Daily Labor Report® Index-Summary

FAA (FEDERAL ARBITRATION ACT)

FAA (FEDERAL AVIATION ADMINISTRATION)

See FEDERAL AVIATION ADMINISTRATION (FAA)

FAIR LABOR STANDARDS ACT (FLSA)

– Collective actions

– – Lawyers discuss FLSA developments, increasing popularity, procedural differences, hybrid claims, 232:A–8 (12/3/08)
– – Waiver of opt-in requirement valid, opt-out class arbitration may proceed (U.S., rev den), 194:B–1 (10/7/08)

– Dollar volume, “enterprise” coverage, nonprofit need not include income from donations, fees, dues to meet threshold $500K, Wage and Hour Op. Letter, 222:A–1 (11/18/08); text, 222:E–2 (11/18/08)
– Employee Misclassification Prevention Act

See LEGISLATION, FEDERAL, HR 6111, S 3648

– Farmworkers entitled to pay for time spent waiting for ice to melt on crops (D. Ariz.), 197:A–14 (10/10/08)
– Portal-to-Portal Act, unions say DOL should drop proposal to align rules with court rulings, Special Report, 203:C–1 (10/21/08)
– Volunteering, public employee barred 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)

FAIR REPRESENTATION DUTY

– Agency fees challenge, UFCW local's failure to obtain independent verification of expenditures violated duty (NLRB), 214:A–6 (11/5/08); text, 214:E–1 (11/5/08)
– PacBell, past conviction not just cause, claim advances for service tech fired after management discovered name on sex offenders registry (S.D. Cal.), 229:A–1 (11/28/08)

FAMILY AND MEDICAL LEAVE

– Milwaukee, Wis. third U.S. city to pass guaranteed sick leave ordinance, 215:C–4 (11/6/08)
– N.J., labor-friendly laws, policies touted by governor, 237:A–4 (12/10/08)

FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Eligibility

– – Apprentices, DOL regulations dictate PPF program was joint employer for FMLA, WMLA coverage (W.D. Wash.), 229:A–8 (11/28/08)
– – Intermittent leave approval based on hours worked did not carry over into next 12 months, re-evaluation required (6th Cir.), 198:A–1 (10/14/08)
– – Minimum hours not met, fired flight attendant not eligible for leave (U.S., rev den), 194:B–5 (10/7/08)

– Family and Medical Leave Enhancement Act

See LEGISLATION, FEDERAL, HR 7233

– Interference

– – Ark. employee lawfully fired for not reporting to work before medical appointment that could have qualified her for leave (8th Cir.), 238:A–5 (12/11/08)
– – Bank manager fired in wake of embezzlement probe 3 months after leave request failed to show pretext (E.D. Pa.), 203:A–1 (10/21/08)
– – City employee fired for dishonesty failed to show pretext (3d Cir.), 195:A–3 (10/8/08)
– – Computation of absenteeism rate must include FMLA leave, nurse's claim advances, but retaliation rejected (D. Minn.), 209:A–1 (10/29/08)
– – Hospital janitor violated daily call-in policy during leave, lawfully fired (8th Cir.), 247:A–1 (12/24/08)
– – HR representative fired for returning from protected leave one day late may sue (E.D. Mich.), 243:A–4 (12/18/08)
– – “In loco parentis,” claims revived for employee who failed to complete PIP during leave to care for granddaughter (11th Cir.), 192:A–1 (10/3/08)

– Regulations, DOL to issue final revisions on family military leave, serious health condition, notice, overview, 220:AA–1 (11/14/08); rules praised for clarity, military provisions, slammed for shorter notice period, privacy concerns, Special Report, 225:C–1 (11/21/08)
– Retaliation

– – Airline flight instructor with sleep apnea failed to link pursuit of leave to discharge (5th Cir.), 207:A–3 (10/27/08)
– – HR representative fired for returning from protected leave one day late may sue (E.D. Mich.), 243:A–4 (12/18/08)
– – Iowa may be sued under ADA, Rehabilitation Act for accepting depressed worker's post-leave resignation, denying reinstatement without interactive process (Iowa Ct. App.), 216:A–5 (11/7/08)

– Serious health condition, eye care center employee fired for keeping medical appointment during working hours may pursue claim (M.D.N.C.), 242:A–6 (12/17/08)

FARM WORKERS (UFW)

– CTW activities

See CHANGE TO WIN (CTW)

– Representation elections, Cal. secret-ballot election bill vetoed, 191:A–7 (10/2/08)

