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Vol. 23, Nos. 1-43, pp. 1-1740 Jan. 1-Oct. 29, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
FAA (FEDERAL ARBITRATION ACT)
Child labor
See CHILD LABOR
Donning and doffing
See CLOTHES CHANGING
Kansas wage and hour laws, Tyson production workers may collectively proceed with claims (D. Kan.), 326 Minimum wage
See MINIMUM WAGE
See OVERTIME
Skycaps claim that JetBlue violated Mass. wage law by instituting bag fees dismissed, FLSA claim may proceed (D. Mass.), 1346 Tips
See TIPS
Vietnamese restaurant violating ULP by promising pay hike if claim dropped, videotaping picketing and firing deliverymen (NLRB), 487
Agency fees renewals, USW annual filing requirement no breach (NLRB ALJ), 1298
Back pay, CWA member failed to prove employer breached duty by limiting pay for wrongful discharge (8th Cir.), 853 LMRA §301 preempts UAW members breach of contract and promissory estoppel claims under state law that GM improperly reduced their credited years of service (W.D. Okla.), 605 Pay disparity, AFSCME breached duty by filing and pursuing grievance to cut school sec'y's pay where more than another sec'y and refusing to include (Conn. App. Ct.), 60 Racial and sexual harassment, panel analyzes thorny issues raised when harasser anonymous or hard to identify, conference, 568 Railway Labor Act
Defined benefits, ALPA must defend pilots' class action challenging allocation of proceeds of convertible notes (N.D. Ill.), 1297; no fair representation duty breach, summary judgment granted to ALPA (N.D. Ill.), 1517
Older pilots, bargaining for pension biased against, claim against ALPA for breach may proceed (D. Minn.), 772 Restructuring Participation Agreement, validity of pact APFA reached with airline challenged, summary judgment on RLA provisions, state law and fair representation claims affirmed (2d Cir.), 1555
Mandatory retirement age, FAA final rule raises age from 60 to 65 to comply with 2007 law, 1134
Economic activity
Crisis, effect on working families highlighted, protests against banks planned, SEIU report, 1565
Recovery, speakers say changes in how employers deal with work and family issues and immigration policy key, conference, 296 Unemployment rates, Black, Hispanic and single-parent households had higher jobless rate in 2008, Census Bureau, 369 FLSA amended to offer comp time or overtime wages Middle-class working families task force Time use survey, BLS, 2008, 1066 Uninsured working families, 2007-2008 data, report, 419 Work and family balance
See WORK/LIFE ISSUES
Benefits in U.S. detailed, CRS report, 990
Domestic violence
Fla., legislation enacted, 299
Philadelphia employees entitled to 8 weeks of unpaid leave, 164 Family Income to Respond to Significant Transitions (FIRST) Act FMLA Portugal labor codes implemented with new comprehensive rules, 372 Regulations, reverses most restrictive
AFL-CIO delegates approve resolution to strengthen, convention, 1480
Airline flight crew, coverage for DOD Authorization Act for FY2010 Eligibility, factory worker who returned to work under ULP accord may not claim layoff time as hours of service (S.D Ohio), 325 Expand care to siblings, grandparents, domestic partners Healthy Families Act Interference, pilot instructor with sleep apnea fired for poor performance, urges resolution on whether burden shifting is appropriate (U.S., rev den), 646 Paid leave to care for family member The Balancing Act
H-2A visa program, UFW bid for injunction to postpone DOL rule denied, economic loss not irreparable harm (D.D.C.), 176
Soil fumigant pesticides, coalition asks EPA to reconsider decision allowing use, 1024 Vista Vineyard Mgmt., Cal. ALRB decertifies election results, 755
