Labor Relations Week Index-Summary

OCCUPATIONAL SAFETY AND HEALTH

– Aerosol transmissible diseases standard

– – Cal/OSHA Bd. approves, 860; hearing held, compliance deadline Aug. 5, 1186; Cal. Office of Admin. Law approves standard, 1187
– – OSHA standard urged by Miller (D-Calif.), hearing, 777; OSHA plans to propose standard, use general duty clause to enforce CDC guidance, Barab says, 777
– – Pandemic influenza

See INFLUENZA

– Airline safety

– – Reg'l airlines that outsource and hire inexperienced pilots risk public safety, ALPA head tells House panel, 1550
– – Rest requirements for pilots and flight attendants on long-range flights, airlines sue FAA (D.C. Cir.), 103; FAA withdraws minimum rest requirements, 479; ALPA and trade groups offer differing views over FAA plan to update pilot flight and duty-time rules to prevent fatigue, Senate panel 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

– ANSI safety and health standards, USW quits “consensus” talks with petroleum industry, 1305
– Bloodborne pathogen standard, DOL semiannual regulatory agenda, 786
– Commuter RR workers, FRA to examine fatigue, schedules and sleep patterns, In Brief, 861
– Donor safety, impact, Natl. Workers Rights Bd. urges Red Cross to change employee relations policy, 1654
– FAA reauthorization

See LEGISLATION, FEDERAL, HR 915, HR 1512, S 1451

– Falsified safety records, Tenn. Valley Auth. contractor pays $6.2M to settle charges (E.D. Tenn.), 180
– Fatalities

See FATALITIES

– Green jobs, NIOSH launches safety initiative, 979
– Hazardous substances

See HAZARDOUS SUBSTANCES

– Health standards, N.J. legislature urges rejection of proposed risk assessment rule, 34
– High-containment labs, single agency needed to develop safety training standards and strategic evaluation, GAO report, 1560
– Injuries and illnesses

See INJURIES AND ILLNESSES

– Labor Day, DOL Sec'y's urges good-paying, safe, sustainable, innovative jobs, 1432
– Mass. gov. issues E.O. requiring state agencies to compile data and set up labor-management committees, 746
– Mining

See MINING
– – Administration

See MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

– Nev. OSH Program, OSHA finds deficiencies, 1727
– 9/11 health monitoring and compensation program

See LEGISLATION, FEDERAL, HR 847, S 1334

– NIOSH

See NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH (NIOSH)

– Pandemic influenza

See INFLUENZA

– Patient handling

– – Nurse-to-patient staffing ratio

See LEGISLATION, FEDERAL, HR 2273, S 1031

– – OSHA standard

See LEGISLATION, FEDERAL, HR 2381, S 1788

– Penalties

See PENALTIES

– Pesticide exposure, safety and other violations alleged by temporary guest workers in suit against strawberry farm (E.D. La.), 33
– Petroleum refineries, OSHA finds “alarmingly” high rate of violations, 1428
– Portugal labor codes implemented with new comprehensive rules, 372
– PPE

See PERSONAL PROTECTIVE EQUIPMENT (PPE)

– Respiratory protection standard, OSHA proposes revised fit-testing protocols, 180; OSHA releases new guidance document, 574; proposed bitrex respirator fit-testing protocol withdrawn, 1068
– Safety bonus properly factored into regular rate of pay for calculation of overtime covering same period, 461
– Swine flu (H1N1)

See generally H1N1 VIRUS

– Whistleblower retaliation, OSHA orders remedies and withdrawal of claims against employees who raised safety concerns (Conn. Super. Ct.), 610

OCCUPATIONAL SAFETY AND HEALTH (OSH) ACT

– Ergonomics and violence, general duty clause will be used by OSHA to cite employers for hazards, 778; evidentiary criteria limit use of general duty clause to cite hazards, 984
– Fatality, Tyson Foods pleads guilty and pays maximum fine for OSH Act violation resulting in worker death (W.D. Ark.), 142
– Penalty reform

– – Deterrence, whether OSHA fines are inadequate to deter safety and health violations debated, House Comm., 691
– – Protecting Am.'s Workers Act, Woolsey (D-Calif.) will introduce bill to update Act, seeks penalty reform, 257; for further action, see LEGISLATION, FEDERAL, HR 2067