FATALITIES

– Aracoma Coal, record $4.2M settlement resolves MSHA charges stemming from 2006 fire, 248:A–1 (12/29/08)
– ATCA, TVPA, Drummond Coal not liable for paramilitaries' torture, murder of Colombian union leaders (11th Cir.), 248:A–8 (12/29/08)
– Cintas, fatal laundry accident, House Democrats, UNITE HERE protest $2.76M settlement of six OSHA cases (OSHRC), 246:A–2 (12/23/08)

FDA

See FOOD AND DRUG ADMINISTRATION (FDA)

FECA

See FEDERAL EMPLOYEES' COMPENSATION ACT (FECA)

FEDERAL ARBITRATION ACT (FAA)

– Am. Arb. Ass'n president warns bills limiting arbitration clauses in employment contracts could have unintended consequences, 196:A–8 (10/9/08)
– Ark. bar preempted under terms of contract, interstate commerce link, fired supervisor must arbitrate tort claims (Ark. Ct. App.), 242:A–8 (12/17/08)
– Seaboard, foreign awards convention trumps FAA, Bermuda subsidiary agreement not signed by both parties unenforceable (U.S., rev den), 231:AA–3 (12/2/08)

FEDERAL AVIATION ADMINISTRATION (FAA)

– Sexual harassment, co-worker affidavits in support of claim should have been considered as potential evidence, claim revived (4th Cir.), 224:A–3 (11/20/08)

FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE (OFCCP)

– ABF Freight, hiring, $300K, job offers settle race, sex, national origin bias claims, OFCCP announces, 205:A–6 (10/23/08)
– Eby-Brown, race bias charges settled, In Brief, 203:A–12 (10/21/08)
– Exemplary Voluntary Efforts (EVE) awards, DOL recognizes business entities for EEO achievements, 201:A–7 (10/17/08)
– Veteran employees, VETS issues final revised rule for annual contractor filings, 214:A–10 (11/5/08)

FEDERAL CONTRACTS AND CONTRACTORS

– Ceres Env'l. Servs., Phillips & Jordan, SCA, DOL recovers over $2M in back pay for Katrina, Rita cleanup workers, 226:A–8 (11/24/08)
– 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)
– Competitive sourcing, DOL public-private competitions damage morale, impact minorities, women, GAO reports, 229:A–4 (11/28/08)
– E-Verify, Chamber files suit challenging legality of executive order, rules mandating use (D. Md.), 247:A–9 (12/24/08)
– Eby-Brown, race bias charges settled, In Brief, 203:A–12 (10/21/08)
– EG&G Defense Materials, whistleblower's firing claim rejected, reports on chemical leak misled investigators, endangered public (DOL ARB), 216:A–8 (11/7/08)
– General Security, FTCA, malicious prosecution based on federal officers' false affidavit, fired guard may sue government (7th Cir.), 242:A–5 (12/17/08)
– Immigration, final DOL rule amends FAR, mandates E-Verify use, Special Report, 220:C–1 (11/14/08)
– Job Corps transfer from ETA to Secretary's office improved practices, but more contracting reforms needed, OIG audit, 204:A–6 (10/22/08)
– MBI, ICE raid ends in jail time, $1.5M fine for owner who conspired to harbor, hire undocumented workers (D. Mass.), 214:A–8 (11/5/08); firm will pay $850K to settle overtime lawsuit linked to sham second corporation (D. Mass.), 224:A–7 (11/20/08)
– Military spouses, OPM proposed rule addresses noncompetitive hiring under Bush executive order, In Brief, 241:A–9 (12/16/08)
– OFCCP

See FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE (OFCCP)

– 2000-2006 performance study shows government failing to meet obligations as model employer, panel says, 237:A–3 (12/10/08)
– USProtect, court may order pay rate change for union security guards, DHS ignored SCA in setting wages, benefits (D.D.C.), 229:AA–1 (11/28/08); text, 229:E–1 (11/28/08)
– Veteran employees, VETS issues final revised rule for annual filings, 214:A–10 (11/5/08)

FEDERAL EMPLOYEES

– Consolidated Security, Disaster Assistance, and Continuing Appropriations Act

See LEGISLATION, FEDERAL, HR 2638

– Disability bias

See REHABILITATION ACT

– Diversity, Hispanics underrepresented, interagency report on challenges presented to EEOC, 206:C–1 (10/24/08)
– Emergency leave transfer rule finalized, In Brief, 215:A–9 (11/6/08)
– Labor law growing faster in federal than private sector, judge tells conferees, 226:A–2 (11/24/08)
– Libel, CSRA does not preempt union officer's claim against AFGE members, Texas law governs, remanded (5th Cir.), 193:A–2 (10/6/08)
– Military spouses, OPM proposed rule addresses noncompetitive hiring under Bush executive order, In Brief, 241:A–9 (12/16/08)
– Pay hike, 3.9 percent increase effective Jan., 2009, In Brief, 245:A–16 (12/22/08)
– Smoking ban for all federal buildings updated by GSA, In Brief, 248:A–12 (12/29/08)
– Training programs should follow lead of state and local programs, study reports, 226:A–3 (11/24/08)
– Veterans