See AGRICULTURE
Combustible dust explosions and fire at sugar refinery preventable, CSB report finds, 1560
Contractor deaths, BLS will begin tracking in 2011, economist says, 332 Enhanced enforcement program, employers reporting deaths not always inspected or identified, IG report, 573 Explosion, CSB to probe at Slim Jim plant, 1069; CSB rejects safety bulletin recommendations from probe, 1525 Job-related injuries and illnesses understated, AFL-CIO urges more enforcement, funding and staffing, 693 Laundry facilities, OSHA settles case of worker who fell into industrial dryer, union protests, 32 Penalties
See PENALTIES
See also specific agencies and departments
New federal public-private job competitions, appropriations bill suspends under OMB Circular A-76, 438 Outsourcing, guidelines for bringing work back to federal employees required under signed appropriations bill, In Brief, 438 PLA agreements, Obama signs E.O. that urges agencies to consider requiring use of PLAs for large-scaled, federally funded construction projects, 242 Regulations, White House Chief of Staff orders halt to new or pending rules for publication until review and approval by agencies or Obama-appointed department heads, 122 Standard occupational classification system, federal government set to update job descriptions for all U.S. workers in 2010, Special Report, 336
Cruise line workers' individual job and bargaining pacts not FAA-exempt seamen's employment contracts, arbitration clauses enforceable (U.S., rev den), 1013
Jurisdiction, federal courts urged to look through petition under FAA §4 in deciding jurisdiction to compel arbitration (U.S.), 401 Shipping pact, arbitration of class claims allowable even where pact is silent in (U.S., rev grant), 967
Funding authority
Nomination, former ALPA president Babbitt nominated to head, In Brief, 543; Obama submits nomination to Senate, In Brief, 793; Commerce Comm. slated to vote on nomination, senators support, 859; Senate confirms nomination, 871 Reauthorization
Legislation
Rest periods, airlines sue over rest requirements for pilots and flight attendants on long-range flights (D.C. Cir.), 103; minimum rest requirements withdrawn, 479; ALPA and others offer differing views over FAA plan to update pilot flight and duty-time rules to prevent fatigue, Senate hearing, 1008; FAA head announces expedited review of flight- and duty-time rules for commercial pilots, 1047; FAA head seeks expedited rulemaking to update pilot flight- and duty-time rules, 1312
See BUDGET, U.S.
Director, Obama names Shiu, 1393
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
Army, Daimler Trucks awarded contract to make military trucks, Portland, Ore. plant will remain open, 1543
Border Control and Contractor Accountability Act Forced or indentured child labor, DOL seeks comments on updated labor products list requiring certification, 1466 Michael Bianco factory and president sentenced for INA, FLSA and criminal law violations, ordered to pay fines (D. Mass.), 237 Obama approach to labor and employment issues pragmatic, more aggressive on work-family issues, speakers say, ABA conference, 1260 OSHA inspections to increase on federal worksites for ARRA-funded projects, special focus on construction, Solis tells cabinet heads, 860 Procurement, stimulus package expands Berry Amend. to create textile and apparel jobs, 319 Stone & Webster Constr. pays $6.2M to settle charges over falsified safety records (E.D. Tenn.), 180 Workers' rights, Obama issues 3 labor-friendly E.O.s, 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.
