|
|
|
|
||
|
||
|
Vol. 56, No. 2759 - 2807, pp. 1-1592 March 4, 2010 - Feb. 24, 2011 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
– Child labor
See CHILD LABOR
See MINIMUM WAGE
See OVERTIME
– Pact breach, union refusal to grieve shipyard firing member on probation (E.D. Pa.), 409
– Boston Harbor work site, improper scaffolding set up and other problems, OSHA proposes fines, 1521
– C.A. Franc Constr., contractor sentenced failure safety rules violation, roofer death after fall, 569 – Causation, demolition project, worker struck from behind while working on scaffold, citation and penalties (OSHRC, rev grant), 441 – Construction or demolition standard, citation for failure to implement system, which standard applicable (OSHRC, rev grant), 24
– – Walking and working surfaces, OSHA proposed rule revision, 400
– Fully planked scaffolding, exception for workers strictly building, failure to have responsible person, ALJ must specify standard violated (OSHRC), 1523 – I-10 Twin Span Bridge, La., violation, 10 workers fell from bridge, assessment of witnesses' credibility needed (OSHRC, rev and rem), 1267 – Indemnity, construction management firm reimbursement for payment for contractor's worker fall for manager's negligence (Iowa Ct. App.), 346 – Ky., whether seriousness of violation can depend on where on flat roof work was done (Ky. App.), 1487 – Kirberg Roofing and Davila Sheet Metal, OSHA cites, proposes fines after worker death from fall through roof opening, 1053 – Lanyard system, roofer with back and wrist injuries after fall, contractor pays damages to subcontractor worker, accord (Ill. Cir. Ct.), 650 – Mast climbing, advisory panel urges OSHA to address dangers, white paper presented, 1260 – Negligence, high voltage electrocution after scaffolding fall, expert witness only qualified on low voltage system (5th Cir.), 1582 – Personal injury, failure to instruct jury that violation of OSHA standards could prove negligence (Iowa App.), 1302 – Piercing the corporate veil, legal identities, attribution of predecessor's citation history of fall protection violations (OSHRC), 1203 – Residential
– – Balcony collapse during construction, OSHA proposed fines, 619
– – OSHA advisory panel to discuss, 147; OSHA to rescind interim guidelines soon, as previously recommended, Michaels , 1194; guidelines formally rescinded in June, 2011, replace with new directive, semiannual regulatory agenda, 1291 – Scaffold Industry Ass'n, Houston, OSHA safety alliance to cut risks, better train on NIST standards, 30 – Scaffolding disassembling, intentional tort, vicarious liability, no evidence injuries from fall worsened by move (5th Cir.), 1554 – Scaffolding erection deficiencies, brickwork firm owners arrested, OSHRC final orders compliance (8th Cir.), 1395 – Scaffolding, top violations cited by OSHA, FY2010, 1053 – Structural member, structural or performance requirements, wearing hardhats to protect against falling objects, and space between scaffold planks, OSHA interpretation letters, 238 – Union jurisdiction, award to LIUNA in suit against Brand Energy over scaffolding work awarded to other union (D.D.C.), 824; LIUNA ordered to reduce attorney's hourly rate, 1121 – Using inadequate and unapproved kits, Cal. shuts down Merifee residential construction site, 93 – Vehicle-Mounted Elevating and Rotating Work Platforms, serious citation for field modification without maker certification (OSHRC, rev grant), 1401
– False certifications on wage payments, contractor to pay damages (M.D. Tenn.), 105; motion to alter or amend award untimely (rev den), 580
– Qui tam, foreman retaliation for false claims on U.S. embassy in Iraq, no fraud or adverse treatment (4th Cir.), 649
See AGRICULTURE
– C & M Builders, occupational safety and health, expert witness, testimony on statutory duty to cover openings, negligence, subcontractor's worker death (11th Cir.), 471
– C.A. Franc Constr., contractor sentenced failure safety rules violation, roofer death after fall, 569 – Compass Envt'l, reasonably prudent employer would anticipate exposure to overhead power lines, provide training on electrocution hazard (rev), 544 – Crane collapse, rigger and firm acquitted of homicide (N.Y. Sup. Ct.), 733 – Crane collapses – Fall protection
See FALL PROTECTION
– Kirberg Roofing and Davila Sheet Metal, OSHA cites, proposes fines after worker death from fall through roof opening, 1053 – Kleen Energy System, OSHA levies fines for power plant explosion, 730 – Negligence, high voltage electrocution after scaffolding fall, expert witness only qualified on low voltage system (5th Cir.), 1582 – Negligent homicide, manslaughter, assault, and reckless endangerment, charges filed in crane collapse that killed 2 (N.Y. Sup. Ct.), 58; acting chief N.Y.C. building inspector pleads guilty to taking bribes, falsifying reports, 156; crane firm owner pleads guilty to bribing building inspector, 383; senior inspector sentenced, 551; crane owner sentenced, 940 – Power plant, CSHIB report on Conn. natural gas explosion, ASME ban, OSHA standard urged, 957 – Protecting America's Workers Act – Scaffold dismantling, OSHRC deciding whether to review ALJ decision using per-instance penalty policy, 1179 – Strategic plan, OSHA 5 goal to cut deaths from falls, electrocution, caught-in/caught-between and struck-by accidents, 1233 – Subrogation, primary insurer reimbursement of excess insurer for accord in roof collapse fatality (Cal. Ct. App.), 55 – Wrongful death, OSHA investigators, denial of motion to compel testimony (N.D. Ill.), 765
See BUDGET, U.S.
