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Vol. 46, Nos. 2335-2383, pp. 1-1514 Jan. 5 -Dec. 28, 2010 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
– Breastfeeding at work, PPACA amendment requires reasonable time to express milk, 462; reasonable accommodation, breaks and facilities for expressing milk, does not supersede greater state laws, BNA Insight, 1201; WHD preliminary interpretation, duty to provide reasonable break time and place for nursing mothers to express milk, 1498; rise in number of nursing mothers at work predicted, report, 1498
– Child labor
See CHILD LABOR
See CLOTHES CHANGING
– Minimum wage
See MINIMUM WAGE
– Case Notes, 795
– Disability benefits, no breach where NALC official withdrew appeal, member fired for failure to report band earnings during leave (7th Cir.), 559 – Race bias, USW local duty to help black member harassed by Hispanic co-workers and supervisors, availability of punitive damages (N.M.), 860
See AGENCY FEES
– Va., nonbinding directive to state agencies, parental status bias ban, 297
– Domestic partners
– Marital status
See WORK/LIFE ISSUES
– N.J., family leave insurance tax rate cut, 1335
– Vacation during leave, bus driver refusal to sign last chance agreement (E.D. Mich.), 76 – Workplace flexibility, policies and political debates must include roles of men, panel, 1123 – Workplace support for caregiving, workers would take pay cut for more flexibility, poll, 1216
– Age bias, travel permission, Memphis forensic nurse denied time off during leave for heart condition (6th Cir.), 435
– Case Notes, 1168 – Childbearing leave, arbitration ruling on early return, pact provision, bias against men (Pa. Commw. Ct.), 759 – Coaching supplements, coach removed after medical leave, pay supplement cut, pretext (8th Cir.), 274 – Damages, front pay is equitable remedy, judge decides whether and how much owed (9th Cir.), 271 – Disability bias, intermittent leave, express mail clerk with Meniere's disease, return-to-work clearance, request form deficiencies (6th Cir.), 786 – Federal workers, job hopping, consider right to take leave before move, BNA Insights, 1105 – Leave denial, depressed Neb. emergency services dispatcher fitness-for-duty test failure, no leave request (8th Cir.), 947 – Liquidated damages, hospital pathologist removed after leave for depression, only back pay eligible for inclusion in calculations (E.D. Cal.), 469 – Military families, OPM proposed amended rules, leave administration complicated, Analysis, 25; qualifying exigency leave for active duty, proposed OPM rule implementing NDAA, 1361 – Misrepresentations, Tex. firefighter claim for leave to care for wife, failure to disclose personal bankruptcy discharged debts (5th Cir.), 1162 – Retaliation
– – Interference, Wis. county administrative assistant firing for taking repeated leave (7th Cir.), 621
– – Pretext or retaliatory animus in USPS reasons for employment actions (1st Cir.), 619 – – Race bias, timing close enough between charge and leave denial and negative rating, no evidence of pretext or causal connection (5th Cir.), 1278
– – Immunity, black court worker, race bias, retaliation, 11th Amend. protection for state (4th Cir.), 1400
– – Tex. university HVAC technician fired after leave, abrogation of 11th Amend. sovereign immunity (Tex.), 894
– Caregiver bias, volume of complaints booming, more substantial verdicts, need to watch new supervisor syndrome, second child bias, elder care effect, 443
– Caregivers, local laws ban bias not federal and state, 10 – Elder care
See ELDER CARE
See AGRICULTURE
– N.J. Transit, OSHA orders damages, corrective action for worker fired for reporting explosion that killed contractor, 428
– Occupational Safety and Health, Wash. Metro. Area Transit Auth. cited for departures from safety rules in track worker fatalities, 971 – Special Agent Samuel Hicks Families of Fallen Heroes Act – Workplace violence, escalation during economic crisis, trends, government responses, employer liability and policies to limit, BNA Insights, 956
– Contracting out, Feingold seeks policy that security services in war zones and oversight of private security inherently governmental, 739
– Exclusive jurisdiction, former worker denied private aircraft inspection job, retaliation claims intertwined (5th Cir.), 1373
– Air marshals, FAA personnel system, veterans' preferences, applicant appeal, no MSPB rights (Fed. Cir.), 1157
– Air traffic controllers, control specialist fired for sexual harassment may not appeal MSPB decision (Fed. Cir.), 403 – Grass roots lobbying, attempts by NATCA and officers to speak on legislative issues, VA bar was ULP (FLRA), 1039 – Human capital management, more comprehensive workforce strategy needed, ensure skilled people hired and trained, GAO report, 1269 – NATCA impasses, FSIP ability to resolve, reviewing prior decision (D.C. Cir.), 712 – Profanity, removing NATCA local official after using during union activity (FLRA), 192 – Race bias, timeliness of aircraft inspector claim for lowered grade level (6th Cir.), 105 – Retaliation, former FAA worker denied private aircraft inspection job, claims intertwined (5th Cir.), 1373 – Sex bias, senior official, no adverse action (D.C. Cir.), 71
See BUDGET, U.S.
