Daily Labor Report® Index-Summary

– – Manufacturing index, composite (PMI), Sept., 2008, 191:A–2 (10/2/08); Oct., 2008, 213:A–8 (11/4/08)
– – Nonmanufacturing index, service sector, Sept., 2008, 193:A–13 (10/6/08); Oct., 2008, 215:A–2 (11/6/08)

– PPI

See PRODUCER PRICE INDEX (PPI)

– Retail sales report

See RETAIL INDUSTRY

– Spending

See CONSUMER SPENDING

– Stop the Greed on Wall Street Act

See LEGISLATION, FEDERAL, S 3693

ECONOMIC INDICATORS

– Blue Chip Economic Indicators survey, top analysts forecast deeper, longer recession, 218:A–7 (11/12/08)
– CPI-U and CPI-W

See CONSUMER PRICE INDEX (CPI)

– Leading index, Conf. Bd., Sept., 2008, 203:A–6 (10/21/08); Oct., 2008, 225:A–2 (11/21/08)

ECONOMIC OUTLOOK

– Cal. budget deficit deepens, governor proposes stimulus package, labor law changes to “stop the bleeding,” 216:A–7 (11/7/08)
– Deterioration followed tax rebates, slump likely to last into 2009, economists report, 190:D–1 (10/1/08)
– DOC business cycle dating panel not expected to call recession between now and election, 195:A–10 (10/8/08)
– Emergency Economic Stabilization Act

See LEGISLATION, FEDERAL, HR 3997, HR 1424

– Federal Reserve Board reports

– – Beige book surveys

See FEDERAL RESERVE BOARD (FRB)

– – Industrial production and capacity

See PRODUCTIVITY

– Financial crisis

– – Automakers hit hard, eye merger options, seek federal aid to resolve industry woes, Special Report, 214:B–1 (11/5/08)
– – Credit crunch begins to ease, but drop in consumer spending, job woes deepen gloom, economists comment, 212:D–1 (11/3/08)
– – ERISA litigation, legislative changes predicted, lawyers advise pension fiduciaries on risks in “perfect storm,” 206:A–9 (10/24/08)
– – Fourth Quarter 2008 Survey of Professional Forecasters predicts 14-month recession, jobs slump through mid-2009, 222:A–6 (11/18/08)
– – Global Competitiveness Report, 2008, U.S. retains top spot, China advances, crisis effects on ranking discussed, 196:A–10 (10/9/08)
– – Pensions

– – – Congress must fix failing retirement system, Miller (D-Cal) cites $2T in losses, House hearing testimony reviewed, 206:A–2 (10/24/08)
– – – Funding arrangements too sensitive to volatile financial markets, crisis addressed in ABC 10-step plan, 207:A–3 (10/27/08)
– – – PPA funding rules, business coalition seeks delay, temporary provisions from Congress, 212:A–3 (11/3/08)
– – – Public funds sufficiently diversified to weather unfolding crisis, NSARA, NCTR explain, 190:A–5 (10/1/08)
– – – Retirement security may be worst casualty of crisis, House labor panel told, 196:A–3 (10/9/08)

– – Politics, downturn elicits contrasting plans from Obama, McCain, economists share views, 209:A–12 (10/29/08)
– – Second bailout possible in face of rising joblessness, more financial woes, top economists urge regulation, corporate governance, 194:A–1 (10/7/08)
– – Staffing, pay, benefits, HR practices affected, surveyed employers say, 208:A–9 (10/28/08)
– – Stop the Greed on Wall Street Act

See LEGISLATION, FEDERAL, S 3693

– – Troubled Asset Relief Program (TARP), AFL-CIO counsel, others to serve on oversight panel, In Brief, 221:A–14 (11/17/08); Senate bill seeks executive compensation cap for TARP-aided firms, 228:A–4 (11/26/08)
– – Unemployment rates

