Daily Labor Report® Index-Summary

WAGE AND HOUR DIVISION

– Houston office reopens after Hurricane Ike, In Brief, 196:A–14 (10/9/08)
– Opinion letters

– 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)
– SCA, DOL recovers over $2M in back pay for Katrina, Rita cleanup workers, 226:A–8 (11/24/08)

WAGES AND SALARIES

– BLS reports

– – Employment Cost Index

See EMPLOYMENT COST INDEX (ECI)

– – Labor force characteristics by race, ethnicity, 2007, pay gaps compared, 198:A–10 (10/14/08)
– – Real weekly earnings, Sept., 2008, 201:D–18 (10/17/08); Nov., 2008, 242:D–15 (12/17/08)
– – Total compensation costs, private sector, 3d quarter, 2008, 238:D–1 (12/11/08)
– – Usual weekly earnings, third quarter, 2008, 202:D–1 (10/20/08)

– Collective bargaining

– – Average first year wage increases, 2008, year-to-date, BNA report, 196:D–1 (10/9/08); 198:D–7 (10/14/08); 205:D–12 (10/23/08); 215:D–1 (11/6/08); 225:D–25 (11/21/08); 233:D–14 (12/4/08); 243:D–4 (12/18/08)
– – Deferred wage increases payable in 2009, BNA report, 226:D–18 (11/24/08)

– Distribution of wealth

See INCOME DISTRIBUTION

– ECI

See EMPLOYMENT COST INDEX (ECI)

– Federal employees pay hiked, 3.9 percent increase effective Jan., 2009, In Brief, 245:A–16 (12/22/08)
– Nonprofit sector's average hourly earnings compared with private sector rates, by occupation, BLS reports, 214:A–9 (11/5/08)
– Pay gap

See PAY EQUITY

– Personal income, BEA data

– – By state, 2007, revised, 205:D–8 (10/23/08); third quarter, 2008, 244:D–4 (12/19/08)
– – Monthly report, Sept., 2008, 212:D–3 (11/3/08); Oct., 2008, 229:D–1 (11/28/08); Nov., 2008, 248:D–1 (12/29/08)

– Sales of businesses, changes in employment levels, wages vary with new ownership, BLS report, 202:A–6 (10/20/08)
– Union-represented women earned more than nonunion counterparts, policy group reports, 232:A–7 (12/3/08)
– Wage trend indicator (WTI), 2008 third quarter, final, BNA report, 199:D–1 (10/15/08); 2008 fourth quarter, preliminary, 222:D–1 (11/18/08); 2008 fourth quarter, revised, 243:D–1 (12/18/08)

WAIVERS

– ADEA

– – Pact arbitration clause void to extent it waives right to sue under federal statutes (U.S., oral arg), 231:AA–1 (12/2/08)
– – Retaliation, severance conditioned on unlawful release, $295K settles EEOC claims on behalf of manager fired at age 61 (D. Md.), 220:A–1 (11/14/08)

– Affirmative defense lawfully raised in amended answer, release signed at buyout bars intentional tort claim filed 1 month earlier (6th Cir.), 224:A–8 (11/20/08)
– ERISA

– – 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)
– – Retiree who breached release of claims by suing for inclusion in deferred compensation calculations must repay severance (N.D. Texas), 218:A–5 (11/12/08)
– – 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)

– 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)

WAREHOUSES AND DISTRIBUTION CENTERS

– Safeway, Cal. IBT pact ratified, 204:A–5 (10/22/08)
– St. George Warehouse, ULPs, mitigation, back pay claimants have burden to prove reasonable efforts to find work, NLRB issues guideline memo, 195:A–1 (10/8/08); text, 195:E–1 (10/8/08)

WARN ACT

See WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

WASHINGTON

– Apprentices, DOL regulations dictate PPF program was joint employer for FMLA, WMLA coverage (W.D. Wash.), 229:A–8 (11/28/08)
– Budget, governor's proposal suspends state workers' pay raises, union urges legislative action, 245:A–7 (12/22/08)
– Campaign finance, Washington Educational Association

– – 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)
– – Union will pay $975K to settle dispute over use of nonmembers' agency fees (Wash. Super. Ct.), 234:A–6 (12/5/08)

– Domestic violence, public policy protects victims from leave-related discharge (Wash.), 203:A–4 (10/21/08)
– Home health care, training and certification, criminal background checks required for long-term caregivers, 215:C–2 (11/6/08)
– Port of Seattle, vested retiree benefits conferred in ILWU pact are deferred compensation surviving expiration of pact (Wash.), 202:A–4 (10/20/08)
– Sex bias, county held liable for prosecuting attorney's conduct, deputy attorneys' $1.5M jury award upheld, including fees, costs (Wash. Ct. App.), 229:A–3 (11/28/08)
– State workers ratify labor pacts requiring final approval from lawmakers, 193:A–7 (10/6/08)
– Unemployment benefits properly denied under employer-initiated layoff exceptions to statute, RIFd managers left voluntarily, without good cause (Wash.), 207:A–1 (10/27/08); text, 207:E–1 (10/27/08)

WASTE DISPOSAL

– Waste Mgt., Milwaukee IBT members ratify pact, end strike, 190:A–6 (10/1/08)
– Waste Mgt. of Mass, prevailing wage rate must be used to determine overtime on public projects (Mass.), 219:A–4 (11/13/08)