– Exhaustion, veterans' preference, disabled veteran applicant rating before interview, charge before interview premature (Fed. Cir.), 1307
– Hiring, VA choosing another applicant violated VEOA rights (MSPB, briefs sought), 576; OPM rules for passing over preference-eligible veterans violate VEOA (dec), 1347 – Merit system and veterans' preferences rules, unions urge ending, agencies using to hire while avoiding, 611 – SSA, use to hire for jobs veteran sought to retaliate for prior preferences (MSPB), 166; hiring process reconstruction, would not have been selected if preferences properly applied (Fed. Cir.), 373 – Veterans preferences, hiring, MSPB decision not final order, issues unresolved (Fed. Cir.), 984
– Telecommuting, Nat'l Broadband Plan explains why more needed, expansion major administration goal, eliminate tax barriers, BNA Insight, 1227
– Compensation data, advance notice of proposed rulemaking on new tool, semiannual regulatory agenda, 1502
– Systemic pay bias, strategies for defending, 1383
– Army, acquisition workforce, rebuilding started after 15 years of decline, officials tell oversight panel, 521
– Civilian Extraterritorial Jurisdiction Act – Contracting out
– – Federal government, no new hires if private sector can do, business coalition, 96
– – Inherently governmental defined, proposed OFPP policy letter on when work must be done by federal workers, 390; agency goal to solicit responses to proposal, draft subject to change, 425; OMB correction to proposed policy letter, 488; GAO plan has initiated a process to increase capacity and capability of civilian agencies' acquisition staff, 516; Feingold seeks policy that security services in war zones and oversight of private security inherently governmental, 739; widespread support for better definition, opinions differ on directions to move, 811; policy to be released in early 2011, administrator, 1490 – Disability bias – FY2011 budget, Obama proposal, overreliance warning, 120; Senators question DHS contractors outnumbering employees, 229; NTEU legislative priorities, 315; balanced workforce initiative, aggressively convert contractors in workforce to federal employees, official testifies, 876; DHS FY2011 appropriations, see LEGISLATION, FEDERAL, S 3607, S 3677 – Intelligence Authorization Act, FY2010 – Private debt collection, IRS study not designed to support decison to discontinue use, GAO report, 1269 – Service contracts, FY2010 appropriations law required inventory, listings to OMB by year-end, to public by June, 1365; contracts find guidance unclear, survey, 1366 – Tax delinquencies, effect on federal employment
– Age bias, 2005 RIF, statistics, adverse impact on older workers (D.C. Cir.), 1066
– Labor-management forum, plan approved, 808
– Ed. Note: This heading is used for general stories. For specific articles, see specific agencies and topics.
– Appointments and personnel changes, Walsh named chair, Special Panel on Appeals, 97; Senate panel expresses strong support for Walsh, 482 – Benefits, OPM rules extend sick and funeral leave, leave transfers, leave bank, emergency leave transfers, and long-term care insurance to domestic partners, 733 – Breastfeeding at work, Obama authority to provide reasonable accommodations to OPM, PPACA requires for FLSA-covered workers, 1483 – Case Notes, 723 – CHCOs, leaders concerned about federal HR specialists' skills to allow reforms, report, 993 – Civilian Extraterritorial Jurisdiction Act – Continuing Extension Act – Disability bias, tools and training to hire and retain disabled workers lacking, stereotypes major barrier, report, 367; job fair for disabled workers, agencies need tools and resources to make accessible, 423 – Diversity, demographic composition changes, more perception of unfair treatment but differences in advancement found, report, 146 – EEOC complaint handling – Federal Supervisor Training Act – Federal Workers Alliance, advancing workers' interests, AFGE and NTEU excluded, 62 – FEHBP – FMLA
– – Caring for and providing financial support, both not necessary to qualify, OPM memo to CHCOs, 1053
– – Job hopping, consider right to take leave before move, BNA Insights, 1105 – Hatch Act
See HATCH ACT
– – Disabled applicants, E.O. increasing hiring, 904; OPM guidance to increase recruitment, hiring, and retention, 1330
– – Golden opportunity, U.S. needs to take advantage to hire talented candidates during difficult economy, Voinovich, BNA Interview, 927 – – Leadership responsibility, more manager involvement, report includes guidelines and worksheet, 1238 – – OPM 5 Year strategic plan, making U.S. model employer of 21st century goal, recruit and hire most talented, 322; reform among projects OPM started in FY2009, report, 389; Obama memo sets steps for improving process, eliminate essays, allow resumes and cover letters, 575; Senate hiring improvement plan, filling insourced jobs, 609; improvement plan approval, insourcing a concern, 609; OPM target goals for FY2011, ending use of rule of 3, unions want FCIP end, 611; ineffective assessment of applicants undermining process, report, 1022; significant progress implementing, CHCO Council meeting, Berry, 1085; student hiring, more comments on issues concerning student and recent graduates' ability to get jobs, 1088; telework is and should be part of changing workplace, speakers say, 1177; changes to USAJOBS web site to streamline process, use resumes instead of standard forms, 1329 – – Political appointees given career jobs, majority followed procedures, upheld merit principles, bring skills and experience, GAO report, 810 – – Temporary hiring authority, OPM official denies abuse, NFFE, NTEU officials dispute, House panel, 803 – Labor-management relations
– – Cooperation, E.O. 13522, Natl. Council on Labor-Management Relations, forums to promote positive relations, 175; agencies and unions must fund training and infrastructure while developing and measuring progress, report, 201; first meeting set, 203; agency plans for implementing forums, council members appointed, first meeting, 227; NCUA pact with NTEU signed, 262; second meeting set, deadlines emphasized, 397; 24 agency plans, permissive topics, agencies with rejected plans need to move forward, 422; agencies and unions should take opportunity to work together to solve common problems, speakers, 541; Council seeks extension on deadline for pilot project recommendations, Berry says, 547; meeting schedule issued, 551; Pope calls tool to help labor relations, 630; agencies and unions participating in pilot programs must submit plans, implementation timetable set, 697; FLRA and FMCS announce more joint training on implementation, 702; FEC and Armed Forces Retirement Home plans approved, SSA plan only agency not improved, 808; more administration cooperation needed, AFGE, 1021; NCUA, OPM, USDA, DOD, and VA, permissive topics bargaining approved, 1116; agencies need to be reminded to involve unions on permissive bargaining topics, union leaders say, 1176; members disagree on telework policies, administration wants mobile work day, 1296; more FLRA training sessions, 1301