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

– Administration

– – Acting administrator, Shalhoub assumes position, 185
– – Administrator, AFL-CIO's Seminario eliminated from contention, 543; Michaels emerges as front runner, In Brief, 871; Obama announces intent to nominate Michaels, 1225; Obama sends nomination to Senate, In Brief, 1323; Chamber of Commerce seeks Senate hearing to probe nominee, ASSE supports nomination, 1648; Senate vote postponed, 1706
– – Budget, FY2010

See LEGISLATION, FEDERAL, HR 3293

– – Chief of staff, Berkowitz named, In Brief, 1393
– – Deputy Asst. Sec'y and Acting Asst. Sec'y of labor for occupational safety and health, Barab named, In Brief, 612
– – FY2010, House Appropriations Comm. approves $554.6 budget, 1174
– – Inspectors, House report directs hiring of at least 30 new safety inspectors in 2009, 610; Fairfax in the process of hiring, 733; budget includes request for bilingual inspectors, 763; OSHA faces challenge in meeting hiring target, acting head Barab says, 1068; Solis says increase in inspectors may not be enough to enforce safety regulations, 1105
– – Procurement violations, IG report reveals no-bid contract and improper payments to N.C. consultant under Foulke, 574

– Enforcement

– – Agenda, enforcement top priority, hiring inspectors and emphasis programs planned, Solis and Fairfax say, 733
– – Chemical process safety management (PSM) standard, compliance, OSHA to launch national emphasis program (NEP), 939; OSHA works on compliance directive to address process safety hazards posed by reactive chemicals, 1559
– – Ergonomics, OSH Act general duty clause will be used to cite employers for hazards, 778; strict evidentiary requirements limit use of general duty clause to cite hazards, OSHA official says, conference, 984
– – Fatalities, employers with reported deaths not always inspected or identified under enhanced enforcement program, 573
– – Field Operations Manual, revised version released, Sec. 17 settlements must be approved, 611
– – FY2009 budget

See LEGISLATION, FEDERAL, HR 1105

– – Grants

See GRANTS

– – Independent trainers, OSHA develops new procedure aimed to probe fraud and abuse, 901
– – Injury rates, employers with “considerably higher” rates notified, 649
– – Inspections

– – – Federal worksites for ARRA-funded projects, probes will increase, special focus on construction, Solis says, 860
– – – High-hazard site-specific workplaces will be inspected, 980; manufacturing sites and nursing homes included in Site-Specific Targeting (SST) program, 1426
– – – Oversight, hiring funds may not be enough to oversee jobs created by stimulus package, 980
– – – Petroleum refineries, OSHA finds “alarmingly” high rate of violations, 1428
– – – Poor safety records, Severe Violators Inspection Program launched, 733

– – Nev. OSH Program, deficiencies found, 1727
– – Particle accelerators, radiation exposure, guidance issued, In Brief, 1728
– – Penalties

See PENALTIES

– – Recordkeeping, launch of injury and illness national emphasis program set for Aug., economist says, 1225; program launched, 1602
– – Risk assessment, adoption of internal review standard would improve OSHA effectiveness, reallocate resources, AIHA panelists say, 940
– – Safe patient handling

See LEGISLATION, FEDERAL, HR 2381, S 1788

– – Swine flu (H1N1), OSHA, NIOSH, CDC meet with unions to discuss protection measures, 1268
– – Violence, OSH Act general duty clause will be used to cite employers for hazards, 778
– – Voluntary Protection Programs, GAO says improved oversight and controls would ensure quality, 1023; memo outlines compliance changes, 1350

– Rules and regulations

– – Combustible dust materials

See HAZARDOUS SUBSTANCES

– – Crystalline silica, semiannual regulatory agenda, 787
– – Diacetyl, comments sought on rule addressing occupational exposure to food additive used in butter flavoring and linked to bronchiolitis obliterans, 179; rule withdrawn, OSHA seeks small business advocacy review panel, 450; OSHA convenes small business panel to review draft proposed rule, 693; DOL semiannual regulatory agenda, 787; panel urges exemption of naturally occurring diacetyl from rule, 1148
– – Electrical product safety testing, comments on EC proposal sought, In Brief, 69
– – Ergonomics, OSHA plans to address standard within a few years, Barab says, convention, 1104; business groups strategize to thwart anticipated rulemaking, 1691
– – Globally Harmonized Sys. of Classification and Labeling of Chems., OSHA chemical labeling rule sent to OMB regulatory office for review, 902; OSHA proposes rule to align with hazard communication standard, 1604
– – Hexavalent chromium

See HAZARDOUS SUBSTANCES

– – Labor Outlook 2009, SplSupp (01/29/09)
– – Methylene chloride and bloodborne pathogen standards, DOL semiannual regulatory agenda, 786
– – Pandemic influenza