– – – Forecasted to rise as high as 8.0 percent, In Brief, 205:A–10 (10/23/08)
– – – ILO head predicts 20 million more jobless workers worldwide, 203:A–2 (10/21/08)
– – – Infrastructure investment urged by many as quick job creator in second stimulus package, House hearing, 211:A–7 (10/31/08)
– – – N.Y. state comptroller hikes job loss estimate to 40,000, 192:A–11 (10/3/08); NYC comptroller doubles 2-year job loss forecast, 200:A–2 (10/16/08); state comptroller predicts as many as 225,000 jobs could be lost, 228:A–10 (11/26/08)
– – – UI benefits extension should be priority in Congressional recovery package, House panel told, 207:A–9 (10/27/08); lawmakers, witnesses urge additional extensions for second stimulus package, hearing overview, 210:A–1 (10/30/08)

– ILO Global Wage Report predicts worldwide decline, more wage disputes, 228:A–2 (11/26/08)
– Manufacturers Alliance (MAPI) quarterly forecast, 202:A–3 (10/20/08)
– Natl. Ass'n for Bus. Econ. (NABE) Industry Survey

– – Forecast grim as consumer demand falls, recession looms, 213:A–8 (11/4/08)
– – Fourth quarter standstill predicted, downturn if credit markets worsen, 195:A–5 (10/8/08)
– – Pessimism growing among economists, Nov. forecast, 221:A–9 (11/17/08)

– Working poor, 2006 census data show one-fourth of working families with children are low-income, report, 199:A–9 (10/15/08)

EDUCATION

– BLS job projections

– – Jobs requiring bachelor's degree or higher will grow 15 percent from 2006-2016, 203:A–10 (10/21/08)
– – Modified education and training requirements, comments sought, In Brief, 222:A–8 (11/18/08)

– Innovation, creativity interest employers but training programs scarce, NABE panelists say, 194:A–10 (10/7/08)
– Promoting Innovations to 21st Century Careers Act

See LEGISLATION, FEDERAL, S 3573

EDUCATION AMENDMENTS OF 1972 (TITLE IX)

– Retaliation, coaches who advocated gender equity fired, claim settled for $3.4M (M.D. Fla.), 208:A–3 (10/28/08)

EDUCATIONAL INSTITUTIONS

– Antelope Valley Comm. Coll. Distr., race bias, FEHA 1-year filing window subject to equitable tolling (Cal.), 213:A–6 (11/4/08)
– Bishop State Comm. Coll., termination letters sufficiently detailed on factual bases to satisfy Ala. notice rule, no wrongful termination (Ala. Civ. App.), 220:A–2 (11/14/08)
– Board of Educ. of N.Y., free speech, political button ban upheld, but campaign postings on teacher boards, mailboxes lawful (S.D.N.Y.), 206:A–5 (10/24/08)
– Brevard County Pub. Schs., FMLA claims revived for employee who failed to complete PIP during leave to care for granddaughter (11th Cir.), 192:A–1 (10/3/08)
– East Allen County Schs., sex bias, class certified alleging failure to recognize, bargain with 4 mostly-female unions violates Title VII (N.D. Ind.), 195:A–3 (10/8/08)
– Florida Gulf Coast Univ., Title IX retaliation, coaches who advocated gender equity fired, claim settled for $3.4M (M.D. Fla.), 208:A–3 (10/28/08)
– Hattiesburg Public Sch. Distr., race bias, EPA claims properly rejected, but award of attorneys' fees to employer was abuse of discretion (5th Cir.), 224:AA–1 (11/20/08); text, 224:E–1 (11/20/08)
– Lake Pend Oreille Sch. Dist., free speech, retaliation, whether safety complaint was part of job duties is jury issue, claim revived (9th Cir.), 201:AA–1 (10/17/08); text, 201:E–1 (10/17/08)
– Lake Ridge Acad., EPA retaliation, $950K settles claims of principal fired for voicing concerns over female teachers' unequal pay (N.D. Ohio), 221:A–2 (11/17/08)
– Marion County Sch. Distr., Christian male worker who quit due to co-workers' ribald humor failed to show bias, adverse action (D. Ore.), 218:A–1 (11/12/08)
– Monroe Comm. Coll., free speech, professor's claim that contract not renewed due to political views advances, but race, sex bias rejected (W.D.N.Y.), 220:A–8 (11/14/08)
– Rancho Santiago Comm. Coll. Distr., labor peace, ERISA, NLRA challenge to project stabilization pact rejected, community college district was market participant (C.D. Cal.), 213:A–4 (11/4/08)
– Univ. of Cal., patient care employees, tentative AFSCME pact set, 204:A–2 (10/22/08)
– Univ. of Phoenix, online school pays $1.9M to settle EEOC charges of religious bias against non-Mormon employees (D. Ariz.), 219:AA–1 (11/13/08)
– Univ. of Texas at Austin, faculty study shows gender gap in pay, promotions, representation, recommends fixes, 217:A–6 (11/10/08)