– – FLRA
See LAW ENFORCEMENT EMPLOYEES; specific agencies
– Postal workers – Protecting America's Workers Act – Restroom Gender Parity in Federal Buildings Act – Scientific integrity in decision and activities, OMB policy directs reporting, improvement, freedom from influence, 1485 – SES – SSA disability and supplemental security income, workers getting benefits improperly, GAO report, 934 – Student loans, more federal workers got repayment benefits, 2009, OPM report, 996 – Targeted disabilities, percentage steady, FY2009, still less than 1% of workforce, EEOC report, 903 – Tax delinquencies, effect on federal employment – Telework Enhancement Act – Whistleblower Protection Enhancement Act – Workers' compensation
– Advisory Cmte. on Occupational Safety and Health, Dougan appointed, 1210
– USFS, pact attained, includes domestic partner benefits, 1268
– Case Notes, 723
– Cash awards, quality step increases, bonuses, and other discretionary payments, political appointees, Obama memo bans, FY2011, 933 – Civilian, military, and Foreign Service pay and benefits, standardization, combat zone training and debriefing, OMB clears, 453; results-only work environment program pilot to start, 550 – Continuing Extension Act – FY2011 budget, Obama proposal, pay hike for civilians and military, 120; NTEU legislative priorities, 315; Financial Services and General Government Appropriations Act, see LEGISLATION, FEDERAL, S 3677 – Garnishment, OPM, RRB, SSA, Treasury Dep't and VA propose uniform procedure for protecting payments, 484 – Judges, claim for failure to provide COLAs violates Compensation Clause (Fed. Cir., en banc rev den), 211 – Locality pay
See LOCALITY PAY
– Navy
– – Civilian race and sex bias claims, limitations period, egregious conduct by counsel (6th Cir.), 20
– – Disability bias, technologist with spinal arthritis unable to do essential functions of job by working at home or flexible schedule (3d Cir.), 217 – – Naval Weapons Station, Seal Beach, successful internet and phone election, FLRA, 232 – – Removal from non-critical sensitive jobs for continued ineligibility, amicus briefs sought (MSPB), 121; amicus briefs sought for similar cases after accord, 176; deadline for submitting amicus briefs extended, 639; oral argument set, 1088; whether to expand jurisdiction to cover non-cricial sensitive positions (oral arg), 1113; appealability of removal for suitability reasons (oral arg), 1254; MSPB may consider appeals by federal workers in non-critical sensitive jobs (dec), 1480 – Part-time, work on Sunday to be paid premium rate for non-overtime hours, OPM proposed rules, 425 – Pay cap, premium pay deployed to Iraq exceeded biweekly maximums, waiver, collection not in best interest of U.S. (D.D.C.), 1073 – Pay increases, 5 – Performance-based cash awards to IRS workers
– – OPM could redact data from FOIA clearinghouse (N.D.N.Y.), 340
– – Retention and recruitment, more data needed to evaluate effects on managers, Treasury IG report, 613 – Six figure salaries, number jumped during recession, agencies to explain, 290; Berry disputes reports workers paid twice what private sector counterparts make, 994; NTEU, AFGE, and OPM dispute report on high earners, 1329; pay comparability irrelevant, finding talent critical, agency heads not making recruitment priority, BNA Interview, 1411 – Supplemental Appropriations Act, 2010
– Death gratuity for survivors of federal workers killed in contingency operation, OWCP final rule, 149
– Elevator accident, injured embassy worker must repay payments after accord with elevator firms, allocation to husband's claims (D.C. Cir.), 918 – Energy employees – Job-related injuries and health problems, agencies not protecting enough, claims processing untimely, unions assert, 874 – Model employer of 21st century, OPM 5-year strategic plan, rewarding current and retired workers, includes pay-for-performance for SES, 322 – OWCP rules, changes since 1999 guidance, OWCP proposed rules update, 996 – SES
– Domestic partners
– CVS Caremark, FEHBP drug benefit programs not offering lowest prices to enrollees, report, 173
– Dental and vision coverage, retroactive changes when dependents die or become ineligible for coverage, OPM final rule, 484 – DOMA, federal workers sought job-provided benefits for same-sex spouses, due process (D. Mass.), 891 – FEHBP Dependent Coverage Extension Act – Health information technology, heads of agencies to designate senior official for task force, 262 – Labor law cases pending before Sup. Ct., 99 – Management, reorienting among projects OPM started in FY2009, report, 389 – Medical records, OPM creating central database, analyze preexisting condition data, PPACA, Privacy Act, 1179; groups urge complete overhaul, alarm about personal privacy risks, 1298; comment period on proposed rules extended, 1367 – Medically underserved area, OPM adds Okla. to list, 702 – Minor changes to Open Season, options for union plans and HMOs, CHIP subsidies to pay premiums, OPM proposed rule, 485; premiums hiked more than expected, open season starts Nov., 1145; premium hikes, tobacco cessation benefits, changes to implement PPACA upcoming, CRS report, 1392; minor changes, final rule, 1451 – Preemption, Ill. law claims for coverage denial during leave not completely barred (U.S., app dism), 252 – Prescription drug benefits
– Agency-specific
See specific agencies
– DOMA, federal workers sought job-provided benefits for same-sex spouses, due process (D. Mass.), 891 – FEGLI, OPM proposed rules, 33; guidance on final rule, 1240 – 403(b) plans
See 403(b) PLANS
– Model employer of 21st century, OPM 5-year strategic plan, create customer focused retirement processing system, 322 – N.Y., in-service distributions qualify for income subtraction modification, similar exemption to federal workers, 1368 – Thrift Savings Plan
See generally FEDERAL EMPLOYEES' PENSIONS AND RETIREMENT
– Age bias, prejudgment interest (D.C. Cir.), 18
– Ed. Note: For enforcement actions other than general stories, see relevant subject headings.
