Labor Relations Week Index-Summary

WAGE AND HOUR DIVISION

– Administrator, Boylan nominated, 661; nomination sent to Senate, In Brief, 793; nomination postponed, 1656; nomination withdrawn, 1668
– Complaint intake and investigative processes, low wage workers vulnerable to wage theft, GAO report, 509
– Opinion letters

See also specific heading
– – FLSA provisions, DOL releases 40 opinion letters, but withdraws 20 letters for further consideration, 397

– Reorganization, ESA will be abolished in Nov., W&H Div., OLMS, OFCCP and Workers Comp. Office will report to DOL Sec'y, 1175

WAGE AND HOUR LAWS

– Membership in union, immigrants reluctant to join, unequal enforcement of raids, wage and organizing laws, 415
– State

See specific states

WAGE TREND INDICATOR (WTI)

See WAGES AND SALARIES

WAGES AND SALARIES

– Average annual pay, private sector, BLS report, 2007, 67
– Back pay

See BACK PAY

– Bad paychecks, Okla. House approves bill to assess penalties for violators, 578
– California

– – In-Home Supportive Servs. program, SEIU and NUHW challenge whether proposed pay cuts violate ARRA terms, 758; preliminary injunction granted halting pay cuts (N.D. Cal.), 1041; emergency stay of preliminary injunction enjoining Cal. from implementing pay cuts denied (9th Cir.), 1179; Fresno County request for dismissal rejected (N.D. Cal.), 1717
– – Long Beach hotel, class action filed against for state labor law violations (Cal. Super. Ct.), 773

– Citigroup plan to hike workers' base salaries to compensate for smaller bonuses, SEIU chairman and Dodd (D-Conn.) decry move, 1043
– Colo., wage disclosure legislation enacted, 299
– Conspiracy to depress wages

– – Antitrust

– – – Albany hospitals seek preliminary approval of settlement with nurses (N.D.N.Y.), 388
– – – Chicago nurses seeking class certification challenging wage suppression cannot show common questions of law or fact predominate (N.D. Ill.), 1589
– – – Detroit hospital and two RNs seek preliminary approval of class action settlement (E.D. Mich.), 522; unionized hospital not entitled to claims dismissal by RNs alleging Sherman Act violation (E.D. Mich.), 523

– – RICO Act

– – – Mohawk Indus., denial of class certification overturned on appeal, remanded (11th Cir.), 971
– – – Remedy, attorneys say RICO claims filed by employees and government likely to increase, Analysis and Perspective, 1106
– – – SK Foods, class certification alleging intent to hire undocumented workers to depress wages granted (E.D. Cal.), 854

– Corporate tax rate increases offset by paying lower wages, CEA advisor says, value-added tax urged, 1028
– Discrimination

See PAY EQUITY

– ECI

See EMPLOYMENT COST INDEX (ECI)

– Economic outlook, best way for Obama to stimulate economy is creating jobs and increasing pay, meeting, 63
– EEOICPA programs, DOL pays over $4.8B in pay and medical benefits to atomic claimants, 890
– EPI analysts predict Americans face deficit of 10M jobs, slow wage growth after recovery, 977
– Family Income to Respond to Significant Transitions (FIRST) Act

See LEGISLATION, FEDERAL, HR 2339

– H-2A visas, ETA proposal amends guestworker program to adverse-effect wage rate, 1412; ETA extends comment period, In Brief, 1586
– Health insurance

– – Employer-paid costs, effect on wages ignored, Soc. Sec. Bd. head says, 1313
– – Real income growth, half could end up on spending, even if rate slows, analysis, 1491

– ICE raids, number of native-born workers, wages and bonuses increase after Swift raids, report, 497
– Increases

– – Collective bargaining, first-year wage increases, BNA report, 2008, 67; 1st quarter 2009, 608; correction to page 608, 690; 1st half of 2009, 1184; 1st three quarters of 2009, 1637
– – Growth in health care and green jobs could improve living standards and hike pay, House panel told, 537
– – Vietnamese restaurant violated ULP by promising pay hike if wage and hour claim dropped, videotaping picketing and firing deliverymen (NLRB), 487