ELECTIONS

– Union officers and governance

See UNION INTERNAL ELECTIONS

– Union representation

See REPRESENTATION ELECTIONS

ELECTRICAL WORKERS (IBEW)

– Local 2, Gissel bargaining order adopted to remedy cable installer's numerous ULPs during IBEW organizing (NLRB), 193:A–8 (10/6/08); text, 193:E–27 (10/6/08)
– Local 15

– – Arbitration, NRC rule no bar to grievance over denial of site access, discharge based on psychological screening (N.D. Ill.), 195:A–2 (10/8/08)
– – Midwest Generation, 2001 IBEW lockout was ULP, $16.2M settlement approved (NLRB ALJ), 228:A–2 (11/26/08)

– Local 206, Qwest Comms. Intl., pact rejected, 191:A–6 (10/2/08); new pact ratified, 223:A–10 (11/19/08)
– Local 396, NV Energy, Las Vegas pact ratified, 198:A–8 (10/14/08)

ELECTRONIC WORKERS (IUE-CWA)

– GM, Moraine, Ohio plant, IUE-CWA closing accord includes VEBA, 203:A–6 (10/21/08); ratified, 207:A–12 (10/27/08)

ELECTRONICS INDUSTRY

– Future Elecs. GP, ADA, breast cancer survivor's firing claim advances, manager's remarks may prove pretext (S.D. Miss.), 205:A–1 (10/23/08)
– Hitachi, former HR manager who diverted funds to personal use arrested for health care fraud, embezzlement, money laundering (S.D.N.Y.), 220:A–8 (11/14/08)
– Motorola, restructuring, job cuts announced, In Brief, 213:A–11 (11/4/08)
– Raytheon, ERISA, retiree who breached waiver by suing for inclusion of severance pay in deferred compensation calculations must repay severance (N.D. Texas), 218:A–5 (11/12/08)

EMPLOYEE BENEFITS

– CRS reports

See CONGRESSIONAL RESEARCH SERVICE (CRS)

– ECI

See EMPLOYMENT COST INDEX (ECI)

– Health and wellness plans

See HEALTH INSURANCE

– Retirement plans

See PENSIONS

EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)

– Annuity provider proposal, ERISA Council expected to recommend simplification, elimination of independent expert requirement, 190:A–4 (10/1/08); final rules issued on fiduciary safe harbor, “safest available” annuity standard, 194:A–7 (10/7/08)
– City chamber of commerce not an employer under ERISA, state insurance law governs MEWA, EBSA Advisory Op., 195:A–5 (10/8/08)
– Cross-trading exemption, final rule released, In Brief, 195:A–11 (10/8/08)
– Eligible investment advice arrangement (EIAA), Senators say proposal violates PPA, DOL schedules hearing, 198:A–6 (10/14/08); DOL to complete proposal this year, hearing report, 205:A–5 (10/23/08)
– Filings, Form 5500 revised for 2008, advance copies available, In Brief, 229:A–10 (11/28/08)
– GINA rulemaking, agencies seek comments on provisions addressing employment-based health care, 197:A–13 (10/10/08)
– Plan assets, participant contributions rules listed in semiannual agenda, In Brief, 228:A–12 (11/26/08)
– Terminated or abandoned IAPs, distributions to missing non-spouse beneficiaries, class exemption amendment, final EBSA rules, 195:A–4 (10/8/08)
– Texas hurricane relief, filing deadlines postponed, In Brief, 193:A–15 (10/6/08)