– Appointments and personnel changes
– – Chair, Pope calls exciting time to be in federal labor law and relations, political differences not an issue, engagement and morale high priority, 630
– – Regional director, Washington, D.C. region, Karft named, 614 – Backlog, General Counsel announces elimination, 292; OGC still working on case processing and ADR, 347; final rule letting OGC aid in ADR, 365; progress being made toward goal of deciding cases in 180 days or less, Pope says, 630 – Ethics, standards applicable to federal workers reinforced, specific guidelines for FLRA workers, interim rule, 1489 – Grievance arbitration process, stakeholder focus groups planned, 121; proposed rule, OGC role in ADR of ULP claims, 145; focus groups in Chicago and San Francisco, 263; OGC continuing to work on rules, 347; final rule letting OGC aid in ADR, 365; awards review, comment on proposed rules revisions sought, semiannual regulatory agenda, 516; proposed rules provide clarity on how to file, feedback received through focus groups, 630; final rule, parties not required to jointly request expedited decisions , 872; dates for comprehensive arbitration training for agency and union practitioners, 996; town hall meetings to introduce new resources, 1059; arbitration training sessions and town hall meeting announced, 1178; guide issued, significant component of new initiative, 1209 – Naval Weapons Station, Seal Beach, successful internet and phone election, 232 – ULP case law outline and updated manual, town hall meeting to highlight, 1425 – ULP charges, OGC posts case law outline, 1121
– DOMA, federal workers sought job-provided benefits for same-sex spouses, due process (D. Mass.), 891
– Premium hike, Collins concerned, Senate hearing, 361 – Same-sex domestic partners, OPM finalizes rules making qualified relatives eligible for coverage, 667
– Best practices and cooperative efforts in addressing health care issues in pact talks, seminars announced, 1213
– PPACA, labor-management cooperation proven to address issues, cost-sharing, 1511
See PREEMPTION
– Contracting out, inherently governmental defined, proposed policy letter on when work must be done by federal workers, 390; agency goal to solicit responses to proposal, draft subject to change, 425; OMB correction to proposed policy letter, 488; GAO plan has initiated a process to increase capacity and capability of civilian agencies' acquisition staff, 516; Feingold seeks policy that security services in war zones and oversight of private security inherently governmental, 739; widespread support for better definition, opinions differ on directions to move, 811; policy to be released in early 2011, administrator, 1490
– Building security, agencies unwilling to fund, possible security gaps, GSA dissatisfied, staffing inadequate, hearing, 326; IRS workers most targeted, guidance on armed escorts for taxpayer contact, 457
– Contracting out, insourcing security guards for protecting buildings debated, better oversight, House hearing, 454 – Disability bias, suspended and fired criminal investigator, impermissible questions about mental health and treatment, retaliation (S.D. Cal.), 653 – Supporting Employee Competency and Updating Readiness Enhancements for Facilities Act
– Whistleblowing, OSHA orders damages, corrective action for N.J. transit worker fired for reporting explosion that killed contractor, 428
– Removal Clarification Act
– Rules 6(d) and 5(b)(2)(E), changing deadline for Fla. firefighters charging race bias to respond to summary judgment motion was abuse of discretion (11th Cir.), 532
– FLRA, effective prosecution and resolution of ULP cases critical, General Counsel, 292; OGC still working on case processing and ADR, 347; final rule letting OGC aid in ADR, 365
– Jurisdiction, ability to resolve impasses between FAA and NATCA, reviewing prior decision (D.C. Cir.), 712
– Dual status, sex and national origin bias, Natl. Guard technician forced to quit civilian job after military retirement, pension cut (8th Cir.), 1028
– Intentional or willful breach, BOP Special agent left worker personal data on desk, may be accessed by inmates, examine course of conduct (6th Cir.), 1245
– Whistleblowing, Ga. water inspectors fired after complaints, failure to report sanitary sewer overflows, argumentative behavior (DOL ARB), 793
See generally FEDERAL EMPLOYEES' PENSIONS AND RETIREMENT
– Conflict of interest, law firm associate as N.Y. school board officer, waiver, firm disqualified (E.D.N.Y.), 953
– 403(b) plans, whether public schools have duties to participants under ERISA, IRS rules, BNA Insights, 985 – Kickbacks, N.Y. teachers, union endorsed annuities for payments, securities fraud, state law bars (E.D.N.Y.), 1455 – Poor investment decisions, Ind. teachers' funding claims against former trustees (Ind. Super. Ct.), 266 – Retaliation, free speech, town official discussions with daughter private, fiduciary breach, removal after EEOC charge (7th Cir.), 1127
– Age bias, Ohio county fiscal office worker fired for refusal to cooperate with security investigation, timeliness, due diligence (6th Cir.), 680
– Police officer's statement, prosecutor's derivative use compelled during internal examination (Ohio), 411
– Dodd-Frank Wall Street Reform and Consumer Protection Act
– Pequot Capital Management, SEC lawyer fired after complaining about mishandling hedge fund investigation, accord (MSPB), 811
See PENALTIES
– Cal., reinstating firefighter fired for sexually harassing co-workers, progressive discipline rights (Cal. Ct. App.), 1406
