Daily Labor Report® Index-Summary

IAM

See MACHINISTS (IAM)

IBB

See BOILERMAKERS (IBB)

IBEW

See ELECTRICAL WORKERS (IBEW)

IBT

See TEAMSTERS (IBT)

ICE

See IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

IDAHO

– RICO, illegal hiring under INA, Canyon County fails to show property interest in health care, law enforcement expenditures, lacks standing to sue (U.S., rev den), 203:AA–2 (10/21/08)
– Voluntary Contributions Act violates 1st Amend., state lacks power to prohibit local government employees' political payroll deductions (U.S., oral arg), 213:AA–1 (11/4/08)
– Whistleblowers, malice towards coworkers in secret time log entries is jury issue, retaliation claim revived (Idaho), 212:A–6 (11/3/08)

IDENTITY THEFT

– Agriprocessors, conspiracy to harbor, document fraud, identity theft, former CEO arrested as result of ICE raid (N.D. Iowa), 212:A–6 (11/3/08); company, managers indicted on multiple charges, bank fraud (N.D. Iowa), 229:A–4 (11/28/08)
– Davis-Bacon construction payroll reports, DOL proposes precautionary reduction of personal data, 202:A–5 (10/20/08); contractors applaud, trades skeptical, comments summarized, 230:C–1 (12/1/08); final rule issued, partial identifier required, 244:A–1 (12/19/08)
– Penalty enhancement, Mexican citizen who entered U.S. illegally and knowingly presented false papers to employer guilty of aggravated offense (U.S., rev grant), 203:AA–1 (10/21/08)

ILGWU

See GARMENT WORKERS (ILGWU)

ILLINOIS

– ADA, sleeping on job, state worker fired for second offense not substantially limited in major life activities (C.D. Ill.), 232:A–1 (12/3/08)
– Bank of America, 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)
– Chicago

– – Equal protection, issuance of building permits conditioned on resolution of labor dispute, hotel's suit advances against city, alderman (N.D. Ill.), 219:A–1 (11/13/08)
– – Reverse race bias, inference raised under direct method, retaliatory discharge claim advances for city parks worker fired for reporting suspected child abuse (N.D. Ill.), 223:A–1 (11/19/08)
– – USERRA, Navy reservist claiming lateral transfer was demotion failed to show adverse action, bias, laches doctrine bars 1991 claim (7th Cir.), 213:A–1 (11/4/08)

– Employee Classification Act (ECA), UBC 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)
– Grant to offset layoffs and plant closures, ETA awards over $3M, In Brief, 204:A–10 (10/22/08)
– Hotel room attendants, state law guaranteeing rest and meal breaks too narrowly applied to be true labor standard, NLRA preempts (7th Cir.), 241:AA–1 (12/16/08); text, 241:E–3 (12/16/08)
– Mail, wire fraud, solicitation of bribery, DOJ arrests governor Blagojevich, chief of staff in scheme to trade Senate seat for CTW post (N.D. Ill.), 237:AA–1 (12/10/08)
– Pharmacy technician lawfully fired for policy violations, multiple bias claims rejected (N.D. Ill.), 233:A–3 (12/4/08)
– Recognition of union, state law requires one form of proof, card check win upheld for county workers despite failure to submit dues authorizations, access to cards denied (Ill.), 245:A–9 (12/22/08); text, 245:E–1 (12/22/08)
– Sick building syndrome, whistleblower, tort claims advance, state workers' comp law, IHRA no bar (N.D. Ill.), 249:A–6 (12/30/08)

ILWU

See LONGSHORE AND WAREHOUSE UNION (ILWU)

IMMIGRATION

– Border, worksite enforcement boost has turned the tide on illegal migration, Chertoff reports on 2008 performance, 245:A–12 (12/22/08)
– Brain waste, about 22 percent of college-educated immigrants unemployed or underemployed, speaking English key to success, report, 205:A–8 (10/23/08)
– DHS performance, record enforcement rates, increased use of E-Verify in FY2008 slowing illegal influx, Chertoff says, 207:A–12 (10/27/08)
– Federal employment, Hispanics underrepresented, interagency report on challenges presented to EEOC, 206:C–1 (10/24/08)
– Federation for American Immigration Reform (FAIR) says Obama has mandate to address economy, but not to grant amnesty, 237:A–10 (12/10/08)
– ICE

See IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

– Illegal influx slows, 2008 population holds steady at 11.9M, Pew Hispanic Center report, 192:A–9 (10/3/08)
– Labor certification, attorney-client consultations, settlement permanently halts DOL audit of PERM applications filed by law firm (D.D.C.), 220:A–1 (11/14/08)
– Latino labor force participation has declined during recession, Pew researcher reports, 242:A–10 (12/17/08)
– 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)
– 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)
– Policy changes expected soon after Obama inauguration, but speakers say comprehensive reforms unlikely before 2011, 224:A–6 (11/20/08); working group named to develop proposals, plans, In Brief, 224:A–13 (11/20/08)
– Reform advocates, business groups cite immigrants' role in election win, Obama campaign promises, Special Report, 221:C–1 (11/17/08)
– State legislation

– – Migration Policy Inst. launches online searchable database of all bills introduced in 2007, 197:A–10 (10/10/08)
– – 2008, nineteen employment-based laws enacted nationwide, NCSL Immigrant Policy Project report, 249:A–2 (12/30/08)

– Translation services firm breached fiduciary 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)
– Undocumented workers

See UNDOCUMENTED WORKERS

IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE)

– Agriprocessors, conspiracy to harbor, document fraud, identity theft, former CEO arrested as result of ICE raid (N.D. Iowa), 212:A–6 (11/3/08); company, managers indicted on multiple charges, bank fraud (N.D. Iowa), 229:A–4 (11/28/08)
– Border security, worksite enforcement boost has turned the tide on illegal migration, Chertoff reports on 2008 performance, 245:A–12 (12/22/08)
– Bribery, immigration fraud, grand jury expands indictment against ICE attorney and spouse (C.D. Cal.), 219:A–10 (11/13/08)
– Chief Myers to resign, In Brief, 215:A–9 (11/6/08)
– Cloudburst Underground Sprinkler Systems, owner sentenced to prison for hiring, harboring undocumented workers, tax evasion (D. Neb.), 239:A–6 (12/12/08)
– House of Raeford's Columbia Farms, 300 arrested in raid on S.C. chicken processing plant, 195:A–8 (10/8/08)
– IFCO Sys. N. Am., illegal hiring, Houston wooden pallet maker will pay record $20.7M to resolve criminal investigation, 246:AA–1 (12/23/08)
– Mack Assocs., McDonald's franchisee executives sentenced to probation after pleading guilty to hiring, harboring (D. Nev.), 229:A–6 (11/28/08)
– 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)
– Mo. governor forms joint task force with ICE to target employers of illegal immigrants, 197:A–13 (10/10/08)
– Policy changes expected soon after Obama inauguration, but speakers say comprehensive reforms unlikely before 2011, 224:A–6 (11/20/08); working group named to develop proposals, plans, In Brief, 224:A–13 (11/20/08)
– Protect Citizens and Residents from Unlawful Raids and Detention Act

See LEGISLATION, FEDERAL, S 3594

– Racial profiling, intimidation, denial of counsel, 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)
– Targeted firms should take steps to avoid, manage ICE raids, speakers offer planning tips, 200:C–1 (10/16/08)
– Workplace raids, immigrant advocacy coalitions ask Obama to impose moratorium, 219:A–11 (11/13/08)

IMMIGRATION AND NATIONALITY ACT (INA)

– Illegal hiring, county failing to show property interest in health care, law enforcement expenditures lacks standing to sue (U.S., rev den), 203:AA–2 (10/21/08)

IMMUNITY

– Sovereign

See SOVEREIGN IMMUNITY

INA

See IMMIGRATION AND NATIONALITY ACT (INA)

INCOME DISTRIBUTION

– ILO reports dramatic increase in gap between rich and poor worldwide, 201:A–6 (10/17/08)
– Working poor, 2006 census data show one-fourth of working families with children are low-income, report, 199:A–9 (10/15/08)

