Labor Relations Week Index-Summary

E-MAIL

– Electronic filing, NLRB amending procedures to include use of e-mail to serve documents on other parties, 201
– Employer property, disciplining employees for using e-mail for union communication and banning display of union insignia is ULP (D.C. Cir.), 1091
– New technologies, familiarization urged, attorney-client privilege could be compromised, attorneys say, conference, 528
– Wash. patrol conducts criminal probe of privacy act e-mail inadvertently sent to state legislators by Wash. State Labor Council, 455

E-VERIFY PROGRAM

See EMPLOYMENT ELIGIBILITY VERIFICATION

EARLY RETIREMENT

– Buyout programs offering vehicle vouchers and lump-sum payments to hourly employees announced by GM and Chrysler, 196; Chrysler offers expanded buyouts at six plants slated for closure, 801
– USPS offers to cut costs, 476

EARNINGS

See WAGES AND SALARIES

EBSA

See EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)

See EUROPEAN COMMISSION (EC)

ECI

See EMPLOYMENT COST INDEX (ECI)

ECONOMIC ACTIVITY

– Am. investment and financial system regulation, AFL-CIO delegates approve resolutions, convention, 1480; Trumka urges new regulations and strict oversight, 1529
– American Recovery and Reinvestment Act

– – Law

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– – Legislation

See LEGISLATION, FEDERAL, HR 1, S 336

– – Women, changes to UI and job training urged, conference, 414

– China, downturn impacting enforcement of nationwide labor pact law, labor groups say, 333
– CPI-U and CPI-W

See CONSUMER PRICE INDEX (CPI)

– Employee benefits

– – 401(k) plans, collapse of financial markets, impact on balances, report, 420
– – Health insurance

See Health insurance, this heading

– – “New economic realities” cause greater value on, MetLife survey, 542
– – Small businesses, downturn forcing employers to cut back, study, 1076

– Federal economic indicators, OMB issues 2010 schedule, In Brief, 1524
– G-20 summit leaders agree to promote job growth, DOL Sec'y plans labor ministers meeting in 2010, 1562
– Global economy

See INTERNATIONAL LABOR

– GM/Chrysler bailout funds expected contingent on showing of progress toward profitability, worker concessions critical, 5; UAW and GM concession talks underway, 86
– Greenhouse gas emissions, House bill to cap would temporarily slow economic growth, CBO report, 1611; Senate bill, see LEGISLATION, FEDERAL, S 1733
– Health insurance

– – Real income growth, half could end up on spending, even if rate slows, analysis, 1491
– – Reform

– – – AFL-CIO Pres. offers proposals to government to control costs and improve economy, conference, 216
– – – Recession, employers' recovery concerns tied to fears about cost, survey, 1116

– – Spending by U.S. workers declining as costs rise, study, 74

– Household spending, wage and salary workers boosted by 1.8% in 2007, survey, 689
– Industrial productivity

See PRODUCTIVITY

– Infrastructure key to job growth, job crisis severe and recovery slow, speakers say, conference, 1723
– Manufacturing

See MANUFACTURING

– National Labor Coordinating Comm. (NLCC) members meet with Obama to discuss EFCA (HR 1409, S 560), health care and the economy, 1125
– Pay data

See WAGES AND SALARIES

– Productivity

See PRODUCTIVITY

– Residence change 12.3% in 2008, Census Bureau says, 689
– Restructuring impacts wage disparity, unemployment, productivity, training, skills and minimum wage, conference, 696
– Undocumented workers, legalization would enhance recovery, speakers say, 651; legalizing and instituting guestworker program economically beneficial, study, 1447
– Unemployment rates

See UNEMPLOYMENT RATES

– Union approval rating down in 2009, Gallup poll, 1436
– Women

– – ARRA, changes to UI and job training urged, conference, 414
– – Nonfarm payroll jobs grew despite recession and job losses, BLS report, 368
– – Recession, impact on earnings and employment, forum discussion, 825

– Working families, effects of economic crisis highlighted, protests against banks planned, SEIU report, 1565

