1st Cir.), 218:A–2 (11/12/08)
      – ERISA, LMRA, parent firm cannot hike retirees' health care costs, vested along with benefits under pact (N.D. Ohio), 194:A–3 (10/7/08)
      – FLSA collective actions, waiver of opt-in requirement valid, opt-out class arbitration may proceed (U.S., rev den), 194:B–1 (10/7/08)
      – Mexico will pay $14.5M to settle wage claims of braceros employed as guestworkers on U.S. farms, railroads during W.W. II (N.D. Cal.), 200:A–1 (10/16/08)
      – Overtime
        – – Oracle, FLSA, Cal. class suits settled for $1.2M, preliminarily approved (N.D. Cal.), 209:A–10 (10/29/08)
        – – Wal-Mart Stores, opt-in collective action, 2 of 573 pharmacists can sue over effects of salary fluctuations (10th Cir.), 197:A–1 (10/10/08)
      – Race bias, Morgan Stanley, $14M settlement of financial advisors' class claims approved (N.D. Cal.), 206:A–7 (10/24/08)
      – Sex bias
        – – Pitt Ohio Express, hiring, $2.4M settles EEOC suit, preliminarily approved (N.D. Ohio), 212:A–1 (11/3/08)
        – – School employees' class certified alleging failure to recognize, bargain with 4 mostly-female unions violates Title VII (N.D. Ind.), 195:A–3 (10/8/08)
      – Sexual harassment, Minneapolis Star Tribune, $300K settles “male room” workers' claims (D. Minn.), 228:A–9 (11/26/08)
    CLINICS
    CLOTHES CHANGING
      – Portal-to-Portal Act, unions say DOL should drop proposal to align FLSA rules with court rulings, Special Report, 203:C–1 (10/21/08)
    COLAs
    COLLECTIVE BARGAINING
      – Labor law growing faster in federal than private sector, judge tells conferees, 226:A–2 (11/24/08)
      – Supreme Court labor docket, oral arguments pending in six cases as 2008-2009 term opens, 192:AA–1 (10/3/08)
    COLLECTIVE BARGAINING AGREEMENTS
      – Failure to read terms dooms fraud in the execution defense, employer liable for contributions (S.D. Ohio), 199:A–3 (10/15/08)
      – Native American casino owners, UAW agree to explore bargaining under tribal law for dealers pact, 198:A–10 (10/14/08); accord struck for negotiations under tribal law, 212:AA–1 (11/3/08)
    COLOMBIA
      – Emanuel rejects linking FTA to economic stimulus plan during lame-duck session, FTA development recapped, 218:A–5 (11/12/08)
    COLORADO
      – Affirmative action, ballot measure to end race, gender preferences heading for defeat, 216:A–5 (11/7/08); voters nix preferences ban, In Brief, 220:A–12 (11/14/08)
      – Politics
        – – Campaign contributions from public employee unions barred under constitutional amendment, overview, 215:C–1 (11/6/08)
        – – Labor groups drop 4 ballot measures in exchange for business opposition to 3 anti-union initiatives, 192:A–3 (10/3/08)
    COMMERCE DEPARTMENT (DOC)
      – Economic outlook, business cycle dating panel not expected to call recession between now and election, 195:A–10 (10/8/08)
    COMMUNICATIONS WORKERS (CWA)
      – IUE-CWA
      – Local 777, Qwest Comms. Intl., 13-state pact rejected, 191:A–6 (10/2/08); tentative pact attained, 199:A–8 (10/15/08); ratified, 217:A–12 (11/10/08); IBEW pact contrasted, 223:A–10 (11/19/08)
      – Local 9509, fair representation claim advances for member fired after management discovered name on sex offenders registry (S.D. Cal.), 229:A–1 (11/28/08)
    COMPENSATORY TIME
      – Portal-to-Portal Act, unions say DOL should drop proposal to align FLSA rules with court rulings, Special Report, 203:C–1 (10/21/08)
    COMPUTERS
      – Dell, ADEA, EPA, former HR managers file class action (N.D. Cal.), 211:A–1 (10/31/08)