Campaign financing, FEC limits on contributions to PACs struck down, differing views on First Amend. application (D.C. Cir.), 1556
Campaign financing
Corporate-funded messages about federal candidates, FEC regulation and disclosure challenged (U.S., oral arg), 524; reargument ordered (U.S., order), 1059; Citizens United challenges FEC, over 40 briefs submitted pending reargument (U.S., briefs filed), 1255; analysts offer differing views on impact of ending campaign spending limits, 1488; defenders urge justices to leave law intact (U.S., oral arg), 1514
Emily's List, FEC limits on contributions to PACs struck down, inconsistent with FECA, differing views on First Amend. application (D.C. Cir.), 1556
See also specific agencies and departments
Professional codes of conduct, ethics and integrity, website aimed at increasing awareness launched, 863
Emotional distress, 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
Preemption, Ohio state law requiring plaintiffs suing in state court on asbestos claims under FELA produce threshold medical evidence stands (U.S., rev den), 99
Acting chairman, Obama names Pope, 343
Refusal to bargain
NLRBPA, attorneys file ULP charge for refusal to bargain with certified bargaining unit that consolidated two separate units (FLRA), 550
NLRBU, refusal to bargain with union certified as representative in consolidated unit is ULP, 311
Arbitrator roster and incorporation of FOIA amendments, final rules expected by end of year, 789
Director, Obama nominates Cohen, 1077; HELP Comm. approves nomination, sends nomination to Senate, 1613 FY2010 budget, Obama proposes $46M, 791 Labor laws, fundamental reform needed, political and economic climate make change this year likely, 64 Labor-management cooperation, draft guidelines for committee grants issued, In Brief, 482; availability of grants announced, In Brief, 1136
See PREEMPTION
Administrator, Szabo nominated, In Brief, 501
Commuter RR workers, fatigue, schedules and sleep patterns examined, In Brief, 861 Hours of service
Recordkeeping and reporting requirements, final rule issued, procedures specified, 845
Rest periods, FRA proposed interpretation bans railroads from interrupting with communications to schedule work, 1046
Family leave benefits available in public, private sectors detailed in CRS report, 990
Defined benefit plans, employer may lose most senior and experienced workers once aware of benefit restrictions on underfunded plans, speakers say, 72
ERISA
AA Capital Partners, investment manager ordered to restore $50M in losses to 5 Mich. funds (N.D. Ill.), 1301
Adverse selection rule, drivers terminated from fund may proceed with claims against Cen. States Fund (D. Minn.), 287 Company stock
Class action filed alleging poultry firm breached duty over failure to disclose loss of retirement investments (E.D. Tex.), 135
Standing to sue for breach, employees who cashed out right to sue (D.N.D.), 402 Health benefits, retiree may sue for underfunding of plan even though ERISA imposes no minimum funding requirement (D. Conn.), 100 IBT benefit fund breached by refusing to return Bakery Drivers' surplus fund payments under trust-to-trust accord (C.D. Cal.), 131 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 SEIU may sue NUHW for breach alleging it diverted union benefit funds to establish itself as rival union (N.D. Cal.), 969
Am. investment and financial system regulation, AFL-CIO delegates approve resolutions, convention, 1480; Trumka says new regulations and strict oversight needed, 1529
AmeriServ. Fin., pact ratified with USW Local 2635-06, 1711 Bank of Am., NUHW files complaint with NLRB Reg. 32 questioning SEIU financial ties to, 1001 Citigroup plan to hike workers' base salaries to compensate for smaller bonuses, SEIU chairman and Dodd (D-Conn.) decry move, 1043 Discover Bank, federal courts urged to look through petition under FAA §4 in deciding jurisdiction to compel arbitration (U.S.), 401 Executive compensation, top 5 bank executives receiving bailout money were paid $3.2B from 2006-2008, survey, 1493 FBL Fin. Servs. ADEA, disparate treatment claims must prove but for cause, burden shifting inapplicable to mixed-motive claims (U.S), 1011 IndyMac Bank, bankrupt, PBGC takes over plan, In Brief, 1368 Merrill Lynch, Iranian Muslim fired for religion and national origin gets damages, EEOC accord (S.D.N.Y.), 62 Wells Fargo, Workers United threaten sit-in if creditors liquidate and close garment plant, 755 Working families, effects of economic crisis highlighted, protests against banks planned, SEIU report, 1565