ECONOMIC OUTLOOK

– Education and training to prepare workers to compete for jobs of the future urged, Council of Econ. Advisers report, 1156
– Employment cost index (ECI)

See EMPLOYMENT COST INDEX (ECI)

– Green jobs

See GREEN JOBS

– Hiring

See HIRING

– Labor and Employment Relations Ass'n annual meeting, best methods for Obama administration to stimulate economy discussed, 63
– Middle-skill jobs will continue to rise despite economic downturn, report, 375
– Productivity

See PRODUCTIVITY

– Recession

– – ARRA, CBO says stimulus will not end recession, but prevent longer-lasting slump, 292; economists say stimulus will shorten recession, efforts to loosen credit ineffective, NABE survey, 375
– – Blue Chip Econ. Indicators, recession expected to be longest and deepest since World War II, survey, 30; GDP will fall 2.6% in 2009, recovery starting before end of year, 607; forecasters expect end by summer, but unemployment rate will increase, 1145
– – BNA midyear survey, recession will start to end in second half of 2009, slow recovery expected in 2010, 1100
– – Bush report forecasts growth around 0.6%, with recession rebounding in 2010, 141
– – Business cycles, recession and economic shifts erode job prospects, expanded retraining urged, study, 1381
– – Econ. Recovery Advisory Bd., Obama appoints expert advisers to help turnaround economy, 255
– – End in sight, but jobless workers unlikely to feel it for months, analysts say, 1264
– – Fed. Reserve head Bernanke declares probable end, labor markets slow to rebound, 1524
– – Latino immigrants, impact

– – – Job training, math and science degrees, DOL Sec'y Solis urges, Hispanic Caucus, 1527
– – – Pew Hispanic Ctr. report, Dec. 2008, 42; Feb. 2009, 302

– – Multinational firms, recession and productivity reason for job loss, not offshoring, study, 457
– – NABE survey

– – – Monthly reports, Jan. 2009, 177; Feb., 328; Mar., 375; Apr., 648; May, 899; June, 1185; Aug., 1424; Oct., 1685
– – – Quarterly reports, 3rd quarter 2009, 1725

– – Older workers, impact, analyses, 376
– – Recovery may occur no earlier than 2nd half of 2009, possibly later, analysts predict, 213
– – Unemployment rates, Black, Hispanic and single-parent households had higher rate in 2008, Census Bureau, 369
– – Women

– – – Earnings and employment, impact, forum discussion, 825
– – – Nonfarm payroll jobs grew despite recession, job losses, according to BLS, 368

– Recovery

– – Am. Recovery and Reinvestment Act

– – – Law

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– – – Stimulus bills

See LEGISLATION, FEDERAL, HR 1, S 336

– – Chamber of Commerce pledges support for a plan and releases its annual “State of Am. Bus.” report, 110; chief economist predicts modest growth by fall, double-dip recession problematic, 1067
– – EPI analysts predict Americans face deficit of 10M jobs, slow wage growth after recovery, 977
– – House Democratic leaders unveil $825B package, 127
– – Labor policy reform

– – – Crisis could bring changes, NLRB's Liebman and others say, conference, 613
– – – Debate over policies to help rebuild economy, MIT professor urges, 613

– – Manufacturing sector must be bolstered to jump-start economy and create jobs, Brown (D-Ohio) says, 1070
– – New administration, best ways to stimulate economy is by job creation, pay hikes, funding state and local government shortfalls, meeting, 63
– – President Obama calls for swift action by Congress, Special Report, 112
– – Recession, recovery may occur no earlier than 2nd half of 2009, possibly later, analysts predict, 213
– – Work and family issues and immigration policy, changes in how employers deal with key to recovery, speakers say, conference, 296

– Stimulus plans

See STIMULUS PLANS

– Unemployment

See UNEMPLOYMENT RATES

– Wage trend indicator (WTI)

See WAGES AND SALARIES

– Workload increase preferable to pay cut to avoid layoff, Harris employee survey, 114
– Young workers, AFL-CIO Sec'y-Treas. urges workers to shape labor movement's agenda, conference, 1665