EMPLOYEE POLYGRAPH PROTECTION ACT (EPPA)

– Mixed motive analysis shows bank worker's firing claim properly dismissed, but claims based on use or referral of results remanded (4th Cir.), 228:A–6 (11/26/08); text, 228:E–1 (11/26/08)

EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

– Syncor, ERISA, $4M settles stock drop suit for losses stemming from foreign bribery scheme (C.D. Cal.), 212:A–4 (11/3/08)

EMPLOYMENT AGREEMENTS

– Arbitration clauses

See MANDATORY ARBITRATION

EMPLOYMENT AND TRAINING ADMINISTRATION (ETA)

– DOL semiannual regulatory agenda highlights seniors, youth training, 227:A–8 (11/25/08)
– Green jobs

See ENVIRONMENT

– Innovation, creativity interest employers but training programs scarce, NABE panelists say, 194:A–10 (10/7/08)
– Job Corps transfer from ETA to Secretary's office improved practices, but more contracting reforms needed, OIG audit, 204:A–6 (10/22/08)
– 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)
– PPE, employer liability, per-employee citations, OSHA proposed rule draws industry opposition, labor support, 194:A–9 (10/7/08)
– Promoting Innovations to 21st Century Careers Act

See LEGISLATION, FEDERAL, S 3573

– TAA, states should continue programs despite funding delay, ETA says, In Brief, 207:A–13 (10/27/08)
– Unemployment insurance

– – Initial state UI claims filed, weekly data

See UNEMPLOYMENT RATES

– – Multistate wage claims, ETA issues final rule to prevent forum shopping, 206:A–12 (10/24/08)
– – State UI programs certified for tax credits under FUTA, In Brief, 218:A–9 (11/12/08)

EMPLOYMENT COST INDEX (ECI)

– BLS reports, third quarter, 2008, 212:D–12 (11/3/08)

EMPLOYMENT ELIGIBILITY VERIFICATION

– E-Verify

– – Compliance, conflicting state laws create problems for firms operating in more than one state, speakers explain, advise, 201:C–1 (10/17/08)
– – Extension, Consolidated Security, Disaster Assistance, and Continuing Appropriations Act

See LEGISLATION, FEDERAL, HR 2638

– – Federal contracts, final DOL rule amends FAR, mandates E-Verify use, 220:C–1 (11/14/08)
– – Mandatory use, expansion of “most effective” tool urged in Heritage Foundation report, 199:A–5 (10/15/08)
– – State and local laws, Legal Arizona Workers Act mandates use, voters defeat measure to loosen employer sanctions, 215:C–2 (11/6/08)
– – State of Immigration address, Chertoff says increased use, record enforcement in FY2008 slowing illegal influx, 207:A–12 (10/27/08)
– – USCIS seeks to enhance, expand system in FY2009, “year in review” briefing addresses performance, goals, 216:A–9 (11/7/08)
– – Visa Efficiency and E-Verify Extension Act

See LEGISLATION, FEDERAL, S 3414

– No-match letters

– – DHS issues supplemental final rule with no substantive changes, overview, 206:AA–1 (10/24/08); DHS seeks lift of court injunction after supplemental final rule published, 208:A–6 (10/28/08)
– – SSA wall not issue letters for tax year 2007 until Cal. litigation resolved, 207:A–11 (10/27/08)

ENERGY DEPARTMENT (DOE)

– Green jobs reports shows shift to renewable energy could generate hundreds of thousands of jobs, but investments required, 192:A–10 (10/3/08)

ENGINEERING

– Bechtel, ERISA, no fiduciary breach to extent sponsor paid investment fees on 401(k) plan (N.D. Cal.), 221:A–4 (11/17/08)

ENGINEERING EMPLOYEES IN AEROSPACE (SPEEA)