See INFLUENZA

– – PPE, OSHA final rule revises PPE sections to include recent national consensus design standards, 1425
– – Respiratory protection standard, OSHA proposes revised fit-testing protocols, 180; new guidance document released, 574; proposed bitrex respirator fit-testing protocol withdrawn, 1068
– – Toxic substances and hazardous chemical exposures, DOL drops risk assessment rule proposed by former Sec'y Chao, 1425

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION (OSHRC)

– Acting chairman, Obama names Rogers, 343; Rogers nominated, 661; Senate approves, 793
– Fire, penalty against chicken processor for death of employee sustained (5th Cir.), 1677
– Lead paint exposure, opinion affirming ALJ finding, but cutting assessed penalty issued, 650

OFCCP

See FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE (OFCCP)

OFF-THE-CLOCK WORK

– Cal., class action filed against Long Beach hotel for state labor law violations (Cal. Super. Ct.), 773
– Clothes changing

See CLOTHES CHANGING

– 11th Amend. no bar to bus driver's FLSA collective action against Pa. transit agency (U.S., rev den), 897
– Minn. labor laws, class accord against Wal-Mart, civil penalty approved (Minn. Dist. Ct.), 968
– Missed breaks

See BREAKS, MEAL AND REST

– Multiple suits against Wal-Mart settled pending approval of trial courts, 9; Wal-Mart will pay $35M (Wash. Super. Ct.), 1205

OFFICE AND PROFESSIONAL EMPLOYEES (OPEIU)

– Local 19 members ratify pact with FirstEnergy in exchange for extensions in pact expiration dates, 1130
– Local 153, N.Y. Hotel and Motel Trades Council face arbitration for resisting pay and benefit cuts, 591
– Local 227, pact with Lockheed Martin approved, 843
– Locals 29, 30, Kaiser Permanente announce job cuts in Cal., separation incentives offered, 1332

OFFICE OF

See specific offices

OFFSHORE OUTSOURCING

– Multinational firms, recession and productivity reason for job loss, not offshoring, study, 457
– Service sectors

– – 160 occupations employing 30M Americans susceptible to offshoring, study, 183
– – Share of firms adopting offshoring strategy grows to 53%, study, 1357

OHIO

– Akron, sexual orientation and gender identity bias ban enacted, In Brief, 1320
– FELA, state law requiring plaintiffs suing in state court on asbestos claims under FELA produce threshold medical evidence stands (U.S., rev den), 99
– Misclassification of independent contractors, state AG cracks down on violators citing $900M loss to state, 340; misclassifying FedEx Ground drivers as independent contractors may circumvent worker protections and result in uncollected tax revenues, state AGs say, 1042

OIG

See INSPECTORS GENERAL (OIG)

OIL AND GAS

– ANSI safety and health standards, USW quits “consensus” talks with petroleum industry, 1305
– China, USW urges Obama administration to reject trade remedy cases on oil country tubular goods and consumer tires, 744; USW call U.S. automakers request to exempt some tires from proposed tariff hike offensive, 1286; Obama imposes 3-year tariff at 35% on tire imports, 1463
– Clean energy investment of $150B would create 2.5 million jobs, study explores benefits, drawbacks, 1034
– Drug testing, return-to-work and follow-up, DOT observed urination rule for safety-sensitive jobs upheld (D.C. Cir.), 851; DOT reinstates rule, 1248
– Getty Gas, owner arrested for violating N.Y. wage and hour laws, 513
– Safety violations, OSHA finds “alarmingly” high rate at refineries, 1428
– Shell, tentative national oil bargaining pattern agreement reached with USW, 197; agreement includes pay hikes, ratification bonus and health care, 238; 53 locals ratify pacts, 432

OKLAHOMA

– Bad paychecks, House approves bill to assess penalties for violators, 578
– E-Verify creates fight over preemption of state and local immigration laws, Special Report, 616 et seq.
– Firearms in locked vehicles, OSH Act general duty clause does not preempt Okla. laws holding employers liable for banning guns on company property (10th Cir.), 331
– LMRA §301 preempts UAW workers breach of contract and promissory estoppel claims under state law that GM improperly reduced their credited years of service (W.D. Okla.), 605

OLDER WORKERS

– Bias

See AGE DISCRIMINATION
– – ADEA

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Cash balance plans

See CASH BALANCE PLANS

– Flexible work arrangements beneficial to victims, speakers say, 1730
– Health insurance