– – Competitive service hiring, excepted service appointments, OPM rules on passover of preference-eligible veterans invalid (Fed. Cir.), 250:A–3 (12/31/08)
– – FY2007 OPM report shows slight hike in employment numbers, 223:A–6 (11/19/08)

FEDERAL EMPLOYEES' COMPENSATION ACT (FECA)

– Appeals, DOL issues final rules, In Brief, 205:A–10 (10/23/08)
– FTCA emotional distress claim should have been stayed pending guidance on FECA preemption, revived, remanded (2d Cir.), 216:A–1 (11/7/08)

FEDERAL LABOR RELATIONS AUTHORITY (FLRA)

– Subpoenas, FLRA proposes rule for seeking testimony, documents, In Brief, 249:A–10 (12/30/08)

FEDERAL MEDIATION AND CONCILIATION SERVICE (FMCS)

– Director summons Boeing, striking IAM to resume talks, 203:A–12 (10/21/08)
– Employee Free Choice Act (EFCA)

See LEGISLATION, FEDERAL, HR 800, S 1041

– Obama transition team names leaders to review labor, civil rights agencies, 221:A–12 (11/17/08); correction, 223:A–12 (11/19/08)

FEDERAL RESERVE BOARD (FRB)

– Beige Book surveys, year-to-date, 200:D–18 (10/16/08); 233:D–12 (12/4/08)
– Emergency Economic Stabilization Act

See LEGISLATION, FEDERAL, HR 3997, HR 1424

– Industrial production and capacity report

See PRODUCTIVITY

FEDERAL RULES OF CIVIL PROCEDURE (FRCP)

– Rule 50(b), failure to renew motion for judgment as a matter of law after entry of judgment procedural error barring appeal (8th Cir.), 246:A–7 (12/23/08)
– Rules 401 and 403, ADEA, “me too” testimony from other employees inadmissible where no companywide pattern or practice alleged (D. Kan.), 216:A–3 (11/7/08)

FEDERAL TORT CLAIMS ACT (FTCA)

– FTCA emotional distress claim should have been stayed pending guidance on FECA preemption, revived, remanded (2d Cir.), 216:A–1 (11/7/08)
– Malicious prosecution based on federal officers' false affidavit, fired security guard may sue government (7th Cir.), 242:A–5 (12/17/08)

FEES

– Agency

See AGENCY FEES

FIDUCIARY DUTY

– ERISA

– – Agway, stock drop, DOL reaches $8.6M settlement to restore losses to 401(k) plan (N.D.N.Y.), 207:A–8 (10/27/08)
– – Annuity provider proposal, Advisory 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)
– – Avaya, stock drop claimant cannot rebut Moench prudence presumption (3d Cir.), 221:A–5 (11/17/08)
– – Bank of America, cash balance participants lack standing to sue over excessive fees where benefits guaranteed and risk of loss carried by employer, not plan (W.D.N.C.), 246:A–2 (12/23/08)
– – Bausch & Lomb, no breach in retaining company stock fund, Moench presumption applies, class action dismissed (W.D.N.Y.), 242:A–4 (12/17/08)
– – Bechtel, no breach to extent sponsor paid investment fees on 401(k) plan (N.D. Cal.), 221:A–4 (11/17/08)
– – Boeing, excessive fees to 401(k) service providers imprudent, class certified (S.D. Ill.), 192:A–4 (10/3/08)
– – Boston Scientific, employees who sold more shares than they owned at artificially inflated price not injured in fact, lack standing to sue (D. Mass.), 214:A–5 (11/5/08)
– – Calpine, imprudence, mismanagement of 401(k) assets, $4.2M settlement approved in stock drop class action (N.D. Cal.), 212:A–4 (11/3/08)
– – Comcast, stock drop breach, proposed class action advances (E.D. Pa.), 213:A–3 (11/4/08)
– – Cross-trading exemption, EBSA final rule released, In Brief, 195:A–11 (10/8/08)
– – Damages, 401(k) participant suing for losses to plan assets in individual account drops reinstated lawsuit (D.S.C.), 209:A–7 (10/29/08)
– – Death benefit fund termination, unlawful transfer to ILGWU Heritage Fund settled by partial repayment (S.D.N.Y.), 223:A–9 (11/19/08)
– – Dual role administrators