– Affirmative action under VEVRAA, OFCCP likely to propose rules, semiannual regulatory agenda, 263
– Disability bias, data on how federal contractors can better monitor recruitment and hiring required, semiannual regulatory agenda, 263 – Enforcement, DOL solicitor says no limits on suits filed, as previous administration policy, 1056 – FY2012 budget, administration proposal, DOL funding cuts, increased funding for multiagency misclassification initiative, 1547 – Labor law violations, administration policy of preferences based on history, GAO report may signal, 1143 – Production schedule, Shiu says contractor workplace changes needed, regulatory agenda serious, 305 – Quantitative goals for disabled workers and veterans, employer transparency, former official questions, ABA meeting, 1106 – Specific contracts and contractors – URS Energy & Constr., recordkeeping violations, accord (DOL ALJ), 1148
– Amerind, HVAC supplier recovery for materials on expired performance bonds, unjust enrichment (D. Nev.), 1338
– AmeriscoSolutions, Elmendorf Air Force Base, USACE remediation completion date waiver (ASBCA), 1239 – Army
– – Fort Carson, contractor guilty plea, gratuity to contracting officer (D. Colo.), 1336
– – Fort Sill, joint venture failure to qualify under SBA eligibility rules, award of maintenance contract to competing bidder (Fed. Cl.), 152 – DOD, source selection guidance, better training in use of best-value tradeoff process, GAO report, 1092 – FBI field office, contractor entitled to price adjustment after wage rate modified (CBCA), 1337 – Fed. Awardee Performance and Integrity Info. Sys., final rule, 176 – FEMA, Tri-County Contractors debarred for failure to pay prevailing wages on post-Hurricane Katrina work (DOL ARB), 1196 – Filing false certifications on wage payments, contractor ordered to pay damages (M.D. Tenn.), 105; motion to alter or amend award untimely (rev den), 105 – High Road, proposed policy giving preferences to contractors who adopted practices beyond requirements, ABC opposes, 1366 – Kickbacks from public works staff, Mich. construction contractor on federally funded project, prevailing wages, guilty plea (E.D. Mich.), 924 – Labor law violations, administration policy of preferences based on history, GAO report may signal, 1143 – NLRA, OLMS set to publish final rule on poster informing workers of rights, 369; U.S. Chamber of Commerce, opposition to barring reimbursement of contractors' costs in persuading workers, 493 – Nuprecon, citation for failure to implement fall protection system, whether demolition or construction standard applied (OSHRC, rev grant), 24 – Organizing, E.O. 13494, U.S. Chamber of Commerce opposition to bar on reimbursement for expenses of persuading workers on unionizing, 493 – Prevailing wages
See DAVIS-BACON ACT
– Sant-Tec Elec., N.Y. subcontractor debarred from federally funded projects for violating prevailing wage laws (DOL ALJ), 1229 – Secure the Capitol Act – Subcontracting – VA, Pittsburgh research office, PLA mandate for bids withdrawn, 1366 – Wash. Safety Mgmt. Solutions, pension amendment to remove supplement for early retirement, ERISA anti-cutback rule (S.D.C.), 220 – Women-Owned Small Business (WOSB) program, SBA procurement set-aside for federal contracts authorized, final rule, 991
– Prevailing wages after Hurricane Katrina, Tri-County Contractors debarred for failure to pay (DOL ARB), 1196
– Law enforcement
– High-voltage electric transmission lines, rule proposed, renewable energy developers want, states and large utilities want to retain local control, 1030
– Bonner Bridge, FHWA record of decision allows repair and replacement project, 1313
– Construction noise, highway projects, rules to decrease updated, 611; proposal withdrawal not regulatory issue, 1472 – Decentralization and privatization, GOP caucus recommends spending cuts, BCTD says cuts will raise costs, cut jobs, 1474 – Every Day Counts initiative, website launched, 870 – Lake Champlain Bridge replacement, N.Y. officials close to abandoning effort to attach PLA to bid solicitation, 221 – Traffic control, FHWA seeking comments costs and benefits of nationwide guide for traffic signals and road markings, 1201
– Failure to pay, conviction upheld, remand for recalculation of restitution (6th Cir.), 817
– RICO, fraudulent classification of painting and refinishing workers to evade taxes, mail and wire fraud (E.D. Mich.), 471
See PREEMPTION