      – Hewlett-Packard, national origin bias claim based on verbal abuse rejected where supervisor lacked authority for adverse action, cat's paw claim unsupported (7th Cir.), 217:A–7 (11/10/08)
      – Independent contractors, classification of at-home computer and software consultants target of Cal. agency scrutiny, 220:A–5 (11/14/08)
      – IT
      – Micro Solutions Ents. (MSE), FOIA, immigrant rights groups sue DHS, ICE for refusal to give information about alleged violations in raid (C.D. Cal.), 211:A–9 (10/31/08)
      – Networks
    CONFERENCES AND MEETINGS
      – Am. Enterprise Inst., economic policy panel discussion, 209:A–12 (10/29/08)
      – American Bar Association (ABA)
        – – Federal sector labor law, 226:A–2 (11/24/08)
        – – Financial crisis, ERISA risks, 206:A–9 (10/24/08)
        – – GINA, ADA, HIPAA, 194:C–1 (10/7/08)
        – – Labor safeguards in bankruptcy cases, 214:C–1 (11/5/08)
        – – NMB activity FY2008, FY2009, 211:A–12 (10/31/08)
        – – RLA, NLRA jurisdiction, rights distinguished, conference, 212:A–7 (11/3/08)
        – – 2008 Washington Health Care Summit, 226:A–5 (11/24/08)
        – – Wellness plans, GINA penalties, 211:A–5 (10/31/08)
      – American Law Institute (ALI)
        – – Financial crisis, ERISA risks, 206:A–9 (10/24/08)
        – – GINA, ADA, HIPAA, 194:C–1 (10/7/08)
        – – Labor safeguards in bankruptcy cases, 214:C–1 (11/5/08)
        – – NMB activity FY2008, FY2009, 211:A–12 (10/31/08)
        – – RLA, NLRA jurisdiction, rights distinguished, conference, 212:A–7 (11/3/08)
      – Benefits Forum & Expo, correction, 192:A–12 (10/3/08)
      – BNA
        – – Pensions, financial crisis, 223:A–4 (11/19/08)
        – – Tax and Accounting audioconference, 221:A–6 (11/17/08); 222:A–7 (11/18/08)
      – Calendar, 210:Z–1 (10/30/08); 229:Z–1 (11/28/08)
      – Cornell Law School, immigration forum, 224:A–6 (11/20/08)
      – District of Columbia Bar Association
        – – ADA Amendments Act, impact of passage, 215:A–1 (11/6/08)
        – – Intl. Dispute Resolution Committee meeting, 196:A–8 (10/9/08)
      – EEOC, Hispanic federal employment, 206:C–1 (10/24/08)
      – Franchise Tax Bd., Cal. Tax Policy conference, 220:A–5 (11/14/08)
      – Minnesota CLE, Labor and Employment Law Institute, 228:A–4 (11/26/08)
      – Multi-State Consortium for Working Families, teleconference, 191:A–9 (10/2/08)
      – Natl. Ass'n for Bus. Econ. (NABE), annual meeting, 194:A–10 (10/7/08)
      – Natl. Empl. Lawyers' Ass'n (NELA), conference, 204:B–1 (10/22/08)
      – New York Univ. Law School, labor law in the Obama administration, 228:C–1 (11/26/08)
      – Practising Law Institute (PLI)
        – – 37th Annual Institute of Employment Law, Webcast, 190:A–3 (10/1/08)
        – – Conference, immigration, 199:C–1 (10/15/08); 200:C–1 (10/16/08); 200:C–1 (10/16/08); 201:C–1 (10/17/08)
        – – ERISA litigation, past, prospective, 218:C–1 (11/12/08); correction, 219:A–14 (11/13/08)
      – Pregnancy Discrimination Act (PDA) symposium, 210:C–1 (10/30/08)
      – San Francisco Human Rights Comm'n hearing, 9/11 backlash, 197:A–5 (10/10/08)
      – State Bar of Cal., Taxation Section, Cal. Tax Policy conference, 220:A–5 (11/14/08)
      – U.S. Chamber of Commerce, conference, labor policy, 192:C–1 (10/3/08); 193:B–1 (10/6/08)
    CONFIDENTIALITY
      – Pensions, distress termination filing requirements, disclosure, PBGC releases final rule, 222:A–5 (11/18/08)
      – Privacy
    CONGRESS, U.S.