– – – Abuse of discretion, conflict of interest, Glenn factors analyzed, benefits denial unlawful (2d Cir.), 250:A–5 (12/31/08)
– – – Benefits termination, deferential review proper, conflict of interest only one factor to be considered (4th Cir.), 246:A–1 (12/23/08); text, 246:E–1 (12/23/08)
– – – Conflicts of interest a “factor” in review, Glenn decision altered litigation landscape for plaintiffs and defendants, attorneys explain, 233:A–5 (12/4/08)

– – Eligible investment advice arrangement (EIAA), Senators say EBSA 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)
– – Fifth Third Bancorp, nondisclosure, self-dealing, 401(k) participants' claim alleging plan loaded with high-fee mutual funds advances (S.D. Ohio), 194:A–4 (10/7/08)
– – Financial crisis

– – – Communicating with plan participants, EBSA official urges continued help, guidance distinguishes investment education from unlawful advice, 223:A–4 (11/19/08)
– – – Legislative changes, lawsuits may ensue, lawyers advise plan fiduciaries on risks in “perfect storm,” 206:A–9 (10/24/08)

– – Ford Motor, “imminent collapse” threshold rejected, 401(k) stock drop class claims advance (E.D. Mich.), 248:A–9 (12/29/08); text, 248:E–1 (12/29/08)
– – GM plan fiduciary halts 401(k) participants' purchases of company stock, 229:A–7 (11/28/08)
– – Hard-to-value assets, council report urges DOL guidance on complexities, spend-down, phased retirement, 217:A–4 (11/10/08)
– – Hartford Fin. Servs. Group, class action alleges stock drop due to concealment of subprime mortgage losses (D. Conn.), 224:A–4 (11/20/08); fiduciary breach, two more stock drop class actions filed (D. Conn.), 240:A–4 (12/15/08)
– – Intl. Paper, excessive costs, fees to 401(k) service providers, class action 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)
– – Modifications to ERISA plans must be in writing, retiree benefits changes in “secret side deal” properly invalidated (7th Cir.), 206:A–1 (10/24/08); text, 206:E–1 (10/24/08)
– – Pension underfunding due to Wall Street losses may trigger benefit restrictions, health care changes in 2009, challenges, legislative outlook discussed, 249:A–4 (12/30/08)
– – Recordkeeping, crediting of hours important to benefits calculations, breach claim linked to FLSA overtime claim proceeds (D. Ariz.), 197:A–6 (10/10/08)
– – R.J. Reynolds, divesting 401(k) plan of Nabisco stock imprudent, class 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)
– – Sections 502(a)(2), 502(a)(3), detrimental reliance on misrepresentations, attorney predicts LaRue decision will engender spate of claims in lower courts, 194:C–2 (10/7/08)
– – Shareholder rights, investments in economically targeted assets, DOL guidance bulletins expected, 200:A–7 (10/16/08)
– – State Street Bank

– – – Collective bank trusts, Prudential may sue for losses from mortgage-backed funds (S.D.N.Y.), 193:A–4 (10/6/08)
– – – Failure to follow benefits payment instructions, $1.1M in overpayments, administrator, sponsor may sue trustee for breach (E.D. Va.), 196:A–5 (10/9/08)

– – Syncor, 401(k) ESOPs, $4M settles stock drop suit for losses stemming from foreign bribery scheme (C.D. Cal.), 212:A–4 (11/3/08)
– – Terminated or abandoned IAPs, distributions to missing non-spouse beneficiaries, class exemption amendment, final EBSA rules, 195:A–4 (10/8/08)
– – UNUM Life Ins., checkbook withdrawals in place of lump-sum payments is breach, beneficiaries' class suit revived (1st Cir.), 218:A–2 (11/12/08)

– Health benefits, class certification denied in breach suit alleging hospital employer caused plan to pay excessive fees for its medical services (N.D. Texas), 235:A–3 (12/8/08)
– Natl. Football League Players Ass'n (NFLPA), licensing breach, class of retired players owed $28M in royalties from memorabilia sales (N.D. Cal.), 220:A–7 (11/14/08)
– Translation services firm breached duty to help with green card process, but question whether refusal to accept different job at same pay was failure to mitigate damages remanded (10th Cir.), 237:A–14 (12/10/08)

FINANCIAL INSTITUTIONS

– American Express, “re-engineering” triggers 7,000 job cuts, 211:A–10 (10/31/08)
– Bailouts