INDEPENDENT CONTRACTORS

– California

– – AG sues 3 trucking firms for misclassifying employee drivers as independent contractors to dodge taxes (Cal. Super. Ct.), 209:A–5 (10/29/08)
– – Classification of at-home computer and software consultants target of Cal. agency scrutiny, 220:A–5 (11/14/08)
– – Personal injury, independent contractor injured on construction job may sue general contractor, Cal. courts split (Cal. Ct. App.), 238:A–4 (12/11/08); text, 238:E–1 (12/11/08)

– Dipat Constr., Jerry Constr., Kel-Rick Constr., misclassifications, FLSA, family-owned firms will pay $600K to settle DOL suit (D.N.H.), 235:A–3 (12/8/08)
– Employee Misclassification Prevention Act

See LEGISLATION, FEDERAL, HR 6111, S 3648

– ERISA

– – Newspaper correspondent is common law employee eligible for some benefits, agency law principles applied (D. Ore.), 218:A–3 (11/12/08)
– – Product distributors lack standing to challenge exclusion from benefits plan (E.D. Mo.), 191:A–4 (10/2/08)

– Federal Express (FedEx)

– – Bid to amend misclassified Minn. drivers' class certification rejected (N.D. Ind.), 246:A–11 (12/23/08)
– – IRS withdraws proposed $319M assessment in dispute over drivers' status as employees or contractors, 206:A–10 (10/24/08)
– – Misclassified ground drivers due $9.1M in expenses under tentative post-remand accounting (Cal. Super. Ct.), 204:A–9 (10/22/08); clarification, 206:A–13 (10/24/08)
– – Single-route drivers, $27M settles 10-year-old misclassification suit (Cal. Super. Ct.), 236:A–3 (12/9/08)

– N.J., labor-friendly laws, policies touted by governor, 237:A–4 (12/10/08)
– UBC misclassification claim against Mich. subcontractor named wrong plaintiff, dismissed with leave to amend (N.D. Ill.), 212:A–9 (11/3/08)

INDIANA

– Sovereign immunity, state lottery commission not state agency under 11th Amend., must defend race bias claims (7th Cir.), 198:A–3 (10/14/08)

INDUSTRIAL WORKERS OF THE WORLD (IWW)

– Local 660, organizing, Starbucks interference, restraint, coercion, firing of pro-union workers at NYC stores were ULPs (NLRB ALJ), 249:A–1 (12/30/08)

INFORMATION NETWORKS AND TECHNOLOGY

– Cal. overtime exemption enacted for salaried computer professionals, 191:A–7 (10/2/08)
– Data losses linked to employees' risky behavior using company computers, global online survey cites examples, 192:A–5 (10/3/08)
– Global Cynex, prevailing wage violations, illegal training fees for H-1B workers, over $1.6M in back wages settles DOL charges, 211:A–2 (10/31/08)
– Health care IT systems could create jobs, improve efficiency, help jump-start economy, Obama says, 228:A–10 (11/26/08)
– Lionbridge Techs., firm breached fiduciary 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)
– Micron Tech., job cuts announced, In Brief, 198:A–12 (10/14/08)
– Nasser Eng'g & Computing Servs., lack of “bona fide” termination triggers liability for back pay covering term of application (DOL ARB), 238:A–1 (12/11/08)
– Oracle, Cal. labor code guarantees additional workers' compensation for overtime work performed in-state by nonresidents (9th Cir.), 218:AA–1 (11/12/08); text, 218:E–6 (11/12/08)
– Security, internal threats, worker behavior greater threat for data loss than outside actors, Cisco Systems survey, 230:A–5 (12/1/08)
– Sun Microsystems, job cuts announced, In Brief, 221:A–14 (11/17/08)
– Unisys, worldwide layoffs announced, In Brief, 247:A–10 (12/24/08)

INFRASTRUCTURE

– Energy, environment, wind-energy infrastructure spending could preserve, create jobs, observers say, Special Report, 231:C–1 (12/2/08)
– Massive investment urged by many as quick job creator in second economic stimulus package, House hearing, 211:A–7 (10/31/08)