– Low wages

– – Flexible work schedules, strong business case for offering to low-wage workers and allowing more input, speakers say, 1154
– – FLSA, protections failing low-wage workers, minimum wage and overtime violations rampant, study, 1445
– – Green firms offer low wages and inadequate benefits, report, 223
– – Job quality eroded due to lack of labor law enforcement, report, 1446
– – N.Y.C. retail workers receive low wages and limited health benefits, study, 41
– – Theft, Wage and Hour Div.'s complaint intake and investigative processes leave low wage workers vulnerable, GAO report, 509

– Lower Living Standard Income Level under WIA, DOL announces 2009 revised levels, 519
– Lump-sum payment frequency, 2006-2008, BNA report, 409
– Md., legislation requiring pay rate notification to new hires enacted, 299
– Median usual weekly earnings of full-time workers, 4th quarter 2008, 177
– Minimum wage

See MINIMUM WAGE

– New York Times announce pay cuts for nonunion employees in exchange for extra leave, 512; Newspaper Guild of N.Y. agree to pay cuts in exchange for extra leave, 716; buyout offers extended to cut newsroom jobs, 1667
– Obama approach to labor and employment issues pragmatic, more aggressive on work-family issues, speakers say, ABA conference, 1260
– Overtime, FLSA amended to offer comp time or overtime wages

See LEGISLATION, FEDERAL, HR 933

– Pay bias, challenge to whether request by Hispanic employees for class certification of Title VII pay bias claims against grocery store properly rejected by trial judge (U.S., rev den), 175
– Pay equity

See PAY EQUITY

– Prevailing wages

See PREVAILING WAGES

– Real average hourly wage, BLS report, Nov. 2002-May 2007, 1146
– Rewarding Achievement and Incentivizing Successful Employees (RAISE) Act

See LEGISLATION, FEDERAL, HR 2732, S 1184

– Service sector unionized workers make more than nonunion workers, CEPR report, 621
– Shifts, nurse's FLSA claim over base hourly pay rates based on schedule rejected (9th Cir.), 1719
– State and local laws

See specific states

– Supplemental pay, share of total cash compensation varies by industry, BLS reports, 581
– Tips

See TIPS

– Tomato pickers, Compass Group and CIW reach agreement on improving working conditions, pay, 1544
– Total compensation costs, BLS report, 4th quarter 2008, 448; 1st quarter, 2009, 1021
– Underpayment, forced labor, and safety violations alleged by temporary guest workers in suit against strawberry farm (E.D. La.), 33
– UPS Airlines, pilots volunteer to cut hours, leave and costs to avoid furlough, IPA head says, 883
– Variable pay rates funding reach record levels, survey, In Brief, 1349
– Wage Trend Indicator (WTI), BLS report, 4th quarter 2006, revised, 28; 4th quarter, final, 140; 1st quarter 2009, preliminary, 329; 1st quarter, revised, 490; 1st quarter, final, 607; 2nd quarter, preliminary, 818; 2nd quarter, revised, 977; 2nd quarter, final, 1145; 3rd quarter, preliminary, 1347; 3rd quarter, revised, 1483; 3rd quarter, final, 1686
– Whistleblower retaliation, OSHA orders remedies and withdrawal of claims against employees who raised safety concerns (Conn. Super. Ct.), 610
– Women

– – Median annual earnings for ages 25-54 up 60% between 1979-2007, CBO reports, 1655
– – Recession impact on earnings and employment, forum discussion, 825

– Workload increase preferable to pay cut to avoid layoff, Harris employee survey, 114