– – Emergency Economic Stabilization Act

See LEGISLATION, FEDERAL, HR 3997, HR 1424

– – Second bailout possible in face of rising joblessness, more financial woes, top economists urge regulation, corporate governance, 194:A–1 (10/7/08)

– Bank of America

– – ERISA, cash balance participants lack standing to sue over excessive fees where benefits guaranteed and risk of loss carried by employer, not plan (W.D.N.C.), 246:A–2 (12/23/08)
– – Merrill Lynch acquisition will trigger 30,000 job cuts, 239:A–13 (12/12/08)
– – Republic Windows and Doors closure triggers Ill. probe of credit cut-off by TARP beneficiary, Chicago move to cut ties with bank, 236:A–16 (12/9/08); cash commitments from banks resolve sit-in, 238:A–11 (12/11/08)
– – Severance, failure to explain appeal rights dooms failure to exhaust argument, benefits claim advances (E.D. Pa.), 230:A–3 (12/1/08)

– Bank of New York Mellon, job cuts announced, In Brief, 228:A–12 (11/26/08)
– Citigroup

– – Severance cuts announced for laid-off workers, In Brief, 233:A–13 (12/4/08)
– – Stock options, capital accumulation plan, forfeiture of partially vested shares purchased with voluntary deductions lawful under state wage law (Conn.), 250:A–1 (12/31/08)
– – Worldwide job cuts announced, 222:A–6 (11/18/08)

– Citizens Bank, sex, age bias rejected, branch manager fired for fraudulently “gaming” incentive program failed to show pretext (3d Cir.), 202:A–2 (10/20/08)
– FBL Fin. Servs., ADEA, mixed-motive jury instruction requires direct proof, award reversed, new trial ordered (U.S., rev grant), 235:A–1 (12/8/08)
– Fifth Third Bancorp, ERISA fiduciary breach, 401(k) participants' claim alleging plan loaded with high-fee mutual funds advances (S.D. Ohio), 194:A–4 (10/7/08)
– First Personal Bank, ADA, drug test for illicit use lawful, but withdrawal of job offer based on use of legally-prescribed medication triggers valid claim (N.D. Ill.), 227:A–7 (11/25/08)
– Goldman Sachs, job cuts announced, In Brief, 217:A–15 (11/10/08)
– Harleysville Natl. Bank, FMLA, manager fired in wake of embezzlement probe 3 months after leave request failed to show pretext (E.D. Pa.), 203:A–1 (10/21/08)
– Hartford Fin. Servs. Group, ERISA class action alleges stock drop due to concealment of subprime mortgage losses (D. Conn.), 224:A–4 (11/20/08); fiduciary breach, two more stock drop class actions filed (D. Conn.), 240:A–4 (12/15/08)
– JPMorgan Chase announces job cuts in wake of Washington Mutual acquisition, In Brief, 233:A–13 (12/4/08)
– Lehman Bros. Holdings, WARN Act, former computer programmer files federal and state claims for termination without notice, 60 days' pay (S.D.N.Y.), 219:A–13 (11/13/08)
– Natl. City Bank, job cuts announced, In Brief, 204:A–10 (10/22/08)
– N.Y., state comptroller hikes estimate of crisis-related job losses to 40,000, 192:A–9 (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)
– Sovereign Bank, job cuts announced, In Brief, 248:A–12 (12/29/08)
– State Street Bank and Trust, ERISA

– – Failure to follow benefits payment instructions, $1.1M in overpayments, administrator, sponsor may sue trustee for breach (E.D. Va.), 196:A–5 (10/9/08)
– – GM plan fiduciary halts 401(k) participants' purchases of company stock, 229:A–7 (11/28/08)
– – Prudential may sue for losses to collective bank trusts from mortgage-backed funds (S.D.N.Y.), 193:A–4 (10/6/08)

– SunTrust Banks, EPPA, mixed motive analysis shows 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)
– Washington Mutual, San Francisco, Seattle job cuts announced, In Brief, 229:A–9 (11/28/08)

FINES

See PENALTIES

FIREARMS

– Fla., public policy, 2d Amend. right to bear arms no bar to firing at-will employee who broke rules by grabbing shotgun from his home before coming to aid of shooting victim (M.D. Fla.), 242:A–1 (12/17/08)

FIREFIGHTERS

– ADEA

– – Denver, Colo., $850K settles ex-fire fighter's claim against city, county (D. Colo.), 220:A–4 (11/14/08)
– – Eaton's Neck Fire Distr., age-based denial of service credits for pension equivalent unlawful, EEOC sues (E.D.N.Y.), 249:A–4 (12/30/08)