– Local 36, D.C. Fire and Emergency Services policy requiring criminal checks for all workers not ripe for review until implemented (D.C.), 982 – Local 2095, Stillwater, Okla., duty to make pay hike under pact exceeding FY appropriations (Okla.), 954
– Disability bias, essential function of job, Philadelphia police officer firing after job injury prevented shooting gun (E.D. Pa.), 245
– 5th Amend., self-incrimination, prosecutor derivative use of police officer's statement compelled during internal examination (Ohio), 411
– Alabama
– – Birmingham, challenge to interlocutory injunction, final order prevents hearing (11th Cir.), 560
– – Gadsden, firefighter equal protection and due process violations, failed training, similarly situated nonminority firefighters treated similarly (11th Cir.), 681 – – Montgomery County, fire investigators' overtime, dual assignments, whether law enforcement tasks done majority of time (11th Cir.), 497 – California
– – Forestry and Fire Protection Dep't, supervisory firefighters, retirement benefits over salary cap (Cal. Ct. App.), 1344
– – Forestry Firefighters, pact attained, pension contributions and benefits, 744; bills enacting pacts signed, 1025 – – Los Angeles
– – – Race and sex bias, black lesbian firefighter, jury award for pattern and practice, harassment, and retaliation, exhaustion (Cal. Ct. App.), 346
– – – Race bias, discipline after black officer tricked into eating dog food, race bias (Cal. Ct. App.), 311 – – San Diego City Fire-Rescue Dep't, firefighters forced to work gay pride parade, sexual harassment, free speech (Cal. Ct. App.), 1284 – – San Jose, reinstating firefighter fired for sexually harassing co-workers, progressive discipline rights (Cal. Ct. App.), 1406 – – Vallejo, municipality in Chapter 9 may void IBEW pact (E.D. Cal.), 776; city council approves reorganization plan, IBEW pact, 1429 – Connecticut
– – Bridgeport, GPS tracking devices on fire inspection vehicles, electronic monitoring law (Conn.), 80
– – New Haven, proof of underfilling practice favoring nonminorities (Conn.), 12; 2003 lieutenant promotional exam, disparate impact on black candidates (D. Conn.), 593; impact limited, applicability to private sector, Analysis and Perspective, 1409 – – Waterbury, due process in negotiating pact cutting pension benefits (2d Cir.), 159; (U.S., rev den), 568 – D.C., black paramedic whose supervisor disciplined to avoid appearance of race bias against white co-worker (D.D.C.), 161 – Federal, overtime, trade of time
– – Palm Beach Fire Rescue Dept., captain demotion for extramarital relationship with subordinate, 1st Amend. associational protection (11th Cir.), 494
– – Pensacola, penalizing firefighters claiming race bias by change deadlines for response was abuse of discretion (11th Cir.), 532
– – Atlanta, fire chief qualified immunity, reverse race bias in passing over Caucasians for promotions (11th Cir.), 950
– – Perry, firefighter quit, lying after investigation, helping co-worker with sexual harassment claim, coercion, protected activity (11th Cir.), 1219 – – Savannah, firefighter trainee and model firing for posting revealing pictures on MySpace (11th Cir.), 278
– – Chicago
– – – Cook County, unfunded liability for pensions for public workers escalated in last decade, report, 294; governor urges lawmakers to stabilize, budget address, 295
– – – Race bias, disparate impact, applicants challenge to qualification test, timeliness (U.S., oral arg), 250; claim accrues each time city hired from eligibility list based on cutoff score (rev), 657; Court not most conservative in history, professor, ABA annual meeting, 1351 – – Oakbrook Terrace, firefighter forced to resign for expressing pro-union views, 1st Amend. (7th Cir.), 617 – – Pensions, legislation caps benefits, stabilizes COLAs, raises age for full benefits for incoming public safety personnel, 1427 – Labor law cases pending before Sup. Ct., 99 – Massachusetts
– – Boston Housing Auth., evergreen clause in pact, RIF, state law limits public sector pact terms (Mass.), 1378
– – Lowell, refusal to rehire retired firefighter with asthma, damages award (Mass. Super. Ct.), 1495 – – Randolph, fire chief spoke of inadequate funding and staff at press conference after house fire, free speech, official capacity (1st Cir.), 431
– – Minneapolis Police and Firefighters Relief Ass'ns, pension funds may recoup overpayments to correct miscalculations (Minn. Dist. Ct.), 641
– – Rochester, female and Native Am. applicants have sex and national origin bias claims for rejection, reliance on subjective interview (8th Cir.), 710
– – Atlantic City, state court accord in reverse bias claims by captains subjected to harassment, retaliation, and hostile environment (D.N.J.), 187
– – Interest arbitration, lawmakers and governor agree on cap on pay hikes, 1453; signed, limits on property tax hikes blamed, 1494 – – N. Hudson Reg'l Fire & Rescue, race bias, reconsideration of injunction barring residency requirement for hiring (3d Cir.), 337; injunction vacated, more likely city can prevail on challenge by black candidates, 561; new rules disproportionately excluded qualified black candidates (D.N.J.), 1192 – – Newark, failure to promote, flawed complaint, evidence of race and sex bias (3d Cir.), 466
– – Mt. Vernon, white applicant for lieutenant claims reverse bias, promotion test ranking expired while reviewing objections of black firefighter advocacy group (S.D.N.Y.), 651