EDUCATION

– Child labor, coordination among interest groups and businesses key to prevention in developing countries, speakers say, forum, 985
– Displaced workers, DOL and Educ. Dep't launch website, 767
– Health insurance reform, education campaign launched in nearly every state to inform public and urge Congress to act, 149
– Job impact of college enrollment and non-enrollment on 21-year olds, BLS report, 178
– Readiness gap, ill-prepared workforce, extra level of training for new employees, partnerships with colleges urged, report, 1232
– Retirement, incentives and education urged to add number of workers who choose rollover rather than lump-sum payment when changing jobs, EBRI report, 151
– Training

See TRAINING

EDUCATIONAL INSTITUTIONS

– Community college graduates, Obama proposes $12B initiative to educate and train for new jobs in changing economy, 1135
– Conn., E. Granby, AFSCME breached fair representation duty by pursuing pay disparity claim and refusing to include sec'y in proceedings (Conn. App. Ct.), 60
– Job creation in high-tech, collaboration between government, academic institutions, and private industry, speakers tout, conference, 408
– Mich., law allowing community colleges to partner with employers to provide training in high-demand fields signed, 73
– Parent-teacher conferences and academic activities, gov. signs bill offering unpaid leave to state employees, 947
– Stanford Univ. and SEIU Local 2007 ratify pact, 1405
– State Univ. of N.Y. Research Found., CWA Local 1104 certified as bargaining agent for research assistants, 31
– Yale Univ., pact with UNITE HERE Locals 34 and 35 ratified, 594

EEOC

See EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)

EEOICPA

See ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT (EEOICPA)

ELECTIONS

– Union officers and governance

See UNION INTERNAL ELECTIONS

– Union representation

See REPRESENTATION ELECTIONS

ELECTRICAL, RADIO, AND MACHINE WORKERS (UE)

– Aluminum Casting and Eng'g, NLRB ruling that limits back pay award to workers denied across-the-board hikes overturned (7th Cir.), 1419
– Local 1110, window maker closing plant, moving operations, and refusing to bargain in good faith after sit-in was ULP, 50; displaced workers expect to return to work after plant sold to green employer, 352

ELECTRICAL WORKERS (IBEW)

– Avaya, pact ratified, 1211
– Kennecott Utah Copper, USW, IBEW, IAM Local 568, IUOE Local 3 members vote to ratify pact, 1578
– Local 3, N.Y. Hotel and Motel Trades Council face arbitration for resisting pay and benefit cuts, 591
– Local 21

– – AT&T, pact attained, 1333; pact ratified, 1580
– – FMLA, Ill. Bell Tel. union stewards denied leave credit for hours spent enforcing union pact has claim (N.D. Ill.), 211
– – Lucent Techs. had no duty to bargain over move to merge installers to another larger bargaining unit (9th Cir.), 726

– Local 131, recognition unlawfully withdrawn when reassignment combined represented and unrepresented workers, injunction denied (W.D. Mich.), 813
– Local 159, race bias, black electrician denied membership and job referrals may proceed to trial (W.D. Wis.), 133
– Local 220, pact with Lockheed Martin approved, 843
– Local 269, sign ordinance banning display of inflatable rat to protest use of nonunion contractor violates First Amend., conviction of IBT official overturned (N.J.), 245
– Locals 499, 109, pact ratified with MidAm. Energy, 637
– Local 702, nonunion contractor who sued under Ill. antitrust law after losing construction pact to union firm has claim reinstated (7th Cir.), 606
– Local 777, pact ratified with Metropolitan Edison Co., 1130
– Local 1269, ad sales reps RICO Act claim alleging accounting fraud in violation of LMRA §302 may proceed (D. Ariz.), 645
– Local 1347, vote on tentative pact with Duke Energy slated for Apr. 24, 597; pact ratified, 677
– Local 2327, FairPoint Communications files Chapter 11 bankruptcy reorganization, pact concession talks continue (S.D.N.Y.), 1707
– Philips Display Components, retirees may proceed with ERISA, LMRA claims challenging benefit cuts (6th Cir.), 1472
– Sys. Council U-19, Ala. Power workers ratify pact, 1407