WAITERS AND WAITRESSES

See generally FOOD SERVICES
– Tips

See TIPS

WAIVERS

– ADA, “substantive waiver” not enforceable, but office cleaner cannot be compelled to arbitrate where blocked by SEIU pact (S.D.N.Y.), 850
– Financial reporting, PBGC releases final rule, In Brief, 438
– Mandatory arbitration, statutory bias, collective bargaining, panelists discuss Pyett ruling and issues confronting negotiators, 1261
– Utah, gov. signs resolution seeking waivers for employer-sponsored guest worker program, 456

WALKOUTS

See WORK STOPPAGES

WAREHOUSES AND DISTRIBUTION CENTERS

– Vincent/Metro Trucking ordered to bargain while NLRB resolves ULP charges (D. Minn.), 1374

WARN ACT

See WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

WASHINGTON

– Agency fees, nonmembers represented by union lack private right to sue union for violation of state law but may sue for restitution (Wash. Ct. App.), 23
– Green jobs, potential for job growth highlighted in Wash. state agency report, 224
– Political action strategy, Wash. State Labor Council reformulates as support for Democrats wanes, 1319
– Privacy act e-mail inadvertently sent to state legislators by Wash. State Labor Council, state patrol probes, 455
– Unemployment insurance, gov. signs bill to hike benefits and expand training, 338
– Workers' compensation, gov. signs bill requiring Labor and Indus. Dep't to give education and outreach to construction contractors, 827

WASHINGTON STATE NURSES ASSOCIATION (WSNA)

– LMRA, hospital that unilaterally imposed flu vaccination policy without bargaining violated (W.D. Wash.), 1592

WASTE MANAGEMENT

– BFI Waste Sys. of N. Am., failure to contribute multiemployer pension funds for “worked vacation pay” violates NLRA and ERISA (N.D. Cal.), 1016
– Treatment

See UTILITIES

WEBSITES

See INTERNET

WELFARE

– Food stamp eligibility for strikers

See LEGISLATION, FEDERAL, HR 3048

WELFARE BENEFIT PLANS

– N.J. Carpenter Funds, arbitrator's ruling that furniture service only remit benefit fund contributions for union members exceeds his power in interpreting CBA, award vacated (D.N.J.), 399

WELLNESS PROGRAMS

– Health Workforce Act

See LEGISLATION, FEDERAL, HR 1897, S 803

WEST VIRGINIA

– Industrial accident reporting rule adopted, In Brief, 940

WHISTLEBLOWING

– Am. Recovery and Reinvestment Act

See LEGISLATION, FEDERAL, HR 1

– Driving safety, OSHA orders UPS to rehire driver, pay penalties, back wages, benefits and damages, 593
– Labor Outlook 2009, SplSupp (01/29/09)
– N.Y., gov. vetoes bill expanding protections for public and private employees, 1609
– Ore., gov. signs bill protecting public and private employees, In Brief, 1073
– Protecting Am.'s Workers Act

See LEGISLATION, FEDERAL, HR 2067

– Retaliation

– – Airline Deregulation Act, airline mechanic may pursue Ill. law claim for firing in retaliation for complaining of federal safety rule violations (Conn. App. Ct.), 61
– – Preventive measures, retaliation claims, legal and practical concerns, attorneys address, conference, 576
– – Reform, improved oversight, tracking of complaints, and more resources needed to protect workers, GAO report, 371
– – Safety concerns, OSHA orders withdrawal of defamation claims and payment of wages, damages and legal fees (Conn. Super. Ct.), 610
– – Tenn., retaliatory discharge ban clarified under bill awaiting enactment, In Brief, 828

– Transp. Sec. Workforce Enhancement Act

See LEGISLATION, FEDERAL, HR 1881

WIA

See WORKFORCE INVESTMENT ACT (WIA)

WISCONSIN

– Fair Employment Law, legislature approves bill imposing stiffer damages for job bias, 782; gov. signs bill, 988
– Smoking ban, gov. signs bill, 868

WITNESSES

– Skip counsel rule, NLRB memo outlines policies regarding contacts with parties and witnesses represented by counsel, 1628