INJUNCTIONS

– ERISA

– – BP North Am., fiduciaries' bid to force return of devalued plan assets denied, monetary damages easily measured, no irreparable harm (N.D. Ill.), 245:A–4 (12/22/08)
– – Deere, rights reserved, retiree health plan changes lawful, injunction reinstating benefits denied where success unlikely and no irreparable harm (S.D. Iowa), 245:A–4 (12/22/08)

– ERISA, PBGC may recoup overpayments, deference challenge unlikely to succeed, injunction denied (D.D.C.), 236:A–2 (12/9/08)
– Living wage, Los Angeles Airport Hilton loses bid to halt pay rate for LAX-area hotel workers (C.D. Cal.), 193:A–6 (10/6/08)
– NLRB data, Section 10(j) activities, FY2008 report on operations released, 211:A–10 (10/31/08)
– 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)
– United Airlines, ALPA encouraged 9-day “sick-out,” enjoined from further disruptive actions (N.D. Ill.), 223:A–10 (11/19/08)

INJURIES AND ILLNESSES

See also specific injuries and illnesses
– Asbestosis rate still high despite years of regulations, NIOSH study, 243:A–4 (12/18/08)
– BLS reports

– – 2007 survey of nonfatal injuries and illnesses requiring leave, 225:D–14 (11/21/08)
– – 2007 survey of occupational injuries and illnesses, 206:D–4 (10/24/08)

INSURANCE INDUSTRY

– Amex Assurance, breach of contract, ERISA preempts farmhand's Mich. claim for denial of disability insurance benefits (E.D. Mich.), 250:A–2 (12/31/08)
– Cornerstone Am., overtime, “sales leaders” employees, not exempt independent contractors, under economic realties test (5th Cir.), 199:A–6 (10/15/08)
– Emergency Economic Stabilization Act

See LEGISLATION, FEDERAL, HR 3997, HR 1424

– Federal Ins., EEOC charge proceedings “formal” under policy's notice clause, failure to timely notify insurer triggered lawful disclaimer (D.C. Cir.), 238:A–3 (12/11/08)
– Health insurance

See HEALTH INSURANCE

– Homeowner's Select, sexual harassment, no private right of action against private employer under Pa. law, dismissal upheld (Pa. Super. Ct.), 196:A–4 (10/9/08)
– Metropolitan Life, widow lawfully denied death benefits, drunk driving fatality ruled not accidental but foreseeable (U.S., rev den), 231:AA–5 (12/2/08)
– Prudential Retirement Ins. and Annuity, ERISA claim advances against bank for losses from mortgage-backed funds (S.D.N.Y.), 193:A–4 (10/6/08)
– UNUM Life Insurance, ERISA

– – Checkbook withdrawals in place of lump-sum payments are breach of fiduciary duty, beneficiaries' class suit revived (1st Cir.), 218:A–2 (11/12/08)
– – Dual role administrator, conflict of interest, Glenn factors analyzed for abuse of discretion, benefits denial unlawful (2d Cir.), 250:A–5 (12/31/08)

INTERNAL REVENUE SERVICE (IRS)

– Federal Express (FedEx), IRS withdraws proposed $319M assessment in dispute over drivers' status as employees or independent contractors, 206:A–10 (10/24/08)
– GINA rulemaking, agencies seek comments on provisions addressing employment-based health care, 197:A–13 (10/10/08)
– Mileage reimbursement, IRS sets 2009 rates, In Brief, 227:A–9 (11/25/08)
– Pensions

– – Distributions, deferrals, agency seeks to revise notice rules under PPA, In Brief, 197:A–15 (10/10/08)
– – Dollar limitations on benefits, contributions, COLAs, other adjustments for tax year 2009 issued, 201:A–6 (10/17/08)
– – Economic downturn, employee plans division priorities outlined by senior officials, 222:A–7 (11/18/08)
– – Plan qualification requirements, IRS issues 2008 cumulative list of changes, In Brief, 229:A–9 (11/28/08)

– Texas hurricane relief, filing deadlines postponed, In Brief, 193:A–15 (10/6/08)
– Tips, reportable income reduction for Las Vegas casino workers falls short, culinary union says, 232:A–3 (12/3/08)