– Kootenai County Fire & Rescue, whistleblowing, malice towards coworkers in secret time log entries is jury issue, retaliation claim revived (Idaho), 212:A–6 (11/3/08)
– Overtime, Philadelphia paramedics who are not fire fighters qualify for extra pay (U.S., rev den), 241:A–1 (12/16/08)
– 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)

FIRST AMENDMENT

– Agency fees, SEIU representational activities, Maine affiliate lawfully charged nonmembers for extra-unit litigation costs funded by expense pooling (U.S., oral arg), 194:AA–1 (10/7/08)
– Freedom of speech

See FREEDOM OF SPEECH

– Ministerial exception bars ADA, state law claims of commissioned minister fired from Lutheran school (E.D. Mich.), 215:A–5 (11/6/08)
– N.Y. Law Publ'g, publisher, newspaper properly denied access to sealed judicial records in PDA abortion bias case (U.S., rev den), 218:A–8 (11/12/08)
– Supreme Court labor docket, oral arguments pending in six cases as 2008-2009 term opens, 192:AA–1 (10/3/08)

FLEXIBLE WORK SCHEDULES

– Political candidates should woo women voters with family-friendly policies, panel says, 191:A–9 (10/2/08)
– Social Policy After the Economic Crisis, think tank forum urges focus on job training, UI expansion, workplace flexibility options, 235:A–11 (12/8/08)

FLIGHT ATTENDANTS (AFA)

– Delta Air Lines

– – AFA charges of election interference under RLA lacked proof to trigger investigation, dismissed (NMB), 191:AA–1 (10/2/08); text, 191:E–6 (10/2/08)
– – Merger with Northwest Airlines draws criticism, unions weigh consequences, 211:A–8 (10/31/08); Northwest unions criticize Delta CEO over smaller pay raises, 223:A–4 (11/19/08); pilots to merge seniority lists based on status, aircraft, 241:A–2 (12/16/08)

FLORIDA

– DOL grants, manufacturing layoffs, $859K, In Brief, 239:A–14 (12/12/08)
– Fla., public policy, 2d Amend. right to bear arms no bar to firing at-will employee who broke rules by grabbing shotgun from his home before coming to aid of shooting victim (M.D. Fla.), 242:A–1 (12/17/08)
– Sexual harassment, county may be liable for tolerating mayor's pervasive abuse of assistant, claim proceeds (S.D. Fla.), 200:A–4 (10/16/08)

FLRA

See FEDERAL LABOR RELATIONS AUTHORITY (FLRA)

FOIA

See FREEDOM OF INFORMATION ACT (FOIA)

FOOD AND COMMERCIAL WORKERS (UFCW)

– Agriprocessors refusal to bargain ULP, certification valid, voters “employees” under NLRA despite undocumented status of most (U.S., rev den), 222:AA–1 (11/18/08)
– CTW activities

See CHANGE TO WIN (CTW)

– Local 4, agency fees challenge, failure to obtain independent verification of expenditures violated fair representation duty (NLRB), 214:A–6 (11/5/08); text, 214:E–1 (11/5/08)
– Local 7, Colo. labor groups drop 4 ballot measures in exchange for business opposition to 3 anti-union initiatives, 192:A–3 (10/3/08)
– Local 486, Hull store, Wal-Mart Canada to appeal certification, 246:A–10 (12/23/08)
– Local 700, Ind. Kroger, Sav-On pact ratified, 190:A–6 (10/1/08)
– Local 711, JBS Swift, Utah meatpackers choose UFCW, 229:A–7 (11/28/08)
– Local 880, Giant Eagle, Heinen's Fine Foods, ratification votes set, 202:A–1 (10/20/08); pacts ratified, 209:A–1 (10/29/08)
– Local 1099, S.W. Ohio, CVS pact ratified, 205:A–1 (10/23/08)
– Local 1400, Weyburn outlet, Wal-Mart Canada to appeal certification, 239:A–7 (12/12/08)
– Smithfield Foods, RICO, claim that targeting campaign to further organizing was extortion advances (E.D. Va.), 202:AA–1 (10/20/08); suit settled, parties agree to “fair process” election (E.D. Va.), 208:AA–1 (10/28/08); date set for election, In Brief, 223:A–12 (11/19/08); workers choose UFCW, 240:AA–1 (12/15/08)
– UFCW Canada

See CANADA

FOOD AND DRUG ADMINISTRATION (FDA)

– Pa., whistleblowing auditor had no statutory duty to report safety violations to FDA, firing lawful (3d Cir.), 198:A–2 (10/14/08)