– Boeing, bargaining scheduled, 193:A–12 (10/6/08); talks underway as IAM strike continues, 208:A–10 (10/28/08); vote set on tentative pact, 209:AA–1 (10/29/08); Boeing CEO urges negotiators to focus on settling pact, 216:A–10 (11/7/08); progress reported on noneconomic issues, but not pay, 219:A–10 (11/13/08); tentative pact attained, ratification urged, 221:A–13 (11/17/08); pact highlights, engineers, technical workers to vote, 222:A–1 (11/18/08)

ENGRAVING AND PRINTING BUREAU (BEP)

– National origin, religious bias, Afghan employee fails to show harassment over origin or travel (D.D.C.), 191:A–1 (10/2/08)

ENTERTAINMENT INDUSTRY

– AFTRA

See TELEVISION AND RADIO ARTISTS (AFTRA)

– AMPTP

See MOTION PICTURE AND TELEVISION PRODUCERS (AMPTP)

– Dreamland Amusements, state court should rule on subpoenas in probe of N.Y. labor code violations against H-2B workers, remanded (S.D.N.Y.), 191:A–11 (10/2/08)
– DreamWorks, partnerships, programs fostering innovation, creativity discussed, 194:A–10 (10/7/08)
– SAG

See SCREEN ACTORS GUILD (SAG)

– Television

See BROADCASTING INDUSTRY

ENVIRONMENT

– Asbestos remediation

See ASBESTOS

– Chemical agent disposal, whistleblower's firing claim rejected, reports on leak misled investigators, endangered public (DOL ARB), 216:A–8 (11/7/08)
– Green jobs

– – Increased investment in energy sectors could spur millions of jobs, groups tell climate change panel, 205:A–7 (10/23/08)
– – Reports show shift to renewable energy could generate hundreds of thousands of jobs, but investments required, 192:A–10 (10/3/08)

– Wal-Mart sets new quality, environmental safety standards for Chinese suppliers, 206:A–3 (10/24/08)

EPA

See EQUAL PAY ACT (EPA)

EPPA

See EMPLOYEE POLYGRAPH PROTECTION ACT (EPPA)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)

– ADA Amendments Act, attorneys discuss application, impact of EEOC regulations, judicial interpretations, 215:A–1 (11/6/08)
– EEO-1 form, agency seeks to extend use of current version, In Brief, 192:A–12 (10/3/08)
– GINA implementing regulations top semiannual agenda, ADEA final rule expected, 227:A–6 (11/25/08)
– Hispanics underrepresented among federal employees, interagency report on challenges presented at meeting, 206:C–1 (10/24/08)
– Mediation program

– – Delaware signs on, In Brief, 226:A–10 (11/24/08)
– – New Mexico joins, In Brief, 214:A–10 (11/5/08)

– Performance, FY2008 charges hit record high, preliminary data show, 226:A–1 (11/24/08)
– Pregnancy bias, conferees examine state of PDA at 30-year mark, past and future legal issues, record high filings in FY2007, 10-year study, 210:C–1 (10/30/08)
– Race bias, EEOC weighs guidance on use of criminal records in employment decisions, possible disparate impact, 225:A–6 (11/21/08)
– Washington, D.C. headquarters, field office relocation set for Nov. 19, In Brief, 216:A–11 (11/7/08)
– Wellness program incentives, legal, tax, regulatory consequences explored by attorney speaker, correction, 192:A–12 (10/3/08)

EQUAL PAY ACT (EPA)

– Dell, former HR managers file class action (N.D. Cal.), 211:A–1 (10/31/08)
– Retaliation

– – RIF pretext, $950K settles claims of private school principal fired for voicing concerns over female teachers' unequal pay (N.D. Ohio), 221:A–2 (11/17/08)
– – Severance conditioned on unlawful release, $295K settles EEOC claims (D. Md.), 220:A–1 (11/14/08)

– School employee's claims properly rejected but not frivolous, award of attorneys' fees to employer was abuse of discretion (5th Cir.), 224:AA–1 (11/20/08); text, 224:E–1 (11/20/08)

EQUAL PROTECTION

– Issuance of building permits conditioned on resolution of labor dispute, hotel's suit advances against city of Chicago, alderman (N.D. Ill.), 219:A–1 (11/13/08)