ELECTRONIC FILING

– Documents, NLRB amending procedures to include use of e-mail to serve other parties, 201
– My Plan Admin. Account, PBGC announces free webcasts, In Brief, 1468
– NMB extends E-filing trial period and comments until Aug. 10, In Brief, 1136

ELECTRONIC MAIL

See E-MAIL

ELECTRONIC MONITORING

– New technologies, familiarization with urged, attorney-client privilege could be compromised, attorneys say, conference, 528
– Web postings on blogs or social networking, experts offer employers tips for avoiding liability, Analysis and Perspective, 1151

ELECTRONIC WORKERS (IUE-CWA)

See now INDUSTRIAL DIVISION (IUE-CWA)

ELECTRONICS INDUSTRY

– IUE-CWA, pacts with

See INDUSTRIAL DIVISION (IUE-CWA)

– Philips Display Components, retirees may proceed with ERISA, LMRA claims challenging benefit cuts (6th Cir.), 1472

ELEVENTH AMENDMENT

– Off-the-clock work, Amend. no bar to bus driver's FLSA collective action against Pa. transit agency (U.S., rev den), 897
– Sovereign immunity

See SOVEREIGN IMMUNITY

EMBEZZLEMENT

– IAM Dist. 9, Health and Welfare Fund administrator pleads guilty (E.D. Mo.), 757
– LIUNA Local 500, former recording sec'y who pleaded guilty under LMRDA gets probation (N.D. Ohio), 197
– USW Local 2-1019, former financial sec'y sentenced, ordered to pay restitution (W.D. Mich.), In Brief, 513

EMERGENCY MEDICAL SERVICES (NEMSA)

– Am. Med. Response, representation pact certified, 31

EMERGENCY SERVICES

– Am. Med. Response, NEMSA representation pact certified, 31
– Swine flu (H1N1)

See generally H1N1 VIRUS

EMOTIONAL DISTRESS

– FELA, fear of developing cancer valid basis for damages only where shown to be “genuine and serious,” $5M award overturned due to improper jury instruction (U.S., rvs), 892

EMPLOYEE BENEFITS

See also specific benefits
– America's Affordable Health Choices Act

See LEGISLATION, FEDERAL, HR 3200

– BLS report, Mar. 2009, 1265
– Collectively bargained plans, chemical firm must arbitrate changes with USW (2d Cir.), 727
– Defined benefit plans

See DEFINED BENEFIT PLANS

– Domestic partners

See DOMESTIC PARTNERS

– Economic downturn, impact

– – Cutbacks, slowdown triggered in 2008, Chamber reports, 541
– – “New economic realities” cause employees to place greater value on benefits, MetLife survey, 542

– ERISA

See ERISA

– Family-friendly policies, unionization has positive impact, except in flexible work arrangements, report, 1197
– Green firms offer low wages and inadequate benefits, report, 223
– Health and Welfare Fund administrator with IAM Dist. 9 pleads guilty to embezzling funds (E.D. Mo.), 757
– Md., legislation requiring new hires be notified of rate of pay, pay days and benefits enacted, 299
– New contributory plan criminal project would prosecute violators, EBSA's Borzi says, 1467
– Retiree health benefits

See RETIREE HEALTH BENEFITS

– San Francisco's progressive labor standards, panelists praise, 104
– Small firms, economic downturn forcing employers to cut back, study, 1076
– Voluntary and involuntary unpaid leave, impact of furloughs on fringe benefits, Analysis and Perspective, 941 et seq.
– Voluntary benefits would “grow in popularity” if employers reduce provided coverage, survey, 1698

EMPLOYEE BENEFITS SECURITY ADMINISTRATION (EBSA)