– – EBRI says most aged 55 to 64 have coverage, In Brief, 1322
– – Retiree

See RETIREE HEALTH BENEFITS

– Musculoskeletal disorders, prevention key to protecting, CDC consultant says, 1150
– Pension, claim against ALPA for fair representation duty breach under RLA for bargaining for benefits biased against older pilots may proceed (D. Minn.), 772
– Recession, impact, analyses, 376
– Retirement

See RETIREMENT

OLMS

See LABOR MANAGEMENT STANDARDS OFFICE (OLMS)

OMB

See MANAGEMENT AND BUDGET OFFICE (OMB)

OPEIU

See OFFICE AND PROFESSIONAL EMPLOYEES (OPEIU)

OPERATING ENGINEERS (IUOE)

– Campaign websites, LMRDA, union rule requiring locals to maintain password-protected access lawful to block nonmember access (D.C. Cir.), 1053
– Local 3, members vote to ratify pact with Kennecott Utah Copper, 1578
– Local 94, N.Y. Hotel and Motel Trades Council face arbitration for resisting pay and benefit cuts, 591
– Local 150 may sue ex-treasurer under LMRDA for fiduciary duty breach over real estate deal (7th Cir.), 641; (U.S., rev den), 1631
– Local 324, ERISA, investment manager ordered to restore $50M in losses to 5 Mich. funds (N.D. Ill.), 1301
– Local 400, members walkout after pact dispute with W. Energy, 478; pact ratified, 554

OREGON

– Minimum wage

– – Donning and doffing, Del Monte ordered to pay workers (Or. Cir. Ct.), 1635
– – Unchanged due to drop in CPI, In Brief, 1609

– Organizing, bill banning discipline of workers who skip employer-sponsored meetings on religious and political matters passed, 1073; gov. signs bill, In Brief, 1115
– Religious accommodation, gov. signs bill, In Brief, 1196
– RLA no bar to state wage law class action, revived, “ordinary,” “complete” preemption distinguished (9th Cir.), 250
– Training for laid-off paper plant workers, DOL awards $1.4M, In Brief, 948
– Unemployment benefits, gov. signs bill expanding eligibility, In Brief, 698
– Whistleblowers, gov. signs bill protecting public and private employees, In Brief, 1073

ORGANIZING

– Arbitration, pharmacy not bound to arbitrate grievances over refusal to give UFCW Local 1776 access to nonunion stores (M.D. Pa.), 643
– China

See CHINA

– CNA/NNOC and SEIU reach agreement to jointly organize health care employees and bargain with employers, 472
– Continental Airlines fleet service employees, aviation technicians, IBT Pres. urges airline to cease anti-union activities, 1172; petition filed with NMB to seek representation vote among fleet service workers, 1671
– Driver's Privacy Protection Act, challenge to whether UNITE HERE violated for using motor vehicle records to find Cintas employees' home addresses during organizing drive (U.S., rev den), 483; Cintas employees not entitled to punitive damages, UNITE HERE request for jury trial denied (3d Cir.), 1344
– Employee Free Choice Act (EFCA)

– – AFL-CIO

See AFL-CIO

– – Anti-EFCA online video game set in tattoo parlor created by Alliance for Worker Freedom, 1207
– – Ariz., 2010 ballot initiative seeks to preempt congressional legislative proposal, 1319
– – Card-check authorization

– – – Cal. Senate clears bill creating card check procedures for farmworkers, modeled on EFCA, 697; gov. vetoes bill, In Brief, 1444
– – – NLRA amendment bill