WEIGHT LOSS INDUSTRY

– LA Weight Loss Ctrs., Pure Weight Loss, sex bias, hiring, pattern or practice, $20M settles EEOC class claims on behalf of male applicants, but bankruptcy may reduce (D. Md.), 232:A–10 (12/3/08)

WHISTLEBLOWERS

– Cal., protections enacted for local government employees, 191:A–7 (10/2/08)
– Idaho, malice towards coworkers in secret time log entries is jury issue, retaliation claim revived (Idaho), 212:A–6 (11/3/08)
– Ill., sick building syndrome claims advance, state workers' comp law, IHRA no bar (N.D. Ill.), 249:A–6 (12/30/08)
– N.C., race and sex bias, retaliation, police commander alleging whistleblower role in ticket-fixing probe lacks Title VII claims (4th Cir.), 214:A–1 (11/5/08)
– Pa., auditor had no statutory duty to report safety violations to FDA, firing lawful (3d Cir.), 198:A–2 (10/14/08)
– Sarbanes-Oxley Act

See SARBANES-OXLEY ACT (SOX)

– STAA

See SURFACE TRANSPORTATION ASSISTANCE ACT (STAA)

– Utah, chemical agent disposal, firing claim rejected, reports on leak misled investigators, endangered public (DOL ARB), 216:A–8 (11/7/08)

WIA

See WORKFORCE INVESTMENT ACT (WIA)

WISCONSIN

– ADA, Rehabilitation Act, layoff policy neutrally applied, no duty to override IBT pact to accommodate city bus driver (7th Cir.), 237:A–1 (12/10/08)
– ADEA, sex bias, laid-off worker denied recall rights wins jury verdict, city settles claim prior to oral argument on appeal (7th Cir.), 192:A–4 (10/3/08)
– DOL grants, TAA for dislocated workers, In Brief, 192:A–12 (10/3/08)
– Sick leave, Milwaukee third U.S. city to guarantee under ordinance, 215:C–4 (11/6/08)
– Wis. State Empl. Union, modifications to ERISA plan 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)

WOMEN

– Compensation

– – Pay equity, gender gap grew slightly in 2007, BLS women's earnings report, 202:A–8 (10/20/08)
– – Union-represented women earned more than nonunion counterparts, policy group reports, 232:A–7 (12/3/08)

– Full-time workers, 2007 report on work experience of the population, BLS data, 238:D–21 (12/11/08)
– Labor force characteristics by race, ethnicity, 2007, BLS report compares pay gaps, 198:A–10 (10/14/08)
– Political candidates should woo women voters with family-friendly policies, panel says, 191:A–9 (10/2/08)
– Pregnancy bias

See PREGNANCY DISCRIMINATION; PREGNANCY DISCRIMINATION ACT (PDA)

– Retirement

– – Gender gap in employer-provided pension, annuity income expected to close for future generations, EBRI reports, 232:A–4 (12/3/08)
– – Plan participation increasing, gender gap closing, EBRI study finds, 197:A–7 (10/10/08)

WORK/LIFE ISSUES

– Political candidates should woo women voters with family-friendly policies, panel says, 191:A–9 (10/2/08)

WORK STOPPAGES

– Lockouts

See LOCKOUTS

– Strikes

See STRIKES

WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

– Ainsworth Engineered (USA), one-week recall during mass layoff reduced job loss to less than 6 months, doomed claim (D. Minn.), 224:A–1 (11/20/08)
– ATA Airlines, bankrupt carrier settles claims over lack of shutdown notice, 195:A–8 (10/8/08)
– Lehman Bros. Holdings, 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)
– Republic Windows and Doors, Chicago workers protest, UE charges violation in sudden plant closure, 236:A–16 (12/9/08); cash commitments from banks resolve sit-in, 238:A–11 (12/11/08)

WORKERS' COMPENSATION

– Cal. 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)
– FECA

See FEDERAL EMPLOYEES' COMPENSATION ACT (FECA)

– Ky., construction contractor in prison for harboring undocumented workers pleads guilty to workers' comp fraud (Ky. Cir. Ct.), 243:A–6 (12/18/08)
– N.J., labor-friendly laws, policies touted by governor, 237:A–4 (12/10/08)
– Pa., mental stimulus causing psychic injury, disability benefits properly granted due to religious, sexual harassment (Pa. Commw. Ct.), 239:A–4 (12/12/08)
– RICO, pattern of activity shown, suit alleging scheme to deny benefits reinstated, Mich. law no bar (6th Cir.), 206:A–11 (10/24/08); text, 206:E–4 (10/24/08)
– Tenn., retaliation, failed drug test pretext, firm liable despite filing of benefits claim months after firing (Tenn. Ct. App.), 206:A–6 (10/24/08)

WORKFORCE INVESTMENT ACT (WIA)

– Federal training programs should follow lead of state and local programs, study shows, 226:A–3 (11/24/08)
– State planning

– – EBSA offers new guidance, In Brief, 230:A–7 (12/1/08)
– – Unified plans, Section 501, ETA releases instructions, updates to WIA/Wagner-Peyser Act, senior community service (SCSEP) rules, 232:A–10 (12/3/08)