W. Union Fin. Servs., PBGC negotiates deal to stabilize pension plan, 1368
See PENALTIES
Ariz. enacts gun law, 1696
Company property, OSH Act general duty clause does not preempt Okla. laws holding employers liable for banning guns in locked vehicles (10th Cir.), 331
Conn., discarding promotion exam results favoring Whites and Hispanics to avoid suit by black candidates who failed unlawful race bias (U.S., rvs, rem), 1055
Local 176, Intl. Paper will close 3 mills, 1708
Agency fees
Idaho law banning state employees' payroll deductions for political causes does not violate (U.S., rvs), 321
Me. State Employees Ass'n did not violate Amend. of objecting nonmembers by charging fees for litigation costs (U.S., aff), 170
Corporate-funded messages about federal candidates, FEC regulation and disclosure challenged (U.S., oral arg), 524; reargument ordered (U.S., order), 1059; Citizens United challenges FEC, over 40 briefs submitted pending reargument (U.S., briefs filed), 1255; analysts offer differing views on impact of ending campaign spending limits, 1488; defenders urge justices to leave law intact (U.S., oral arg), 1514
Emily's List, FEC limits on contributions to PACs struck down, differing views on First Amend. application (D.C. Cir.), 1556
IBEW, sign ordinance banning Local 269 from displaying inflatable rat to protest use of nonunion contractor violates First Amend., conviction of IBT official overturned (N.J.), 245
UNITE HERE, ruling that casino violated NLRA §8 by asking police to issue trespass citations to protesters withdrawn (NLRB), 725
Diverse range of employees with specific needs may benefit, 1730
Family-friendly policies, unionization has positive impact, except in flexible work arrangements, report, 1197 Health aspects of work flexibility practices, researchers highlight, 1693 Policies, pros include improved health, stress, absenteeism and, loyalty, experts say, 908 Strong business case for offering to low-wage workers and allowing more input, speakers say, 1154 Telecommuting
See TELECOMMUTING
Working Families Flexibility Act
Delta Airlines/Northwest Airlines, AFA asks NMB to declare single transportation system to spur representation election, 1211; delaying election while NMB considers request to change voting rules opposed, 1620
UAL, AFT, IAM and ALPA request NMB help with bargaining talks, 1290
Alaska Airlines, tentative agreement on pact extension reached, 282; pact ratified, 433
Delta Air Lines/Northwest Airlines merger, Delta supports plan for single seniority list of two flight attendant groups despite AFA-CWA RLA claim (D.D.C.), 277 Frontier Airlines, petition filed with NMB seeking represent election, 1581 Hawaiian Airlines, pact attained, 357; pact ratified, 515 Mesa Air Group, scheduling issues ruled minor dispute under RLA subject to arbitration, injunction overturned (9th Cir.), 935 Swine flu, AFA asks FAA for emergency order requiring airlines to take preventive steps, 719
RLA, validity of Restructuring Participation Agreement challenged, summary judgment on RLA provisions, state law and fair representation claims affirmed (2d Cir.), 1555
Family and medical leave legislation enacted, 299
Unemployment insurance, Fla. legislature let bills die that would use stimulus funds to cut taxes, expand benefits, 783
Albertson's and Ralph's, ruling that locked-out UFCW workers failed to prove limitations period barring recovery of unemployment benefits should be extended reversed (Cal. Ct. App.), 443; unpublished opinion favoring workers certified for publication (Cal. App. Ct.), 642; locked-out workers' may proceed with claim (Cal. Ct. App.), 1471
Laurel Baye, NLRB two-member ruling that unilaterally changing benefits and job policies without bargaining with UFCW is ULP rejected (D.C. Cir.), 709; NLRB urges upholding legality of two-member rulings (U.S., cert. petition filed), 1553; (U.S., briefs filed), 1679 Local 5, card check procedure agreement reached with Berkeley Bowl, 927 Local 6, pact with Smithfield Packing ratified, 240 Local 7
Kroger, pact attained, 1246