See LEGISLATION, FEDERAL, HR 1409, S 560

– – DOL Sec'y Solis urges vigilance regarding passage, supports unions as necessity to restore middle class, conference, 984
– – First contract arbitration provision, attorneys explain implications, schemes used in public sector and Canada, Analysis and Perspective, 1307 et seq.
– – Hawaii, House and Senate pass card check bill, gov. expected to veto, 782; House and Senate override veto, 1195
– – Labor and management prepare to fight over bill, Analysis and Perspective, 35; political and economic realities support prospects for passage this year, 64; business-backed group to urge states to adopt constitutional amendments requiring secret ballots for union representation, 70; DOL Sec'y nominee Solis (D-Calif.) questioned about her support, 93; SEIU launches campaign to support bill, 110; Am. Rights at Work announces $3M advertising and lobbying campaign to urge Congressional approval, 147; supporters defend bill after proponents' inaccurate claims that bill will prevent workers from having secret ballot elections, 216; supporters rally at Capitol building, Chamber stresses opposition, 258; higher wages of unionized workers show need for passage, report, 341; economists sign public statement endorsing EFCA, conference, 372; VP Biden supports, key to rebuilding middle class, meeting, Special Report, 416; membership in union and unemployment could increase if enacted, study, 419; Obama supports making it easier for unions to organize, 494; state secret ballot initiatives prompt debate over NLRA preemption and constitutionality, attorneys say, Analysis and Perspective, 533; Specter (D-Pa) and experts offer alternative proposals, compromises, supporters and critics hold firm to stance on bill, Analysis and Perspective, 736 et seq.; card check authorization bill, see LEGISLATION, FEDERAL, HR 1409, S 560
– – Labor Day List highlights small- and medium-sized firms for their support, 1435
– – NLRA reform, professor/arbitrator urges substantive fixes for organizing, employee free choice, collective bargaining and procedural fixes for how NLRA is administered, conference, 973

– Employer opposition, workers routinely subjected to threats, harassment, surveillance, EPI report, 869; Chamber of Commerce report criticizes union arguments to push for labor law changes, 1653
– Freedom From Union Violence Act

See LEGISLATION, FEDERAL, HR 2537

– FTAs provide commercial benefit, but more results needed on labor and environment, GAO report, 1355
– Gaming Workers Council, AFL-CIO, UAW and TWU leaders announce formation to gain contracts for employees, 430
– H-2B guest workers, attorneys outline methods and strategies, pros and cons highlighted, conference, 535
– Manufacturing recovery, congressional policy decisions could impact global competitiveness, NAM says, 1434
– Membership in union

– – EFCA, membership and unemployment could increase if enacted, study, 419
– – Unequal enforcement of wage and organizing laws, raids make immigrants reluctant to join, 415

– National Labor Relations Modernization Act

See LEGISLATION, FEDERAL, HR 1355

– Neutrality agreements

– – Addus HealthCare and SEIU sign renewal of national pact, 279
– – Caritas Christi Health Care announces neutrality agreement in organizing drives, 159; St. Elizabeth workers approve 1199SEIU UHW-E representation, 598; Carney Hosp. workers choose 1199SEIU UHW-E, 963; Norwood Hosp. workers vote for 1199SEIU UHW-E representation, 1627

– NLRA reform, professor/arbitrator urges substantive fixes for organizing, employee free choice, collective bargaining and procedural fixes for how NLRA is administered, conference, 973
– Nonbinding union guidelines, Catholic health care institutions, bishops, hospitals and labor unions unveil, 7 key points outlined, 999
– Obama approach to labor and employment issues pragmatic, more aggressive on work-family issues, speakers say, ABA conference, 1260
– Ore., bill banning discipline of workers who skip employer-sponsored meetings on religious and political matters passed, 1073; gov. signs bill, In Brief, 1115
– Pope Benedict XVI new encyclical addresses challenges in workers' ability to form unions, reiterates support for labor unions, 1153
– Salting

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

See LEGISLATION, FEDERAL, HR 2808, S 1227

– Secret balloting

See SECRET BALLOTS

– Unfair labor practices

– – Conference space, complaint against Tenet and Houston hospitals for unlawfully promulgated rules denying access to anti-union groups filed (NLRB Reg. Dir.), 564
– – Picketing aimed to force organizing and union recognition, manufacturer and IBT Local 853 accord approved (NLRB), 1419
– – Starbucks

– – – Minneapolis, 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 activity on behalf of IWW and firing worker who supported union, violated NLRA (NLRB ALJ), 58; charges settled (NLRB Reg. Dir.), 162

– Union approval rating down in 2009, Gallup poll, 1436
– Wal-Mart

– – Labor practices, UFCW-led coalition launches campaign aimed at holding retailer accountable, details listed, 1402
– – Obama election, unionization push increasing after, over 100 authorization cards signed, 719
– – WakeUpWalMart.com, SEIU and UFCW unite to form, 1245

OSC

See SPECIAL COUNSEL OFFICE (OSC)

OSH ACT

See OCCUPATIONAL SAFETY AND HEALTH (OSH) ACT

OSHA

See OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

OUTPLACEMENT SERVICES

– Career transition service for departing employees, firms more focused on, 623

OUTSOURCING

– Foreign firms, use of

See OFFSHORE OUTSOURCING

– Guidelines for bringing work back to federal agencies required under signed appropriations bill, In Brief, 438