      – Election 2008 results, preview of 111th Congress, committees, 215:SplRpt (11/6/08) S–7
      – Emergency Economic Stabilization Act
        See LEGISLATION, FEDERAL, HR 3997, HR 1424
    CONGRESSIONAL RESEARCH SERVICE (CRS)
      – Real earnings, health insurance and pensions, distribution of earnings, 2007 report updated, 225:A–3 (11/21/08)
    CONNECTICUT
      – Age bias, statute of limitations on state law administrative complaint runs from last day worked, not from notice of firing as in federal rule, suit revived (Conn.), 208:A–5 (10/28/08)
      – Grants
        – – Financial sector job losses, governor urges Chao to approve $48.2M tri-state National Emergency Grant, 224:A–7 (11/20/08)
        – – Quebecor layoffs, ETA funds non-TAA services, In Brief, 200:A–8 (10/16/08)
    CONSPIRACY
      – Curacao Drydock, forced labor, $80M awarded to men sent by Cuban government to work at Caribbean shipyard (S.D. Fla.), 206:A–6 (10/24/08)
    CONSTITUTIONAL RIGHTS
    CONSTRUCTION INDUSTRY
      – ABC of San Diego, ERISA, NLRA, contractors' challenge to project stabilization pact rejected, community college district was market participant (C.D. Cal.), 213:A–4 (11/4/08)
      – Angelo Iafrate Constr., ADA, post-trial evidence of possible fraud on court by plaintiff's attorney triggers reversal of $1M jury award (6th Cir.), 204:A–2 (10/22/08)
      – Apprentices, DOL regulations dictate PPF program was joint employer for FMLA, WMLA coverage (W.D. Wash.), 229:A–8 (11/28/08)
      – Austin Maint. & Constr., mandatory arbitration, Open Door pact enforceable under Ga. law applies to bias, retaliation claims (11th Cir.), 197:AA–1 (10/10/08)
      – Cranes and derricks, OSHA releases proposed rule, operator certification at issue, 196:A–12 (10/9/08)
      – Davis-Bacon payroll reports, DOL proposes reducing personal data, 202:A–5 (10/20/08)
      – Geomatrix Servs., Davis-Bacon violations on Army base project, 2 prime, 4 subcontractors paid back wages, DOL announces, 218:A–6 (11/12/08); clarification, 221:A–14 (11/17/08)
      – Granite Rock, IBT International not party to pact, interference charge rejected, but dispute with local must be arbitrated (9th Cir.), 205:AA–1 (10/23/08); text, 205:E–1 (10/23/08)
      – Homeland Bldrs., fall hazards, OSHA proposes fines nearing $215K, 203:A–2 (10/21/08)
      – OSHA electrical installation rule clarified, In Brief, 212:A–11 (11/3/08)
      – Railroads, Cal., Bay Area high-speed line would add 48,000 construction jobs, bond issue discussed, 194:A–2 (10/7/08)
      – Spurlino Materials, anti-union animus, interim injunction to halt numerous ULPs upheld (7th Cir.), 196:A–1 (10/9/08); text, 196:E–1 (10/9/08)
    CONSTRUCTIVE DISCHARGE
      – Religious and sexual harassment, Christian male public school worker who quit due to co-workers' ribald humor failed to show bias, adverse action (D. Ore.), 218:A–1 (11/12/08)
    CONSULTANTS
      – DeWolff, Boberg & Assocs., ERISA fiduciary breach, 401(k) participant suing for losses to plan assets in individual account drops reinstated lawsuit (D.S.C.), 209:A–7 (10/29/08)
    CONSUMER CONFIDENCE
      – Conf. Bd. index, Sept., 2008, 190:A–3 (10/1/08); Oct., 2008, 209:A–9 (10/29/08); Nov., 2008, 228:A–9 (11/26/08)
    CONSUMER PRICE INDEX (CPI)
      – Monthly reports, BLS data, Sept., 2008, 201:D–4 (10/17/08); Oct., 2008, 224:D–1 (11/20/08)
    CONSUMER SPENDING
      – Goods and services, BLS survey for 2007, 228:A–1 (11/26/08)
      – Personal income, BEA reports
    CONTRACTING OUT
    CORRECTIONAL FACILITIES
      – Ala., Mobile County Jail, race bias, disparate treatment, suspension lawful, abuse of position sets claimant apart from comparators (U.S., rev den), 199:AA–1 (10/15/08)
      – Cal., prison guard union drops recall campaign against governor, In Brief, 202:A–9 (10/20/08)
      – Prisoner Opportunity, Work, and Education Requirement (POWER) Act
        See LEGISLATION, FEDERAL, S 3695
      – Volunteering, FLSA bars public employee from performing unpaid service for same public agency, Wage and Hour Op. Letter, 224:A–5 (11/20/08); text, 224:E–10 (11/20/08)
    COST-OF-LIVING ADJUSTMENTS (COLAs)
      – Dollar limitations on pension benefits, contributions, IRS issues COLAs, other adjustments for tax year 2009, 201:A–6 (10/17/08)
    CPI
    CRIMINAL ACTIVITIES
    CRS
    CSRA
    CUBA
      – Forced labor conspiracy, $80M awarded to men sent by Cuban government to work at Curacao shipyard (S.D. Fla.), 206:A–6 (10/24/08)
    CWA

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