President, Duran loses re-election bid, Cordova elected, 1542 Safeway, King Soopers and Albertsons, pact extended 3 weeks to continue talks, 759; members agree to mid-June pact extension, 886; pact with King Soopers rejected, 1005; counteroffer rejected, 1045; Safeway and King Soopers present final offer to union, Albertson's closes 6 stores, 1459; members to vote on Safeway, King Soopers offer, rejection urged, In Brief, 1506; pact rejected, 1627 Swift bias for firing Muslims after walkout over being denied prayer breaks, EEOC rules, 1401 Unemployment insurance, Colo. House approves bill giving benefits to locked-out workers, sends to gov., 783; gov. vetoes, 867 Local 75, pact ratified with Kroger, 1334 Local 99, strike authorization against Ariz. supermarkets approved, In Brief, 1549 Local 222, pact ratified with Tyson Fresh Meats, 1289 Local 348-S, successor hiring UFCW-represented employees must arbitrate if bound by substantive terms of CBA (2d Cir.), 1635 Local 371, pact with Great Atlantic & Pac. Tea, Waldbaum's/Foodmart and Food Emporium approved, 717 Local 501, arbitrator awards first labor pact for Wal-Mart Canada outlet in St-Hyacinthe, Quebec, 592 Local 711, pact ratified with Swift, 1170 Local 770, Kaiser Permanente announce job cuts in Cal., separation incentives offered, 1332 Local 789, Vincent/Metro Trucking that withdrew recognition ordered to bargain while NLRB resolves ULP charges (D. Minn.), 1374 Local 791, Shaw's Supermarket sued for pact breach by canceling health and life insurance benefits of absentee employees (D. Mass.), 771 Local 951, $820K jury award upheld in business agent's wrongful discharge claim in violation of just cause policy, LMRDA preemption inapplicable (6th Cir.), 934 Local 1208, pact with Smithfield Packing attained, In Brief, 1046; pact ratified, 1087 Local 1262, pact attained with ShopRite, Stop & Shop, Foodtown and Pathmark, 676; pact ratified, 717 Local 1564, pact attained with Smith's Food and Drug, 923; pact ratified, 1004 Local 1567, Bruno's Supermarkets files motion to reject pacts in bankruptcy (N.D. Ala.), 443; asset sale to S. Family Mkts. approved, saves 56 jobs (N.D. Ala.), 756 Local 1625, two-member NLRB panel authorized to issue decisions and orders under NLRA §3(b) in ruling challenging election to represent nursing home workers (2d Cir.), 1012; (U.S., petition filed), 1513 Local 1776
Acme Mkts., pact proposal covering Philadelphia workers rejected, 1044; pact ratified with Acme Mkts., 1170
Rite Aid not bound to arbitrate grievances over refusal to give organizers access to nonunion stores (M.D. Pa.), 643 Rocky Mtn. Pension Plan, trustees deadlocked, plan cannot elect to freeze funding status at 2008 levels (Arb.), 1221 Smithfield Packing
Local 6, pact ratified, 240
Representation rejected, 677
Handbilling dispute ends after employer withdraws its exception to ALJ 2001 decision, NLRB adopts ALJ's findings and conclusions, 1421
Organizing, UFCW-led coalition launches campaign aimed at holding retailer accountable for labor practices, details listed, 1402 WakeUpWalMart.com, SEIU and UFCW unite to form, 1245 Wal-Mart Canada, Labor Relations Bd. erred by not directing secret ballot representation vote among Weyburn employees before certifying union (Sask. Ct. Queen's Bench), 1096
Agriculture
See AGRICULTURE
Baked goods distributor, post-retirement work not same trade or craft, meat cutter's ERISA plan benefits improperly suspended (8th Cir.), 1254 Blue Diamond Growers, certification of ILWU Local 17 loss in representation election recommended (NLRB ALJ), 1557 Combustible Dust Explosion and Fire Prevention Act Del Monte Fresh Produce
Alien Tort Act and Victim Protection Act claims dismissal by Guatemalan affirmed (11th Cir.), 1376
Donning and doffing gear, payment for minimum wage workers ordered (Or. Cir. Ct.), 1635 Interstate Bakeries emerges from Chapter 11 bankruptcy with cooperation from IBT and BCTGM (Bankr. W.D. Mo.), 237 J.J. Cassone Bakery, NLRB did not violate due process rights by relying on decision of ALJ who reviewed record of hearing conducted by another judge (D.C. Cir.), 247 Kellogg and BCTGM Locals 3-G, 50-G, 252-G, 374-G attain pact, 1546; pact ratified, 1625 Meatpacking
See MEATPACKING
Poultry processing Stella D'oro, closing announced one day before ULP strikers reinstated, 1087; reinstatement and back pay ordered for ULP strikers (NLRB ALJ), 1097; bakery will be sold and relocated to Ohio, 1456 Tyson Foods
FLSA and KS wage and hour laws, production workers may collectively proceed with claims (D. Kan.), 326
OSH Act, employer pleads guilty and pays maximum fine for violation resulting in worker death (W.D. Ark.), 142
Aramark, Workers United files criminal charges alleging theft for holding dues money in escrow, 1286