– Ass't Sec'y, Borzi nominated, 543; nomination sent to Senate, 701; Senate approves nomination, 1159
– Criminal project, Borzi announces new contributory plan to prosecute violators, 1467
– Disclosure, failure to disclose documents, final rule covering authority to assess civil penalties issued, 54
– DOL semiannual regulatory agenda includes plan assets, participant contributions and genetic data bias, 786
– ERISA Advisory Council, nominations sought, In Brief, 1252
– FY2010, House Appropriations Comm. approves $154M budget, 1174
– Investment advice, final rule on advice that fiduciaries give criticized by Miller (D-Calif.), 129; rule delayed to consider legal and policy issues, 481; second rule delay announced, In Brief, 891

EMPLOYEE RETIREMENT INCOME SECURITY ACT

See ERISA

EMPLOYEE STATUS

– Independent contractors

See INDEPENDENT CONTRACTORS

– Interns and residents are employees, representation election ordered (NLRB), 885

EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

– ERISA, employees who cashed out have standing to sue for fiduciary breach (D.N.D.), 402

EMPLOYMENT AGREEMENTS

– Confidentiality, temporary agency that fired worker for violating overly broad provision violated NLRA §8(a)(1), two-member NLRB ruling upheld (1st Cir.), 439; (U.S., petition filed), 1415
– ERISA, retiree health care changes violated 1985 plant closing pact, class certified (E.D. Wis.), 936
– Ill., temporary labor services may recover attorneys' fees in breach of contract suits, 1388

EMPLOYMENT AND TRAINING ADMINISTRATION (ETA)

– Ass't Labor Sec'y, Oates nominated, 661; Senate HELP Comm. approves nomination, In Brief, 993; Senate approves nomination, 1077
– FY2010, House Appropriations Comm. approves $8.67B budget, 1174
– Health care jobs, $220M in training grants available, 1175
– Trade and Globalization Adjustment Assistance Act, ETA proposes rule to implement changes to state TAA funding, personnel, summary, 1251
– Unemployment insurance

See generally UNEMPLOYMENT INSURANCE

– WIA

See WORKFORCE INVESTMENT ACT (WIA)

EMPLOYMENT COST INDEX (ECI)

– Quarterly reports, BLS report, 65; 214; 1264

EMPLOYMENT ELIGIBILITY VERIFICATION

– E-Verify program

– – Action directive on immigration, DHS Sec'y Napolitano issues, includes E-Verify, In Brief, 205; top priorities include immigration law enforcement and improving E-Verify, Napolitano says, Senate hearing, 766
– – Am. Recovery and Reinvestment Act

See LEGISLATION, FEDERAL, HR 1

– – Border Control and Contractor Accountability Act

See LEGISLATION, FEDERAL, HR 1668

– – Cal. gov. vetoes bill banning local governments from requiring employers to use, 1695
– – Employee Verification Amend. Act

See LEGISLATION, FEDERAL, HR 2679

– – E.O. mandating use, business coalition files suit challenging (D. Md.), 12; implementation of E.O. and FAR rule postponed, 96; implementation postponed until May 21, 204; implementation postponed until June 30, 640; implementation postponed until Sept. 8, 889; DHS plans to implement mandate, Sec'y Napolitano says, 1090
– – FY2010 appropriations bill

– – – House panel approves, includes 2-year E-Verify extension, 930; for further action, see LEGISLATION, FEDERAL, HR 2892
– – – Senate bill includes 3-year E-Verify extension, 1009

– – SSA no-match letters, DHS granted time extension to review rule (N.D. Cal.), 1015; DHS announces intention to rescind rule, 1090; DHS issues proposed rule to rescind, 1371; DHS issues final rule to rescind no-match regulation, 1581
– – State and local immigration laws, federal system creates fight over preemption, Special Report, 616 et seq.