– Tax-delinquent contractors, agencies must respond to survey collecting data on policies and practices, 11
– FRB Beige Book Survey, year-to-date, 19; 213; 1199
– Worker misclassification, rule changes may make it easier to target in audits, 1165
– Lake Area Fence, LIUNA secondary boycott NLRB regional director found reasonable cause, NLRA §8(b)(ii)(b), injunction request (D. Minn.), 1063
– Bankruptcy estate, Madoff firm investors denied relief by trustee charge SIPC scam (D.N.J.), 46; SIPC warns of website mimicking own to swindle investors defrauded by Madoff, 46; director of operations indicted for conspiracy, securities fraud, for role in covering up Ponzi scheme (S.D.N.Y.), 145; UBC Local 280 class action, fiduciary breach, merger with other plans invested with Madoff (W.D.N.Y.), 397; civil actions against back office staff, knowing participation, forfeiture of assets sought (S.D.N.Y.), 530; trustee sues entities owned by Madoff relatives to reclaim assets, 688; Beacon Associates to distribute assets to investors pro rata, valuation method approval, 690; $73M in Ponzi scheme deposits in Gibraltar, release of funds sought (Bankr. S.D.N.Y.), 819; Gibraltor seeks release of funds (Bankr. S.D.N.Y.), 819; Ivy Asset Mgmt. and other entities tied to Ponzi scheme, potential liability for breach, 988; IBT pension fund trustees' fiduciary breach claim for investing in reckless hedge fund (S.D.N.Y.), 998; DOL files suit against investment managers who had cause to question investments (S.D.N.Y.), 1054; broker-dealer and former officials for marketing investigations in return for excessive feels, SEC accord, 1092; DOL supports pension funds' claims that investment managers violated ERISA fiduciary duties (amicus briefs), 1141; issue of material fact as to status of Madoff's brother as culpable participant (D.N.J.), 1197; investor agrees to civil forfeiture of $625M in accord, available to victims, 1235
– Conflict of interest, conflict of interest, attorneys represented Huntington Natl. Bank plan administrators and participants (N.D. W.Va.), 216 – Financial hardship due to mortgage crisis, home builder officials failed to tell workers, 401(k) offered stock when no longer prudent (N.D. Ga.), 218 – 404(c), imprudent or poor investment decisions, accord for payment of excessive fees to subsidiary acting as investment manager, accord reached (N.D. Cal.), 1027 – Improper investment of PPF pension funds in risky real estate bonds, DOL consent order requires restitution, suit filed against firm and owner (E.D. Va.), 1260 – Life insurance, failure to tell terminally ill worker of right to request living benefits (W.D. Wis.), 468 – Misuse of plan assets and failure to prudently evaluate legal bills, IBEW Local 99 plan trustees to make restitution, DOL accord (D.R.I.), 1090 – Multiemployer plans
– – Borzi commends steps taken to preserve, future not bright for continuation, 300; updating premiums to prevent further insolvencies, Senate hearing, 423
– – Liability insurance, limits and benefits, report, 758
– – Delinquent contributions, contractor personally liable, benefits withheld from pay vest immediately (W.D. Pa.), 1399
– Risky asset-backed securities, Bank of N.Y. Mellon, So. Cal. IBEW-NECA pension fund, investing plan assets in floating-rate note (S.D.N.Y.), 245 – SIPC
– Due process
See DUE PROCESS
– Multiemployer plans
– – Disclosures on risks of participation, more stringent rules proposed, 809
– – Project improving participation disclosures added to agenda, 103; proposed rules challenge, AGC official, 379 – – Withdrawal liability, proposed rules on disclosures, 754
– AA Capital Partners, investment advisor sentenced, excessive fees, building trades unions plan assets for personal use (N.D. Ill.), 529
– Bank of N.Y. Mellon, So. Cal. IBEW-NECA pension fund, investing plan assets in floating-rate note, fiduciary breach (S.D.N.Y.), 245 – Capital gains tax, failure to extend rate could disrupt economic recovery, companies and trade groups, 666 – C.S. Capital Management, DOL consent order, restitution for improper investment of PPF pension funds inn risk real estate bonds (E.D. Va.), 1260 – Huntington Natl. Bank, conflict of interest, attorneys represented plan and participants (N.D. W.Va.), 216 – Madoff Investment Securities, investors denied relief by bankruptcy trustee, SIPC scam charged (D.N.J.), 46; Ivy Asset Mgmt. and other entities tied to Ponzi scheme, fiduciary duty breach, 