WOMEN

– Defined benefit plans, retirement security, comparative factors, Natl. Inst. on Ret. Sec., 785
– Flexible work arrangements, briefing, 1730
– Labor force participation rate, BLS report, 2008, 1638
– Median annual earnings for ages 25-54 up 60% between 1979-2007, CBO reports, 1655
– One half hold all jobs, update of labor standards urged, report, 1697
– Recession

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

– Retention and recruitment, Job Corps training program finds difficulty meeting enrollment goals, GAO report, 1075
– Training

– – ARRA, changes in UI and job training urged to help level playing field, conference, 414
– – Career advancement, various ways agencies and programs can help, Solis highlights, conference, 575

– Valuing Families Agenda, policies, legislation to rebuild economic security highlighted, 1731
– Wage gap

See PAY EQUITY

– White House Council on Women and Girls, Obama signs E.O., 435
– Worldwide job loss, economic crisis could cause 22M lost jobs, ILO warns, 459

WORK/LIFE ISSUES

– Economic recovery

– – Changes in how employers deal with work/family issues and immigration policy key, speakers say, conference, 296
– – Middle-class working families

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– Family-friendly policies, unionization has positive impact, except in flexible work arrangements, report, 1197
– Family Income to Respond to Significant Transitions (FIRST) Act

See LEGISLATION, FEDERAL, HR 2339

– Flexible work arrangements, briefing, 1730
– Health aspects of flexibility practices, researchers highlight, 1693
– Obama approach to labor and employment issues pragmatic, more aggressive on work-family issues, speakers say, ABA conference, 1260
– Time use survey, BLS, 2008, 1066
– Valuing Families Agenda, policies, legislation to rebuild economic security highlighted, 1731
– Women

See WOMEN

– Working Families Flexibility Act

See LEGISLATION, FEDERAL, HR 1274

– Workplace Watch, 1st quarter 2009, Towers Perrin survey, 910

WORK SCHEDULES

– Commuter RR workers, FRA to examine, In Brief, 861
– Flexible

See FLEXIBLE WORK SCHEDULES

– Flight attendant scheduling disagreement ruled minor dispute under RLA subject to arbitration, injunction overturned (9th Cir.), 935
– Fluctuating workweek, back pay calculation of misclassified employees determined by regular rate of pay based on biweekly salary compensation employees received, Op. Letter, 461
– Portugal labor codes implemented with new comprehensive rules, 372

WORK STOPPAGES

– IUOE members walkout after pact dispute with W. Energy, 478; pact ratified, 554
– Lockouts

See LOCKOUTS

– Major work stoppages, BLS report, 2008, 291
– Prayer breaks, EEOC rules meat firm bias for firing Muslims after walkout for being denied prayer accommodation, 1401
– Protected activity, drivers' walkout during work hours to attend bargaining meeting not protected (D.C. Cir.), 206
– Strikes

See STRIKES

– Unemployment insurance, nurses striking hospital entitled to recover since strike failed to meet definition of “work stoppage” under N.J. law (N.J.), 207
– Workers United threaten sit-in if creditors liquidate and close garment plant, 755

WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

– Delivery drivers failed to make prima facie case that employer violated Act (N.D. Ill.), 1558
– “Faltering business” exception, challenge to whether trucking firm qualified for defense (U.S., rev den), 521
– FOREWARN Act

See LEGISLATION, FEDERAL, HR 3042, S 1374

– N.H. gov. signs bill covering 75 or more workers, 1320
– N.Y., emergency/proposed rules governing interpretation and implementation for WARN Act passed in 2008 issued, 222; job losses prompt publication of rules, 338
– Pre-bankruptcy petition for pension benefits, WARN Act debt not priority administrative expenses (6th Cir.), 248

WORKER, RETIREE, AND EMPLOYER RECOVERY ACT (WRERA)

– Pension funding rules, impact of changes under newly enacted law highlighted, conference, 217
– Zone status freeze, trustees deadlocked, UFCW plan cannot elect to freeze funding status at 2008 levels (Arb.), 1221