– Labor Outlook 2009, SplSupp (01/29/09)
– Utah, legislation adopted, 299; gov. signs bill, 578

EMPLOYMENT STANDARDS ADMINISTRATION (ESA)

– Labor Outlook 2009, SplSupp (01/29/09)
– Reorganization, ESA will be abolished in Nov., W&H Div., OLMS, OFCCP and Workers Comp. Office will report to DOL Sec'y, 1175

ENERGY DEPARTMENT (DOE)

– FLSA violations, Sandia Laboratory facility to pay $2M settlement, 95

ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT (EEOICPA)

– Oak Ridge Natl. Lab., Paducah Diffusion Plant, DOL pays over $4.8B in pay and medical benefits to atomic claimants, 890

ENERGY PROVIDERS

See UTILITIES

ENGINEERING EMPLOYEES IN AEROSPACE (SPEEA)

– Local 2001

– – Boeing, Wichita, Kan., previously stalled contract talks set to resume, 15; SPEEA advises members to reject pact, 199; members reject “best and final” offer, 240; pact offer accepted, 516
– – Spirit Aerosystems, Wichita Eng'g Unit members will vote on pact that includes controversial overtime and pay provisions, 1130; offer rejected, parties to renegotiate, 1210; SPEEA urges ratification, 1548; pact ratified, 1626

ENGINEERS

– Operating engineers union

See OPERATING ENGINEERS (IUOE)

ENTERTAINMENT INDUSTRY

– AMPTP

See generally MOTION PICTURE AND TELEVISION PRODUCERS (AMPTP)

– Anti-EFCA online video game set in tattoo parlor created by Alliance for Worker Freedom, 1207
– Badlands Golf Course, NLRB ruling that recognition withdrawal from LIU Local 872 lawful after reasonable time for talks elapsed overturned (9th Cir.), 768
– Casinos

See CASINOS

– Disneyland hotel workers reject UNITE HERE Local 11 pact offer due to health care changes, 241; pact rejected, 1289
– Kravis Ctr., declaring impasse and unilaterally implementing final proposal and withdrawing recognition from IATSE were ULPs, bargaining ordered (D.C. Cir.), 57
– PPF Local 38-owned resort and spa, allegedly renovated using union pensions fund, announces closure, 1458
– Royal Caribbean Cruise Lines, arbitration provisions enforceable, bargaining and individual job pacts not FAA-exempt as seamen's employment contracts (U.S., rev den), 1013
– SAG

See generally SCREEN ACTORS GUILD (SAG)

ENVIRONMENT

– Clean energy

See CLEAN ENERGY

– Climate change

– – Labor-management cooperation may help bill passage, IBEW official says, 1564
– – Legislation

See LEGISLATION, FEDERAL, HR 2454

– – Made in Am. Jobs tour to promote clean energy, job creation and climate change, leaders announce kickoff, 1368
– – Senate bill could jeopardize over 4M manufacturing, service jobs unless changes to House version made, 1610

– FTAs provide commercial benefit, but more results needed on labor and environment, GAO report, 1355
– Gas emissions

– – Cal. ports clean-trucks program barring independent contract drivers likely unconstitutional, preempted (9th Cir.), 485; injunction blocking concession agreements issued (C.D. Cal.), 728
– – Greenhouse, House bill to cap would temporarily slow economic growth, CBO report, 1611; Senate bill, see LEGISLATION, FEDERAL, S 1733

– Green jobs

See GREEN JOBS

– Water Infrastructure Financing Act

See LEGISLATION, FEDERAL, S 1005

ENVIRONMENTAL PROTECTION AGENCY (EPA)

– Soil fumigant pesticides, farmworker coalition cites health hazards, asks EPA to reconsider decision allowing use, 1024

E.O.s

See EXECUTIVE ORDERS

EPA

See ENVIRONMENTAL PROTECTION AGENCY (EPA)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)

– ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

– ADEA

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Appointments and personnel changes

– – Acting chairman, vice chairs, Obama names Ishimaru and Griffin, 185
– – Chair, Obama to nominate Berrien, 1235
– – Chief internal mediation officer and director, Voloshin appointed, 871
– – Commissioner, Earp resigns, 992
– – General counsel, Cooper steps down, In Brief, 225; Lopez nomination sent to Senate, In Brief, 1739
– – Member, Obama intends to nominate Feldblum, 1495; Obama sends Feldblum nomination to senate, 1568