– – N.Y.C., written exams to screen candidates, pattern and practice of intentional race bias (E.D.N.Y.), 134; remedial phase, city pays damages, fills jobs with minorities, grant retroactive seniority, develop new exam, 184; current hiring test for entry-level firefighters blocked, Title VII compliance, 939; permanent injunction bars use of applicant lists from biased test, 1241 – – Selden Fire Dist., denying retirement credits for volunteers over age 55, EEOC accord (E.D.N.Y.), 526 – – Syracuse, white applicants for entry-level job have race bias claims, continuing reliance on 1980 consent decree (2d Cir.), 916 – Okla., Stillwater, duty to make pay hike under IAFF pact exceeding FY appropriations (Okla.), 954 – Pa., death benefits, emergency and law enforcement personnel, attorney insights, 283 – Public Safety Employer-Employee Cooperation Act – Supplemental Appropriations Act, 2010 – Unoccupied buildings, risks must be balanced against gains when deciding to use defensive stance, NIOSH guidance, 911 – Va., Arlington County, black female denied promotion, race and sex bias (4th Cir.), 46 – Wash., Shoreline, paramedic reassigned to firefighting after asking patient about drug use, due process in barring chosen career without hearing (9th Cir.), 1126 – World Trade Center
– – Disaster site, rescue, recovery, and cleanup workers, captive insurance fund for proposed accord (S.D.N.Y.), 369; amended settlement proposal, compensation fund, attorneys' fees cuts, 704; approved, 775; deadline for opting into accord extended, 1062; accord with Port Authority of N.Y. and N.J., Board and governors must approve, 1242; more accords approved, deadline for opting in over, 1334; most victims opt in to accord, 1398
– – Lung damage, first responders exposed to dust and debris, lowered lung function, study, 526; steep declines in lung function largely persisted, 1124
– Local 3, RIFs, evergreen clause in Boston Housing Auth. pact void, state law limits public sector pact terms (Mass.), 1378
See specific causes for discharges
– Agency fees, CSEA non-member N.Y. county probation officers' duty to pay organizing costs for private sector, (2d Cir.), 886
– Association and speech, Mass. law banning public worker strikes, teachers' union meeting to discuss strike (U.S., rev den), 313 – Association, Fla. fire captain demotion for extramarital relationship with subordinate (11th Cir.), 494 – Case Notes, 1037 – Establishment clause, Tex. Ed. Agency, policy requiring staff silence on curricular matter (5th Cir.), 955 – Ethics, Ind. judicial code limits on campaigning and fundraising, ripeness, must be elected and prosecuted (7th Cir.), 1065 – Free exercise, prayer session in co-worker cubicle after hours, disparate treatment (N.D. Tex.), 951 – Lawsuit on behalf of child, no evidence school athletic director removal retaliatory (6th Cir.), 848 – Official duties, petitioning government in grieving firing, immunity from retaliation claims, compensatory and punitive award (3d Cir.), 304; (U.S., rev grant), 1225 – Organizing, agency fees challenged, unions charge Ill. home care workers for bargaining expenses (N.D. Ill.), 1398 – Pleadings, Ga. district attorney staffer firing, candidacy for Bd. of Comm'rs (11th Cir.), 955 – Political affiliation bias
– – Outside political activity, APA claim for CBP officer denied service on Tex. city council, exhaustion (D.D.C.), 681
– – Patronage dismissal exceptions, discretionary authority, inherently confidential job, Ky. depty clerk fired after running against county clerk (6th Cir.), 620 – – Promotion denial, P.R. electric authority lawyer, policymaking functions exception (1st Cir.), 412 – Qualified immunity, law at time of violations apply to claims against Ga. police officials, not standards as later developed (11th Cir.), 468 – Religious bias, MSPB jurisdiction over claims of probationary worker who told subordinates of visions (Fed. Cir.), 948 – Retaliation, Ky. police officer and dispatchers fired after report critical of department, matter of public concern (6th Cir.), 374 – Separation of powers, constitutional claims by Muslim physicist, criticism of U.S. foreign policy, 127 – Speech
– Diversity and EEO initiatives, majority of talent not accountable to federal mandates, EEOC letter, 807
– Ability
See ABILITY TESTING
– Leave denial, ADA and FMLA, depressed Neb. emergency services dispatcher test failure, no leave request (8th Cir.), 947 – Military service or disability bias, hiring, Fla. court bailiff, PTSD (11th Cir.), 47
– Disability bias, Navy technician unable to do essential functions of job with flexible schedule or home work (3d Cir.), 217
– Family and medical leave, policies and political debates must include roles of men, panel, 1123 – State and local governments, arrangements for one reason continued for other benefits, 1440 – Telework Enhancement Act
– Case Notes, 795
– E-Verify, Fla. cabinet requires state agencies' use, 910 – Education., teacher layoffs before current year, more may leave due to pay and benefit cuts, proposed law may accelerate, 360; vetoed, 458 – Foreign travel, state sponsors of terrorism, state law barring reimbursement for employee travel, preemption (11th Cir.), 1167 – Health and educational service, most residents would pay higher taxes to maintain funding, poll, 1214 – Manatee County, listing as witness in Bd. of Comm'rs internal bias complaint, retaliation (11th Cir.), 890 – Miami Dade Public Health Trust, retaliation after EEOC charge for promotion denial and accommodation (11th Cir.), 407 – Monroe County, jury award to county worker, sexual harassment by acting mayor, failure to take reasonable care to prevent (11th Cir.), 825 – Pasco County, government workers vote to join IBT Local 79, 1186 – PPACA, 20 states join suit, individual mandates and penalties violate due process, interference with sovereignty claims (N.D. Fla.), 1243
– Hiring incentives, agencies spending too much despite value, Berry memo to agency CHCOs, 202; FDA programs strong, room for improvement, GAO report, 230