46; SIPC warns of website mimicking own to swindle investors defrauded by Madoff, 46; director of operations indicted for conspiracy, securities fraud, for role in covering up Ponzi scheme (S.D.N.Y.), 145; UBC Local 280 class action, fiduciary breach, merger with other plans invested with Madoff (W.D.N.Y.), 397; civil actions against back office staff, knowing participation, forfeiture of assets sought (S.D.N.Y.), 530; trustee sues entities owned by Madoff relatives to reclaim assets, 688; Beacon Associates to distribute assets to investors pro rata, valuation method approval, 690; $73M in Ponzi scheme deposits in Gibraltar, release of funds sought (Bankr. S.D.N.Y.), 819; Gibraltor seeks release of funds (Bankr. S.D.N.Y.), 819; IBT pension fund trustees' fiduciary breach claim for investing in reckless hedge fund (S.D.N.Y.), 998; DOL files suit against investment managers who had cause to question investments (S.D.N.Y.), 1054; DOL supports pension funds' claims that investment managers violated ERISA fiduciary duties (amicus briefs), 1141; issue of material fact as to status of Madoff's brother as culpable participant (D.N.J.), 1197; investor agrees to civil forfeiture of $625M in accord, available to victims, 1235 – National Infrastructure Development Bank Act – Wachovia Bank, general contractor claim, IBEW violated state late by pressuring bank to stop doing business (N.J. Super. Ct. App. Div.), 86
See PENALTIES
– 9/11 Health and Compensation Act
See generally NEW YORK, subheading: World Trade Center
– Chilling effect, Or. law bars worker discipline for missing mandatory meetings where employers views on unions expressed (D. Or.), 343
– Freedom of speech
– M&M Installation, alter egos, nonunion firm as sham to avoid pact duties (9th Cir., rev and rem), 1299
– E-Verify, attorney general asks governor to direct state agencies to use, hiring state workers and contractors, 631
– Fort Lauderdale-Hollywood Intl. Airport, proposed runway expansion, environmentally preferable alternative site (D.C. Cir.), 1340 – Indian Shores, condominium conversion, contractors found guilty, work done without asbestos survey, bid for removal rejected (M.D. Fla.), 1473 – Transp. Dep't, res judicata, contractor suit for pact breach after damages award for failure to get permits for night work (Fla. Dist. Ct.), 410 – Transportation initiatives, sales taxes to pay for transportation projects rejected, 1115; Democratic legislators urge lifting freeze on state transportation projects over $1M, 1404 – Undocumented workers hiring scheme to avoid employment taxes, prison terms (S.D. Fla.), 832 – Workers' compensation
– – Failure to cover workers, worker misclassification, businesses shut, 509
– – Market, competitiveness, number of entities, market shares of actively writing firms, number entering and exiting market, financial performance, 2010 annual report, 1376 – – Rate hike, Natl. Council on Comp. Ins, request rejected, 1041
– Food stores
See GROCERY STORES
– OSHA FY2010 inspection plan, resources directed to high hazard workplaces with highest injury and illness rates, 1056
– Whistleblowing, manager RIF after reporting possible violation, restructuring, pretext (N.D. Ohio), 474
See INTERNATIONAL LABOR; specific countries
– Cleveland Natl. Forest, San Diego Gas & Electric proposed Powerlink, construction and operation of high voltage transmission line approved, 623
– Los Padres Natl. Forest, accord for fire in national forest, sparks from cutting tool ignited, DOJ accord (C.D. Cal.), 942
– Employer's Quarterly Federal Tax Return, Form 941, IRS draft reflects HIRE Act requirements, 103; errors on returns claiming tax credits and exemptions, IRS developing compliance plan, quarterly audits, 608; erroneous overpayment notices sent, IRC, processing software error, 987
– Form 1099
– – ARRA reporting requirements, U.S. Chamber of Commerce urges repeal, 755
– – Filing critical to be eligible for §530 safe harbor in worker classification audits, IRS official, 332
– – Authority to collect information, request for 3-year extension, 873
– – Continued use, EBSA seeking comments, 578; PBGC seeks OMB approval for continuation, 578 – – EFAST2
– – – Filers, wrong PIN most common mistake, 788