WORKERS' COMPENSATION

– Gas station owner arrested for violating N.Y. wage and hour laws, 513
– Low wage workers, FLSA violations rampant, study, 1445
– Misclassification of employees

– – FedEx drivers, state AGs urge proper classification to ensure workers have labor protections and that payroll taxes are paid, 1042
– – N.J., gov. signs bill imposing penalties on employers that misclassify employees as independent contractors, 1195

– Reporting requirements, DOL rule requiring UTU's designated legal counsel to file LM-10 form upheld (11th Cir.), 1341
– Wash., gov. signs bill requiring Labor and Indus. Dep't to give education and outreach to construction contractors, 827

WORKERS UNITED

– Del. N. Cos. Travel Hospitality Servs., NLRB representation election sought after UNITE HERE ratifies new national pact, 1284; NLRB Reg. 22 dismisses request for new election (NLRB Reg. Dir.), 1416
– Dues, criminal charges filed against Aramark alleging theft for holding money in escrow, 1286
– Host Intl., Tampa Airport workers elect WU, 1246
– Local 75 is bargaining representative for laundry workers despite disaffiliation from UNITE HERE, election petition dismissed (NLRB), 958; ruling upheld, review denied (NLRB), 1221
– Local 1426 and Bemis slated to continue mediated talks after strikers reject second pact, 1369; pact ratified ending six-week strike, 1409
– New union affiliates with SEIU, 471; GEB elects former UNITE general president Raynor president, 881; SEIU IEB names Raynor executive VP, 957; status hearing reviews ownership of UNITE HERE assets, attorney conflict of interest questioned (S.D.N.Y.), 1166
– ULPs, NLRB official issues guidance on how to handle charges and representation petitions stemming from UNITE HERE/WU dispute, 1041
– Work stoppages, members threaten sit-in if creditors liquidate and close garment plant, 755

WORKFORCE INVESTMENT ACT (WIA)

– Green Jobs Improvement Act

See LEGISLATION, FEDERAL, S 1238

– Lower Living Standard Income Level, DOL announces 2009 revised levels, 519
– Reauthorization to meet needs of 21st century urged by House panel witnesses, 282; witnesses urge innovation, new approaches, one-stop service delivery system, local control and accountability, 359; one-stop career centers need accountability measures, more funding, economist urges fixes in policy paper, 831; ETA withdraws proposed rule in face of Congressional prohibition against publishing a rule until WIA is reauthorized, 1338
– Youth, adult and dislocated workers programs, ETA announces state allotments from ARRA, 482; OIG report finds ETA lacks process and software to validate adult and dislocated worker data, 1698

WORKFORCE REDUCTIONS

– Layoffs

See LAYOFFS
– – Announcements

See LAYOFF ANNOUNCEMENTS

– RIFs

See REDUCTIONS IN FORCE (RIFs)

WORLD TRADE ORGANIZATION (WTO)

– Antidumping rules and other U.S. remedies law, direction of ongoing talks unacceptable, USW president tells outgoing officials, will work with new administration to rein in, 71

WRERA

See WORKER, RETIREE, AND EMPLOYER RECOVERY ACT (WRERA)

WRONGFUL DISCHARGE

– ADA, arbitration ruling on whether worker who resigned without notice under terms of union pact bars re-litigating issue in related suit challenged (U.S., rev den), 324
– Fair representation duty, CWA member failed to prove employer breached by limiting back pay (8th Cir.), 853
– LMRDA, jury award upheld in UFCW Local 951 business agent's claim in violation of just cause, LMRDA preemption inapplicable (6th Cir.), 934
– Organizing, NLRB has jurisdiction over retaliatory discharge claims by hospital employee (Ky.), 208

WSNA

See WASHINGTON STATE NURSES ASSOCIATION (WSNA)

WTI (WAGE TREND INDICATOR)

See WAGES AND SALARIES

WTO

See WORLD TRADE ORGANIZATION (WTO)