See POLICE (FOP)
See specific countries
– Age bias and equal protection, assignment lasting past age 65, ADEA exception (D.D.C.), 1164
– USAID
– Attacks and threats, agency employees, Public Employees for Envt'l Responsibility data, 2009, 638
– Linking workforce planning to strategic plans and budget allocation, improvement in evaluating urged, GAO report, 394 – NFFE, pact attained, includes domestic partner benefits, 1268
– EEO-1, rulemaking in Jan., 2011 on race and ethnicity data collection methods, employee self-identification preferred, EEOC semiannual regulatory agenda, 515
– LM-30, proposed rule, unions want provisions imposing top-down reporting changes, right to work groups oppose, 1501 – T-1, OLMS filing date postponed, 9; recision proposed, replace with data on subsidiary organizations on LM-2, 149; OLMS rescinds, replaces with duty to report on LM-2 forms, clarifies public sector exclusion from LMRDA, 1425 – 1099, issuing for accord proceeds excludable from income, retaliation, confidentiality of mediation (Cal. Ct. App.), 1135
– Generally
– GASB proposals, standards being reviewed, transparency and accessibility of data welcomed but funding changes exacerbate fiscal crisis, 863; employers concerned about proposal that employers who cost-share pension plans, duty to report on balance sheets, 1175 – Investment returns, public pension funds must avoid over-optimism or pessimism, NASRA brief, 401; shift to higher risk assets, strategy change after economic downturn, GAO report, 1155; plans facing long-term fiscal problems, significant legislative fixes coming, report, 1156 – Local Government Employee Retirement Systems Survey, Census Bureau report, FY2008, 401 – Opinion and advisory letter program for prototype and volume submitter plans, IRS will not meet target date, looking at staggered remedial program, 399; revised target date announced, 555 – Plan failures, revenue procedure outlining corrections procedures coming soon, IRS official, 333 – Preapproved plans, IRS preparing revenue procedure outlining program, 1090 – Public schools, whether schools have fiduciary duties to participants under ERISA, IRS rules, BNA Insights, 985 – Transitional relief from new reporting and auditing rules for sponsors, EBSA field bulletin, 236
– Due process
See DUE PROCESS
– Crime control, NYPD, breathalyzer policy after firing guns (2d Cir.), 13; (U.S., rev den), 1258
– Entrance into offices, removal of files and personal property, and seizure of weapons, badges, and ID cards (4th Cir.), 44 – Expectation of privacy, fired Pa. corrections officer, refusal to sign last chance agreement, breathalyzer failure (3d Cir.), 436 – Labor law cases pending before Sup. Ct., 99 – Random search policy, Neb. prison guard, privacy rights (8th Cir.), 945 – Text messages, reasonable expectation of privacy, Cal. police sergeant's privacy rights in pager text (U.S., amicus brief filed), 382; no reasonable expectation of privacy in pager issued by police department (dec), 504; no privacy rights violation in reading messages, discipline based on messages (rev), 762; court reaffirmed standard practice for most employers, guidance on developing policies, BNA Insights, 1287; Court not most conservative in history, professor, ABA meeting, 1351 – Unreasonable search, qualified immunity protects officers who searched firefighter's home, but not private attorney, suspected false pretenses for medical leave (9th Cir.), 1159
See POLICE (FOP)
– Limitations period, merits of claim for accord, whether newly discovered evidence excuses late filing (Fed. Cir.), 156
– Separation package, HHS failure to send until after reinstatement period (Fed. Cir.), 1075 – Whistleblower Protection Enhancement Act
See WHISTLEBLOWERS
– N.Y.C., hearing on feasibility to provide records of workers' compensation claims to safety group (N.Y. App. Div.), 153
– Performance-based cash awards to IRS workers
– – OPM could redact data from clearinghouse (N.D.N.Y.), 340
– – Retention and recruitment, more data needed to evaluate effects on managers, Treasury IG report, 613
– Adverse actions for issuing inadequate traffic citations, no evidence in record undermines finding Pa. state trooper had no claim (3d Cir.), 1069
– Anti-gossip rule, Colo. school staff given less favorable ratings after off-duty meetings, retaliation (10th Cir.), 586 – Attorneys' fees, Tex. state judge who had lines expunged from censure record not prevailing party (5th Cir.), 656 – Corporal punishment, Minn. deputy sheriff fired for medical fitness after work-related injury, comment about supervisor demeanor (8th Cir.), 1195 – Corruption, Wy. police chief testimony in defamation suit against private citizen, public concern (10th Cir.), 1096 – Diversity, NAACP official on administrative leave from state job fired for meeting with governor's office while on call (S.D. Ohio), 595 – Free exercise, prayer session in co-worker cubicle after hours, disparate treatment (N.D. Tex.), 951 – Improper financial practices and bias, DOE laboratory internal auditor, causal connection between complaints and transfer (10th Cir.), 1191 – Inmate rap music competition, Mich. corrections officer transferred after complaint, retaliation (E.D. Mich.), 279 – Judicial ethics
– – Party affiliation, soliciting campaign funds, Ky. ban on judicial candidates announcing (6th Cir.), 974
– – Political parties, constitutionality of Wis. rule barring judges or candidates from membership (7th Cir.), 822 – Management style, Ind. insurance manager forced to resign after memo criticizing chief deputy commissioner (7th Cir.), 711 – Medical malpractice accords, state and federal rules for filing notices, no discretion in reporting (7th Cir.), 1067 – Official capacity