– Budget

– – FY2009

See LEGISLATION, FEDERAL, HR 1105

– – FY2010, Obama proposes $367M, 792; House Comm. approves bill, 929; Senate Appropriations Comm. approves bill, 1050; for further action, see LEGISLATION, FEDERAL, HR 2847

– Caseload projected to reach record high, more staff and budget needed, conference, Special Report, 1272
– GINA, proposed rules will be published, triggering 60-day comment period, In Brief, 360; EEOC plans to issue final rule to implement job provisions, 788; insert references into some of existing procedural regulations proposed, 847; EEOC approves proposed final rule to implement for OMB review, In Brief, 1295
– Labor Outlook 2009, SplSupp (01/29/09)
– Lilly Ledbetter Fair Pay Act, EEOC revises manual to conform with Act, 1339
– Overtime pay, requiring employees take compensatory time off in lieu of FLSA violation (Arb.), 525
– Systemic bias, Ishimaru and private attorneys discuss EEOC's emphasis on cases, 297

EQUAL PAY ACT

– Lilly Ledbetter

– – Ind. gov. signs bill expanding filing options, adopts limitation standard, 1443
– – Iowa gov. signs bill, liquidated damages allowed, 745
– – Law

See LILLY LEDBETTER FAIR PAY ACT

– – Legislation

See LEGISLATION, FEDERAL, HR 11, S 181

– – Md. gov. signs Lilly Ledbetter Civil Rights Restoration bill, 656

– Paycheck Fairness Act

See LEGISLATION, FEDERAL, HR 12, S 182

– Title VII Fairness Act

See LEGISLATION, FEDERAL, S 3209

EQUAL PROTECTION

– Reverse race bias, discarding promotion exam results favoring White and Hispanic Conn. firefighters to avoid suit by black candidates who failed unlawful (U.S., rvs, rem), 1055
– Strike, Chicago, alderman violated NLRA by denying operating permit to hotel owner being struck by UNITE Local 1 (N.D. Ill.), 1588

EQUIPMENT AND TOOLS

– Donning and doffing

See CLOTHES CHANGING

– Medical

See MEDICAL EQUIPMENT AND SUPPLIES

– Personal protective equipment

See PERSONAL PROTECTIVE EQUIPMENT (PPE)

ERGONOMICS

– MSDs

See MUSCULOSKELETAL DISORDERS

– OSH Act general duty clause will be used by OSHA to cite employers for hazards, 778; evidentiary criteria limit use of clause to cite hazards, 984
– Standard, OSHA plans to address within a few years, Barab says, convention, 1104; business groups strategize to thwart anticipated rulemaking, 1691

ERISA

– Actuarial equivalence requirement, challenge to whether Xerox's calculation methods violate (U.S., invitation to file brief), 365
– ADA, disabled retirees not qualified to perform essential functions lack standing to sue over pension cuts (U.S., rev den), 1060
– Anti-alienation, bankruptcy code's automatic stay provision violated by IUPAT pension fund's offset of debtor's benefits (7th Cir.), 685
– Arbitration, challenge to whether arbitration with union over amendments chemical firm made to employee benefit plans required (U.S., rev den), 171
– Controlled group, methods for identifying employer in registration statement for single pension plan, DOL advisory opinion, 55
– DOL Advisory Council, nominations sought, In Brief, 1252
– Failure to disclose documents to participants and beneficiaries, DOL issues final rule covering authority to assess civil penalties, 54
– Fiduciary duties

See FIDUCIARY DUTY

– §501, Ford violated by failing to honor 1989 rehire vow, status benefit questioned (E.D. Mich.), 1681
– 401(k) Fair Disclosure and Pension Sec. Act

See LEGISLATION, FEDERAL, HR 2989

– Health insurance

– – CHIP Reauthorization Act, program expansion amends Act to allow coordination with employer-provided plans, 243
– – “Pay or play,” ERISA does not preempt San Francisco's ordinance (9th Cir., petition for rehearing en banc denied), 400; (U.S., application for stay denied), 510; employers adapting to pay or play requirement, grappling with taxes and payment options, legal challenges continue, Analysis and Perspective, 904; ERISA Indus. Comm. (ERIC) and Natl. Bus. Group on Health (NBGH) file amicus curiae brief (U.S., petition filed), 1178; (U.S., solicitor general's brief filed), 1596
– – Retiree benefits