Asian restaurant owner agrees to pay for minimum wage and overtime underpayments, 511 Barback is tipped employee, minimum wage tip credit applies, Op. Letter, 499 Berkeley Bowl and UFCW Local 5 reach card check procedure agreement, 927 Bon Appetit and Coalition of Immokalee Workers agree on FLSA pact, 713; Compass Group and CIW reach agreement on improving working conditions, pay, 1544 Brinker Intl., FLSA violated by allowing servers to share tips with food expediters (S.D. Tex.), 525 Catering firm and recreational establishment not single establishment despite exclusive service contract, servers not exempt, Op. Letter, 462 Golden Gate Restaurant Ass'n, ERISA does not preempt San Francisco's pay or play 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 Host Intl., Tampa Airport workers elect Workers United for union representation, 1246 Nobu, class of waiters, bus staff, bartenders seek final approval of $2.5 accord over FLSA and tip-sharing violations (S.D.N.Y.), 248 Saigon Gourmet Restaurant violated ULP by promising pay hike if wage and hour claim dropped, videotaping picketing and firing deliverymen (NLRB), 487 Smoking ban in bars and restaurants, NC Legislature approves, 827; gov. signs bill, 868 Starbucks
Health insurance and 401(k) plans, CEO announces hike in premiums and matching contributions, 1312
Job cuts announced, 221 Milwaukee City Ctr. Hilton, baristas cannot be accreted in preexisting bargaining unit for bars and restaurants (NLRB), 1554 Minneapolis, ULP charges filed under NLRA §7 alleging employer restricted protected activity on behalf of IWW (NLRB Reg. Dir.), 769; accord approved, no wrongdoing admitted, notices will be posted (NLRB Reg. Dir.), 933 N.Y.C., restricting IWW local activity and firing workers for supporting union is ULP (NLRB ALJ), 58; charges settled (NLRB Reg. Dir.), 162 Tip pooling among baristas, shift supervisors and shift leads lawful (Cal. Ct. App.), 880; attorneys voice differing views over impact of ruling, Analysis and Perspective, 982; (Cal., cert. denied), 1518
Agriculture, temporary guest workers sue strawberry farm (E.D. La.), 33
Child labor, DOL seeks comments on updated labor products list requiring federal contractor certification, 1466 Consultative Group to Eliminate the Use of Child Labor and Forced Labor in Imported Agric. Prods., sec'y appoints 13 members, 1613 Cost of Coercion, forced labor costing billions in lost wages for workers, ILO report, 830 Deportation warning given illegal domestic servant, no review over application of criminal statute to couple who warned their housekeeper (U.S., rev den), 100 Human trafficking
Am. Samoa, DHS issues final rule to exempt some foreign workers from obtaining TWIC, 517
Discrimination
See VISAS
401(k) PLANS
Account balances fell up to 20% from 1/08-6/09 as result of stock market drop, EBRI report, 1321
Automatic enrollment, IRS issues final regulation implementing PPA provisions, In Brief, 320 Contributions
Matching
See Matching contributions, this heading
Wal-Mart will give hourly workers $2B in bonuses, discounts, and 401(k) contributions, 476
Obama administration committed to improving, DOL Secy. says, conference, 1729
Total benefit contributions, value as percentage of pay, 2002-2008, survey, 1737
Excessive fees, plan sponsor had no fiduciary duty to disclose that plan's investment provider engaged in revenue sharing with affiliate (7th Cir.), 289; DOL representative criticizes ruling, conference, 334; Solis files amicus briefs seeking a rehearing (7th Cir.), 484; DOL official criticizes ruling for not deferring to 404(c) regulation, conference, 615
Investment advice that fiduciaries give to participants and beneficiaries, Miller (D-Calif.) criticizes final rule, 129; rule delayed to consider legal and policy issues, 481; second rule delay announced, In Brief, 891
Collapse of financial markets, impact on balances, report, 420
Majority of plans stable in unstable market, survey, 496 Legislative outlook, Congress unlikely to scrap defined contribution plans, 72 Matching contributions
Hewitt Assocs. survey, suspending would save money, but reduce contributions, 659
Recession causes employers to cut or eliminate, legal and regulatory issues highlighted, Analysis and Perspective, 820 et seq. Restoration by employers expected soon, survey, 1391 Starbucks CEO announces, 1312
Retirement, workers view as primary type, employers seek to control costs, EBRI report finds, 302
Savings, 7.5% of annual salary saved in deferral plans falls short, EBRI reports, 495 Total plan assets key driver of plan fees and expenses, survey, 660 Voluntary and involuntary unpaid leave, furloughs impact on eligibility, Analysis and Perspective, 941 et seq.