EQUIPMENT AND TOOLS

– Cranes and derricks, OSHA releases proposed rule, operator certification at issue, 196:A–12 (10/9/08)
– Personal protective equipment (PPE)

– – Nanoparticle exposure, report offers comprehensive guidance on best practices, 206:A–4 (10/24/08)
– – Training, employer liability, per-employee citations, OSHA proposed rule draws industry opposition, labor support, 194:A–9 (10/7/08)

ERISA

– Age bias, cash balance plans

See CASH BALANCE PLANS

– Anti-cutback

– – Death benefit fund termination, unlawful transfer to ILGWU Heritage Fund settled by partial repayment (S.D.N.Y.), 223:A–9 (11/19/08)
– – Industry-related disability (IRD) benefit is welfare benefit, not pension benefit, earnings cap amendment no violation (U.S., rev den), 194:B–6 (10/7/08)

– Asset smoothing, PPA technical corrections bill

See LEGISLATION, FEDERAL, HR 6382

– Assignment, alienation of plan benefits barred, 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)
– Contractors' challenge to project stabilization pact rejected, community college district was market participant (C.D. Cal.), 213:A–4 (11/4/08)
– Distress termination filing requirements, disclosure, PBGC releases final rule, 222:A–5 (11/18/08)
– Fiduciary breach

See FIDUCIARY DUTY

– Issue exhaustion not required, federal appeal not barred by failure to raise all theories in administrative appeal (9th Cir.), 190:A–1 (10/1/08)
– 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)
– Merrill Lynch, deferred compensation, benefits offset to account for executives' unpaid loans violated plan's nonalienation provisions (M.D. Fla.), 210:A–5 (10/30/08)
– Newspaper correspondent is common law employee eligible for some benefits, agency law principles applied (D. Ore.), 218:A–3 (11/12/08)
– Plan assets, participant contributions rules listed in EBSA semiannual agenda, In Brief, 228:A–12 (11/26/08)
– Plant shutdown aimed at pension benefits, settlement approved reinstating rights (W.D. Pa.), 226:A–4 (11/24/08)
– Preemption

See PREEMPTION

– Raytheon, retiree who breached waiver by suing for inclusion of severance pay in deferred compensation calculations must repay severance (N.D. Texas), 218:A–5 (11/12/08)
– Retiree health benefits

See RETIREE HEALTH BENEFITS

– Social Security offsets, class certified for spouses challenging cuts in survivor benefits (S.D. Ohio), 211:A–2 (10/31/08)
– Supreme Court labor docket, oral arguments pending in six cases as 2008-2009 term opens, 192:AA–1 (10/3/08)
– Surviving spouse's statutory benefits claim governed by Ky. 5-year window, not 15-year breach of contract window, time-barred (6th Cir.), 225:A–3 (11/21/08)

ETA

See EMPLOYMENT AND TRAINING ADMINISTRATION (ETA)

ETHICS

– SEIU names commission to recommend unionwide standards, overview, 197:A–12 (10/10/08)

EUROPEAN UNION (EU)

– European Parliament approves compromise measure extending rights to temporary workers, allowing flexibility for unions, employer groups, 207:A–2 (10/27/08)
– Gender pay gap, Parliament urges legislation to reverse bias against females, report summary, 224:A–10 (11/20/08)

EVIDENCE

– ADA, post-trial proof of possible fraud on court by plaintiff's attorney triggers reversal of $1M jury award (6th Cir.), 204:A–2 (10/22/08)
– ADEA, RIF, “me too” testimony from other employees inadmissible where no companywide pattern or practice alleged (D. Kan.), 216:A–3 (11/7/08)
– Sexual harassment

– – Co-worker affidavits in support of FAA worker's claim improperly excluded, claim revived (4th Cir.), 224:A–3 (11/20/08)
– – Emotional distress claimant's history of sexual abuse admissible for diagnosis of present condition (E.D. Tenn.), 209:A–8 (10/29/08)

EXECUTIVE COMPENSATION

– Stop the Greed on Wall Street Act

See LEGISLATION, FEDERAL, S 3693