– – Funding, Santa Fe division director spoke with House speaker at work event, official duties despite personal relationship (10th Cir.), 336
– – Press conference after house fire, fire chief spoke of inadequate funding and staff (1st Cir.), 431 – Personal speech, Pa. corrections officer refusal to sign last chance agreement, breathalyzer failure (3d Cir.), 436 – Political affiliation bias
– – Due process right to transitory job, P.R. ranger cadets, dismissals result of affiliation with party (1st Cir.), 851
– – Permanent job, temporary P.R. tourism worker denial, proof of motivation, retaliation for complaints on luxury care safety enforcement (1st Cir.), 920 – – Refusal to participate in partisan activities, chief clerk claims hostile environment, demotion (2d Cir.), 1459 – Protected expression, N.Y. teacher used grievance procedure to challenge failure to discipline unruly student, official capacity (2d Cir.), 213; (U.S., rev den), 1257 – Public concern, D.C. police reserve officer firing, class action for emergency rule changing organizing rights, firing appeals (D.C. Cir.), 1002 – Racist comments about local court, Detroit city counsel firing, official duties (E.D. Mich.), 859 – Required reading book suggestions, college librarian, remarks part of job duties, academic freedom exception (S.D. Ohio), 788 – Retaliation
– – Adverse action based on protected conduct, whether Mass. police chief knew lieutenants instigated special prosecutor's inquiry (1st Cir.), 529
– – Curricular disputes, critical evaluation of teacher after parent complaints about reading selections, contract nonrenewal (6th Cir.), 1337 – – Discordant speech, school board member removal as vice president, speech protected by not political fallout (9th Cir.), 848 – – Environment, teacher's 1st Amend. rights after speaking out, analyzing each instance (3d Cir.), 110 – – Fiduciary breach, discussions with daughter about sexual harassment private, Fire and Police Comm'rs Bd. chair, removal after EEOC charge (7th Cir.), 1127 – – Medical staff membership, doctor preventing from operating, given fewer patients, and take off referral list after criticizing program (2d Cir.), 1309 – – Pro-union speech, Ill. firefighter forced to resign (7th Cir.), 617 – – Public concerns, Cal. regional consortium worker fired after reporting supervisor noncompliance with reporting rules (9th Cir.), 676 – – Qualified immunity, Kan. City police analyst firing for complaint about leave policy, whether part of job duties, motivation (8th Cir., rev), 1136 – – Quality of care, organ transplant coordinator fired for complaints (10th Cir.), 282 – – Race bias, Omaha public safety auditor firing, released report criticizing traffic stop methods (8th Cir.), 1276 – – Standing, reporting subordinate's report of co-worker misconduct part of official duties, supervisor involvement in union elections (2d Cir.), 464 – Server with racially charged material, bias in failure to discipline professor who sent e-mails and maintained web site (9th Cir.), 751 – Sexual harassment
– – Gay pride parade, Cal. firefighters forced to work, threats after complaint, policy change makes moot (Cal. Ct. App.), 1284
– – Retaliation, Ky. city worker supervisor linked sex to job, limited overtime, negative reviews after refusal, firing for performance, alcohol abuse, protected speech (W.D. Ky.), 1374 – Strikes
See STRIKES
– Vehicle safety, Ky. mass transit, retaliation, letter to board on management issues not safety (6th Cir.), 984 – Whistleblowing
– – Medication dispensing policy change, retaliation (Tenn. Ct. App.), 53
– – Protective former USPP chief's statements protected, removal based on protected disclosure (Fed. Cir.), 493
– FMLA, equitable remedy, judge decides whether and how much owed (9th Cir.), 271
– Cal.., proposed budget includes June end, replace with pay cuts, 39; state appeals rulings ending furloughs of state workers not paid with general funds (Cal. Super. Ct.), 40; blocking pay restoration for prison guards sought, 68; furloughs of scientists in agencies outside general fund, 123; cut in revenue collections from furloughs at Franchise Tax Bd. will erode most savings, report, 208; state workers not paid by general fund must return to work until furlough challenges resolved (Cal. Super. Ct.), 371; furloughs continued while legal challenges move forward (Cal. Ct. App.), 398; revised budget proposal, one day of unpaid personal leave a month, pay cut and increased pension contributions, 615; executive order requires more furloughs, cash crisis, 908; stay of restraining order rejected, no furloughs until budget enacted, 969; furloughs start while appeal pending (Cal., rev grant), 998; SEIU Local 1000 pact attained on pension cuts, protection from furloughs and pay cuts, 1180; no authority to furlough by executive order but enacting budget cutting wages validated (Cal.), 1181; budget with pension cutbacks signed, 1210; bills changing pension system signed, 1244; correction to 1210, 1244; SEIU pact ratified, 1333
– Case Notes, 191 – Continuing Extension Act – DOT workers – Ky., merit and nonmerit state workers to take 6 days, saves money, prevents layoffs, 817 – Layoffs
See LAYOFFS
– – Budget, governor proposal, 98
– – Prince Georges County, furlough to close budget shortfall, contracts clause (4th Cir.), 822 – State and local governments, cost cutting, survey, 124 – Va., budget proposal, state workers would get bonus in lieu of pay hike, 5 day furlough in FY2011, 207 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