OVERTIME

– Asian grocery store pays back wages for FLSA violations, 1339
– Back pay

See BACK PAY

– Bonus miscalculation, NUMMI settles FLSA violations, 1003
– Business or company pilots, FLSA “position of non-enforcement” reaffirmed, Op. Letter, 498
– Cal., class action filed against Long Beach hotel for state labor law violations (Cal. Super. Ct.), 773
– Car wash owners

– – Lozano Car Wash workers get unpaid back wages, In Brief, 560
– – N.Y. fines owners for FLSA violations (E.D.N.Y.), 238
– – Pirians, criminal complaint for wage and hour law violations filed (Cal. Super. Ct.), 286; arraignment scheduled, NLRB seeks enforcement barring anti-union activities (Cal. Super. Ct.), 1679

– Compensatory time off in lieu of, EEOC violated FLSA by requiring employees to take (Arb.), 525
– DOE facility managed by Lockheed to pay $2M settlement, 95
– DOL releases 40 letters, but withdraws 20 letters for further consideration by W&H Div., 397
– Forced vacation leave during temporary plant shutdown has no effect on salaried workers' exempt status, Op. Letter, 460
– GM plans to increase production at N. Am. assembly plants, add overtime and shifts, call back laid-off workers, 1330
– Grocery baggers, supermarkets pay $1.125M in restitution for FLSA violations (N.Y. Sup. Ct.), 1128
– ICE raid, military and leather goods manufacturer and its president sentenced for INA, FLSA and criminal law violations, ordered to pay fines (D. Mass.), 237
– KS wage and hour laws and FLSA, Tyson production workers may collectively proceed with claims (D. Kan.), 326
– Low wage workers, FLSA violations rampant, study, 1445
– New York

– – Amish grocery chain and affiliates settle dispute with N.Y. DOL, 362
– – Asian restaurant owner agrees to pay $2.3M for underpayments, 511
– – Bakery and gas owners arrested for underpayment, 513
– – Car wash owners fined for FLSA violations (E.D.N.Y.), 238
– – Drug store chain settles FLSA class actions alleging overtime and worker classification violations (S.D.N.Y.), 125
– – FedEx Ground Pkg. Sys. settles claim with drivers denied pay (E.D.N.Y.), 1301
– – Garment maker's goods and factory equipment confiscated by state Labor Dep't for labor violations, contractor's garments tagged, 745
– – N.Y.C. retail workers receive low wages and limited health benefits, study, 41
– – Wage Watch, state Labor Dep't launches to monitor compliance with wage laws, Comm'r Smith says, 165

– Nine-day work schedule, with every other Fri. off, employers not liable for pay under FLSA, Op. Letter, 460
– Nonprofit childcare institution not FLSA-covered enterprise despite payroll link to employee leasing firm, Op. Letter, 498
– Outside sales or administrative exemptions, life insurance agents may be subject to, depending on duties and form of pay, Op. Letter, 500
– Recreation exemption

– – Catering firm and recreational establishment not “single establishment” despite exclusive service contract, Op. Letter, 462
– – Seasonal lifeguards exempt, town beach open less than 7 months in calendar year is “recreational establishment,” Op. Letter, 462

– Residential group home/assisted living facilities agree to pay penalties and back wages for FLSA violations, 1338
– Retaliation, filing grievance over overtime distribution not protected activity, no Title VII, N.Y. HR Law claim (W.D.N.Y.), 1676
– Safety bonus properly factored into regular rate of pay for calculation of overtime covering same period, Op. Letter, 461
– Spirit Aerosystems, SPEEA 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
– Stainless steel mill ordered to pay back wages after DOL W&H Div. probe, 435
– Supplemental pay, share of total cash compensation varies by industry, BLS reports, 581
– Tribe reservation, FLSA applies to store located on tribal land and owned by Indian tribe member, treaty no bar (9th Cir.), 687
– Unfair Labor Practices

– – Hospital housekeepers and linen aides, failure to give notice of intent to refuse overtime violates NLRA (9th Cir.), 1296
– – Representation election, asking worker about vote during deposition was violation, policies on wearing union insignia and soliciting must be rescinded (NLRB), 59

– Wal-Mart, multiple suits settled pending approval of trial courts, 9; Wal-Mart will pay $35M to class of Wash. employees (Wash. Super. Ct.), 1205
– Walking to and from work areas

– – Pre- and post-shift activities, steel employees may proceed with collective action for unpaid wages (N.D. Ind.), 1718
– – USW Local 1557 may proceed with claim (W.D. Pa.), 1052