FOOD PRODUCTS

– Blue Diamond Growers, almond plant workers reject ILWU representation, 226:A–9 (11/24/08)
– Flavor House Prods., sexual harassment, persistent verbal abuse, Title VII claim proceeds, but not retaliation or tort claims (M.D. Ala.), 247:A–5 (12/24/08)
– George Weston Bakeries Distrib. (GWBD), ERISA, independent contractors lack standing to challenge exclusion from benefits plan (E.D. Mo.), 191:A–4 (10/2/08)
– Interstate Bakeries

– – BCTGM members approve modified pacts, reorganization plan approved by court (Bankr. W.D. Mo.), 239:A–10 (12/12/08)
– – IBT pact modifications, ratification vote scheduled, 207:A–7 (10/27/08); ratified, overview, 220:A–10 (11/14/08)

– Morton Salt, 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)
– Poultry processing

See POULTRY PROCESSING

– Sara Lee Bakery, race bias in promotions, $245K settlement of EEOC charges approved (D.S.D.), 237:A–2 (12/10/08)

FOOD SERVICES

– Brinker, breaks, off-the-clock work, class certification vacated where individual issues predominate, review granted (Cal.), In Brief, 206:A–12 (10/24/08)
– Cracker Barrel Old Country Store, EEOC sign mediation pact, In Brief, 244:A–14 (12/19/08)
– Famous Dave's, FLSA, overtime calculations, failure to combine hours of employees working more than one location triggers liquidated damages, back pay (8th Cir.), 233:A–11 (12/4/08)
– Golden Gate Restaurant Ass'n, San Francisco fair share health care 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)
– Lee's Log Cabin, ADA, waitstaff applicant not qualified, HIV-positive, AIDS not synonymous for pleading purposes (7th Cir.), 197:A–2 (10/10/08)
– Long John Silver's Rests., 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)
– Mack Assocs., McDonald's franchisee executives sentenced to probation after pleading guilty to hiring, harboring undocumented workers (D. Nev.), 229:A–6 (11/28/08)
– Quality Rest. Concepts, sexual harassment, retaliation, Applebee's server suspended after reporting manager's daily advances showed adverse action, Title VII, Tenn. claims revived (6th Cir.), 210:A–2 (10/30/08)
– Saigon Grill, FLSA, N.Y. wage violations, owners, managers liable for $4.6M award to Chinese immigrant deliverymen (S.D.N.Y.), 207:AA–1 (10/27/08); correction, 209:A–13 (10/29/08); husband and wife owners under criminal arrest for cheating workers, state (N.Y. Sup. Ct.), 233:A–12 (12/4/08)
– Starbucks

– – Interference, restraint, coercion during IWW organizing, firing of pro-union workers at NYC stores were ULPs (NLRB ALJ), 249:A–1 (12/30/08)
– – Sexual harassment, retaliation, manager fired by accused 3 months after filing EEOC charge raised pretext issue, claim advances (W.D.N.C.), 221:A–1 (11/17/08)
– – Starbucks Coffee Canada

See CANADA

– – ULPs, barista fired for engaging in concerted, protected activities reinstated with back pay (NLRB), 195:A–9 (10/8/08)

– Subway, chain agrees to pay penny-per-pound surcharge to Fla. tomato pickers, 238:A–6 (12/11/08)

FORCED LABOR

– Curacao Drydock, conspiracy, $80M awarded to men sent by Cuban government to work at Caribbean shipyard (S.D. Fla.), 206:A–6 (10/24/08)
– T and U visa holders, DHS interim rule allows applications for green cards, 237:A–5 (12/10/08)
– TVPA

See TRAFFICKING VICTIMS PROTECTION ACT (TVPA)

FOREIGN WORKERS

– Undocumented

See UNDOCUMENTED WORKERS

FORMS

– EBSA Form 5500 revised for 2008, advance copies available, In Brief, 229:A–10 (11/28/08)
– EEO-1, EEOC seeks to extend use of current form, In Brief, 192:A–12 (10/3/08)
– Immigration

– – I-9 form for new hires, acceptable identity documents, USCIS issues interim final rule, 240:A–6 (12/15/08)
– – USCIS labor certifications, electronic storage of I-9 forms, semiannual regulatory agenda issued, In Brief, 228:A–13 (11/26/08)

– LMRDA, form T-1, annual financial reports for union trusts, OLMS issues final rule, overview, 190:A–1 (10/1/08); AFL-CIO opposes, others approve as less burdensome, changes reviewed, Special Report, 204:C–1 (10/22/08)

401(k) PLANS

– Asset allocation, account balances, loan activity in 2007, joint study released, 246:A–4 (12/23/08)
– Dollar limitations on benefits, contributions, IRS issues COLAs, other adjustments for tax year 2009, 201:A–6 (10/17/08)
– ERISA