INTERNATIONAL LABOR

– Am. Ctr. for Intl. Labor Solidarity, EEOC charge proceedings “formal” under policy's notice clause, failure to timely notify insurer triggered lawful disclaimer (D.C. Cir.), 238:A–3 (12/11/08)
– ATCA, TVPA, Drummond Coal not liable for paramilitaries' crimes against Colombian union leaders (11th Cir.), 248:A–8 (12/29/08)
– Benefits, 2008-2009 survey for expatriates, globally mobile employees, 219:A–6 (11/13/08)
– Canada

See CANADA

– Child labor

See CHILD LABOR

– China

See CHINA

– Climate change, call for deep emissions cuts by 2020 divides AFL-CIO, international labor federation, 237:A–6 (12/10/08)
– Cuba

See CUBA

– EU

See EUROPEAN UNION (EU)

– Financial crisis will create 20 million more jobless workers, ILO head predicts, 203:A–2 (10/21/08)
– Forced labor

See FORCED LABOR

– Global wage decline expected in wake of economic crisis, ILO official predicts more wage disputes, report, 228:A–2 (11/26/08)
– Grants, ILAB awards $4.7M for rights initiatives, In Brief, 200:A–8 (10/16/08)
– ILO chief Somavia elected for third term, In Brief, 223:A–11 (11/19/08)
– Income distribution, ILO reports dramatic increase in gap between rich and poor worldwide, 201:A–6 (10/17/08)
– Mexico

See MEXICO

– Multinational companies, U.S. job share fell below 70 percent in 2006, BEA offshoring report, 228:D–13 (11/26/08)
– NAFTA

See NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)

– “Partial unemployment” compensation, French unions, employers agree on plan as alternative to layoffs, 250:A–7 (12/31/08)
– Trade agreements must protect workers' rights, multilateral pacts more effective than bilateral, official explains, 207:A–11 (10/27/08)
– UK

See UNITED KINGDOM (UK)

INTERNATIONAL TRADE

– Accords must protect workers' rights, multilateral pacts more effective than bilateral, official explains, 207:A–11 (10/27/08)
– Deficit, goods and services, Commerce Dept. report, Aug., 2008, 198:D–1 (10/14/08); Sept., 2008, 220:D–4 (11/14/08); Oct., 2008, 239:D–4 (12/12/08)
– Emanuel rejects linking Colombia FTA to economic stimulus plan during lame-duck session, FTA development recapped, 218:A–5 (11/12/08)
– Global Competitiveness Report, 2008, U.S. retains top spot, China advances, financial crisis effects on ranking discussed, 196:A–10 (10/9/08)
– NAFTA

See NORTH AMERICAN FREE TRADE AGREEMENT (NAFTA)

– TAA

See TRADE ADJUSTMENT ASSISTANCE (TAA)

– USTR, Obama appoints Kirk, 245:A–1 (12/22/08)

INTERNET

– E-Bay, job cuts announced, In Brief, 194:A–13 (10/7/08)
– Employment ads

See HELP-WANTED ADVERTISEMENTS

– Facebook, MySpace pitfalls

– – Job candidate screening on Internet can be perilous for employers, legal risks, consent role discussed, 199:A–4 (10/15/08)
– – Use of social networking sites to fill jobs can diminish applicants' chances, survey shows, 197:A–6 (10/10/08)

INVESTIGATIONS

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

IOWA

– DOL grants, layoffs, $200K, In Brief, 196:A–14 (10/9/08); plant closure, retraining, $428K, In Brief, 210:A–8 (10/30/08)
– FMLA retaliation, state 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)
– Wage and hour violations, state fines Agriprocessors nearly $10.3M, orders $250K in back pay, 210:A–5 (10/30/08)

IUE-CWA

See ELECTRONIC WORKERS (IUE-CWA)

IUOE

See OPERATING ENGINEERS (IUOE)

IUPAT

See PAINTERS AND ALLIED TRADES (IUPAT)

IWW

See INDUSTRIAL WORKERS OF THE WORLD (IWW)