See RETIREE HEALTH BENEFITS, subheading: ERISA/LMRA

– Lump sum distributions

– – Award, steel retirees' $46.2M for miscalculations left intact, no review conducted on remedies available for statutory violations of ERISA (U.S., rev den), 98
– – Class action filed by union retiree alleging ERISA violation for failing to use whipsaw calculation (S.D. Ohio), 1142

– Multiemployer plans

See generally MULTIEMPLOYER PLANS

– Pilot pensions, ALPA bid to speed up appeal over legality of target benefit plan rejected (D. Minn.), 1380
– Post-retirement work as baked goods distributor not same “trade or craft,” meat cutter's benefits improperly suspended (8th Cir.), 1254
– Preemption, funding deficiency and impact of recession discussed, conference, 536
– QDRO, recoupment of pilots' benefits obtained in “sham divorce” fails (S.D. Texas), 1721
– Terminated plan, PBGC request to transfer USW claim over denial of miners' plant shutdown benefits to federal court granted (D. Minn.), 441

ESA

See EMPLOYMENT STANDARDS ADMINISTRATION (ESA)

ESOPs

See EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

ETA

See EMPLOYMENT AND TRAINING ADMINISTRATION (ETA)

ETHICS

– Professional codes of conduct, ethics and integrity, website aimed at increasing awareness launched, 863
– SEIU Intl. Ex. Bd. approves ethic codes and conflict of interest policy, 957

EUROPEAN COMMISSION (EC)

– Electrical product safety testing, OSHA seeks comments on proposal, In Brief, 69

EVIDENCE

– Burden of proof

See BURDEN OF PROOF

– Race bias

– – “Cat's paw” theory, factory worker failed to prove biased supervisor influenced decisiomaker to fire him under (6th Cir.), 102
– – Disparate impact, expert evidence on disparate impact rejected, retaliation claim revived (8th Cir.), 814

– Salting, SMWIA and CJA challenge to NLRB's evidentiary rule for determining back pay for “illegally discharged salts” is premature (D.C. Cir.), 563

EXECUTIVE COMPENSATION

– Excessive pay, top 5 bank executives receiving bailout money were paid $3.2B from 2006-2008, survey, 1493
– Honda N. Am. offers voluntary retirement and separation packages, labor cost cuts include reduction in production days, bonuses and managers pay, 675
– Management incentive program, Tribune Co. ordered to disclose $70M plan to WBNG Local 32035 (Bankr. D. Del.), 1343
– PayWatch website highlights 10 case studies of worst CEO pay practices, 622
– Performance-based and aligned with long-term shareholder interests, Bus. Roundtable argues for, 297
– Reform and investigation by company boards of directors urged by consortium of union pension funds, 633
– TARP aid, limits for firms receiving

See LEGISLATION, FEDERAL, HR 1095, HR 1644, S 133

EXECUTIVE ORDERS

– Automotive Communities and Workers Council, Obama signs E.O. creating cabinet-level task force aimed to help laid off workers, 1000
– Federal contractors

– – E-Verify, E.O. 12989

See EMPLOYMENT ELIGIBILITY VERIFICATION

– – Workers' rights, Obama issues 3 labor-friendly orders, summary, 191; OLA rescinds rules requiring posting notices informing employees of their rights not to join union, 516; OLMS proposes notification of NLRA rights, 1241; OLMS seeks comments for information collection, In Brief, 1414; businesses criticize NLRA employee rights notice, Analysis and Perspective, 1642 et seq.

– PLA agreements, Obama signs E.O. that urges federal agencies to consider requiring use of PLAs for large-scaled, federally funded construction projects, 242
– Women and Girls, White House Council on, Obama signs E.O., 435