– – Damages, participant suing for losses to plan assets in individual account drops reinstated lawsuit (D.S.C.), 209:A–7 (10/29/08)
– – Eligible investment advice arrangement (EIAA), Senators say EBSA 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)
– – Fiduciary breach

See FIDUCIARY DUTY

– Financial crisis

– – Congress must fix failing retirement system, Miller (D-Cal) cites $2T in losses, House hearing testimony reviewed, 206:A–2 (10/24/08)
– – ERISA litigation, legislative changes predicted, lawyers advise plan fiduciaries on risks of “perfect storm,” 206:A–9 (10/24/08)
– – Federal plan, policy analyst urges government to establish additional minimal standards, risk pooling, 219:A–3 (11/13/08)
– – Participants continuing to invest as assets decline, but moving to safer vehicles, Hewitt analysis summarized, 229:A–6 (11/28/08)
– – Pension underfunding due to Wall Street losses may trigger benefit restrictions, health care changes in 2009, fiduciary challenges discussed, 249:A–4 (12/30/08)
– – Retirement security may be worst casualty, House labor panel told, 196:A–3 (10/9/08)

– Terminated or abandoned IAPs, distributions to missing non-spouse beneficiaries, class exemption amendment, final EBSA rules, 195:A–4 (10/8/08)

FRANCE

– “Partial unemployment” compensation, unions, employers agree on plan as alternative to layoffs, 250:A–7 (12/31/08)

FRAUD

– ADA, post-trial proof of possible fraud on court by plaintiff's attorney triggers reversal of $1M award (6th Cir.), 204:A–2 (10/22/08)
– Asbestos remediation, training school owner convicted of illegal hiring, sham certifications, tax evasion (D. Mass.), 226:A–6 (11/24/08)
– Bank branch manager fired for “gaming” incentive program failed to show pretext (3d Cir.), 202:A–2 (10/20/08)
– City employee fired for dishonesty failed to show pretext for bias (3d Cir.), 195:A–3 (10/8/08)
– Fraud in the execution, failure to read pact terms dooms defense, employer liable for contributions (S.D. Ohio), 199:A–3 (10/15/08)
– Health care fraud, embezzlement, money laundering, former HR manager who diverted funds to personal use arrested (S.D.N.Y.), 220:A–8 (11/14/08)
– Identity theft

See IDENTITY THEFT

– Immigration

– – Enforcement

See IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

– – Visa programs

See VISAS

– Insurance, race bias rejected, firing, non-rehire lawfully based on insubordination, failure to cooperate in fraud probe (10th Cir.), 201:A–4 (10/17/08)
– LMRA §301, fraud in the inducement question of fact for jury, nonunion contractor's claim against IUOE advances (E.D. Pa.), 230:A–2 (12/1/08)
– Mail, wire fraud, solicitation of bribery, DOJ arrests Ill. governor Blagojevich, chief of staff in scheme to trade Senate seat for CTW post (N.D. Ill.), 237:AA–1 (12/10/08)
– RICO

See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

FRB

See FEDERAL RESERVE BOARD (FRB)

FREEDOM OF INFORMATION ACT (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)

FREEDOM OF SPEECH

– Noise pollution, NLRA no bar to state law nuisance claim, TRO silencing “banging racket” but not SEIU leafletting valid under 1st Amend. (N.Y.), 227:A–1 (11/25/08); text, 227:E–1 (11/25/08)
– Political speech

– – Campaign finance, agency fees, nonmembers have no private right to sue for violation of state consent law, but can sue in tort for restitution (Wash. Ct. App.), 243:AA–1 (12/18/08); text, 243:E–1 (12/18/08)
– – Idaho prohibition on local government employees' political payroll deductions violates 1st Amend. (U.S., oral arg), 213:AA–1 (11/4/08)
– – Professor's claim that contract not renewed due to conservative views advances, but race, sex bias rejected (W.D.N.Y.), 220:A–8 (11/14/08)
– – School board's political button ban upheld, but campaign postings on teacher boards, mailboxes lawful (S.D.N.Y.), 206:A–5 (10/24/08)

– Retaliation

– – Union-related speech, activity, corrections officers' suspensions violated 1st Amend., deference appeal rejected (U.S., rev den), 236:AA–1 (12/9/08)
– – 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)

– Supreme Court labor docket, oral arguments pending in six cases as 2008-2009 term opens, 192:AA–1 (10/3/08)

FTCA

See FEDERAL TORT CLAIMS ACT (FTCA)