ERISA
Multiemployer plans, ERISA claim filed over losses tied to Madoff investments (S.D.N.Y.), 1589
Pensions, QDRO, recoupment of pilots' benefits obtained in sham divorce fails (S.D. Texas), 1721 Falsified safety records, Tenn. Valley Auth. contractor pays $6.2M to settle charges (E.D. Tenn.), 180 Health insurance, Cal. Dep't of Managed Health (DMHC) shuts down CMA for allegedly pocketing premiums, 1127 IBT election, former Local 743 president and 2 officers convicted (N.D. Ill.), 713; three former IBT officials sentenced (N.D. Ill.), 1400 Identity theft, challenge to whether Mex. citizen accused of illegal entry and using falsified documents for job violated federal criminal law (U.S., rem), 723 Independent safety trainers, OSHA develops new procedure aimed to probe fraud and abuse, 901 Long-term disability benefits misrepresentation not intentional, reliance claim rejected, fraud claim preempted (U.S., rev den), 686 RICO Act, ad sales reps claim alleging accounting fraud in violation of LMRA §302 may proceed (D. Ariz.), 645 SEIU Local 660, former president pleads guilty to charges from scheme to defraud nonprofit group (C.D. Cal.), 1402 Undocumented workers, military and leather goods manufacturer and president sentenced for INA, FLSA and criminal law violations, ordered to pay fines (D. Mass.), 237 Unemployment insurance, Tenn. Legislature approves penalties for misrepresentation, misconduct, and fraud, 947 Unlawful rehiring of locked-out grocery workers, former executives acquitted of conspiracy and fraud charges (C.D. Cal.), 1095
Colombia-U.S. pact, comments sought to help USTR review labor-related issues, 1249; State Dep't nominee says labor violence needs improvement before U.S.-Colombia FTA can be approved, 1464; House GOP urge USTR to quickly establish benchmarks so Congress can consider pact, 1511
Commercial benefit to U.S., FTAs provide, but more results needed on labor and environment, GAO report, 1355 NAFTA U.S.-Domincan Republic-Cen. Am. FTA (CAFTA-DR), OTLA declined to seek consultations with Guatemala, 169
Incorporation of amendments, FMCS expects to issue final rules by end of year, 789
First amendment
See generally FIRST AMENDMENT
Pact with long-term wage and benefit concessions attained, 14; ratified, 52
Air cargo pilots, ALPA accord protects pilots from furloughs and pay cuts, $300K in damages shared (Ohio Ct. C.P., Cir.), 882
APA plan to discourage pilots from volunteering for optional flights constitutes economic self-help, disrupts operations, violates RLA (D.D.C.), 1418 Involuntary or voluntary unpaid leave, impact on 401(k) plans, health coverage, pension vesting, COBRA subsidies, fringe benefits highlighted, Analysis and Perspective, 941 et seq. Layoffs
See LAYOFFS
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