– – – Filing deadline, government employers need extension, industry groups tell EBSA, 985 – – – Filing deadline, government plans need extension, groups tell EBSA, 985 – – Schedule R, PBGC technical update, clarifies instructions, limited reporting relief for 2009 plan year, 460; text, 483 – HIRE Act, IRS form W-11, help claim special payroll tax exemption for newly hired workers, no effect on Social Security tax contributions, 208 – I-9, ICE enforcement increasing, employers warned of pitfalls of forms with missing data, 143; acceptable identity and employment authorization documents, proposed rulemaking, USCIS semiannual regulatory agenda, 266; rules letting employers to complete, sign, scan, and store electronically, final rule, 667; USCIS revised I-9 instruction manual, 1396 – Immigration, petitioners should start using revisions, including I-129, I-912, and new I-924, 1171 – LM-30, change disclosure form for union officers and workers, OLMS semiannual regulatory agenda, 263; OLMS proposing new rule, questions unanswered by 2007 rule, 719; unions support proposed changes, reporting requirements for union officials challenged, 1253 – LMRDA, OLMS priority, electronic filing, persuader agreements, Outlook 2011, 1461 – OSHA Form 300
– – Certification, steel erection firm safety and risk manager signature did not comply with standard (OSHRC, rev grant), 1037
– – Log, column to be added to record musculoskeletal disorders, semiannual regulatory agenda, 264; White House regulatory office extends review period, 990 – T-1, OLMS final rule rescinding, trusts to file LM-2, subsidiary organization annual report, semiannual regulatory agenda, 263; unions approve, employer and other groups disapprove, decreases transparency, 297; final rule rescinds T-1, replaces with requirement to report on LM-2, 1191; final rule effective date corrected, 1231; final rule will be first, Outlook 2011, 1461
– Failure to timely forward worker contributions and collect employer contributions, EBSA suit against contractor (E.D. Cal.), 628
– Failure to timely remit contributions and loan payments, DOL suit against contractor (C.D. Cal.), 951 – Matching contributions, employer portion discretionary (D.D.C.), 469 – Middle Class Task Force, recommendations on way to help middle class workers and families, 14 – Rollover deadline, financial institution failure to follow written instructions, IRS PLR, 1087
– Russell/Thompson, Cal. orders damages and fines, failure to pay prevailing wages on university housing project, 585
– Bankruptcy, contractor pleads guilty (D. Ore.), 815
– Computer Fraud and Abuse Act, LIUNA mass e-mail, attempt to disrupt business operations (E.D. Mich.), 440 – Conspiracy to defraud UBC benefit funds, trustee and contractor inclusion, common plan or scheme (S.D.N.Y.), 140; review officer appointed, 457; union business agent guilty plea, 606; Local 608 official guilty plea, 640 – DBEs, Chicago, fraud, abuse, and mismanagement, women and minority participation lower than previously reported, IG report, 444 – Foreign labor certifications and wage data for jobless benefits, DOL needs authority to verify accuracy, OIG semiannual report to Congress, 1232 – Immigration, USCIS redesigned permanent resident card, counterfeiting harder, 336 – IUOE Local 68 former president pleads guilty (D.N.J.), 791; sentenced, 1333
See MAIL FRAUD
– Money laundering, mail fraud, and obstructing grand jury, attorney at large despite guilty plea pending appeal (2d Cir.), 664 – N.Y., general anti-fraud drive, strengthened state false claims law, investigations boosted, 1491 – Qui tam, foreman retaliation for false claims on U.S. embassy in Iraq, no fraud or adverse treatment (4th Cir.), 649 – Racketeering – Tax fraud
See TAX FRAUD
– Workers' compensation, owner of Tenn. labor subcontracting firms indicted, 1157
– Vaughn index, DOL not required to justify withholding documents from IUOE Local 2, interference with law enforcement proceedings (N.D. Ill.), 1083
– LMRDA, disciplinary charges in retaliation for exercising rights, jury award to IBT local official, mixed motive instructions (7th Cir.), 87
See also specific types of benefits
– E-Stamps, default judgment for contractor failure to make CBA-required purchases (E.D. Mo.), 1553 – Notice of intent to terminate
– – Conditional notice, employer not bound to successor CBA and benefit funds contributions (6th Cir.), 874; (U.S., rev den), 961
– – Unionized painting contractor and nonunion general contractor liability, alter egos, unpaid contributions (6th Cir.), 278; IUPAT gets attorneys' fees (E.D. Mich.), 1485 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
