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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
PARAMEDICS
– Overtime, FLSA and D.C. Code apply, officers get pay or compensatory time off only for special events, highest rate prevails (FLRA), 601
– Special Agent Samuel Hicks Families of Fallen Heroes Act
– Federal workers, work on Sunday to be paid premium rate for non-overtime hours, OPM proposed rules, 425
– Sex bias, pretext, nondiscriminatory reasons, Md. workers' compensation claims manager (4th Cir.), 18
– Air transportation
– Age, race, and sex bias, accretion of duties promotions, more favorable treatment of similarly situated worker (4th Cir.), 921
– Supervisor patent examiners, re-engineered performance plan and labor-management task force updating appraisal plan, GAO report, 1152
– Automatic enrollment for large employers with more than one plan, EBSA semiannual regulatory agenda, 1502
– Best practices and cooperative efforts in addressing health care issues in pact talks, seminars announced, 1213 – Breastfeeding at work, FLSA amendment, reasonable time to express milk, 462; reasonable accommodation, breaks and facilities for expressing milk, does not supersede greater state laws, BNA Insight, 1201; Obama authority to provide reasonable accommodations, required for FLSA-covered workers, 1483 – Cost-sharing, labor-management cooperation proven to address issues, FMCS conference, 1511 – Early Retiree Reinsurance, applicants accepted, reimbursement for medical claims to start, SSA, 1063; more employers and unions accepted, 1186 – Essential health benefits, conservative approach urged in imposing benefit limits, adult children, grandfathered plan limits, Analysis and Perspective, 1471; compliance checklist for health benefit plan sponsors, 1472 – External reviews for self-insured group health plans, HHS, EBSA, and Treas. Dep't interim procedures, 1025 – Federal workers, OPM creating central database of medical records, analyze FEHBP preexisting condition data, Privacy Act, 1179; groups urge complete overhaul, alarm about personal privacy risks, 1298; comment period on proposed rules extended, 1367 – FEHBP, providers must give enrollees option to cover dependents up to age 26 by Jan. 1, OPM call letters, 421 – Fla. and 20 states, counts of suit on whether individual mandates and penalties violate due process, interference with sovereignty claims (N.D. Fla.), 1243 – Grandfathered health plans, numerous ways to lose, plan sponsors need to weigh costs, BNA Insights, 1040; frequently asked questions, EBSA guidance posted on website, 1304; decision to maintain must be on state by state basis, state laws vary greatly, report, 1456 – HHS, DOL, and IRS, preventive services must be provided without cost, will hike premiums, interim final rules, 844 – Nursing mothers at work, WHD preliminary interpretation of FLSA amendment, requires reasonable break time and place to express breast milk, 1497 – Nursing mothers, little-known FLSA amendment requires breaks and facilities for expressing milk, BNA Insight, 1201 – State and local governments, increased Medicaid funding will delay recovery from financial crisis, will be unable to address public pension underfunding, conference, 608
– Local 203, ability to make arrests, N.J. Weights and Measures superintendents defined as police, may join union (N.J. Super. Ct.), 439
See WAGES AND SALARIES
– Back pay
See BACK PAY
See DIFFERENTIAL PAY
See MERIT PAY
See MINIMUM WAGE
See DIFFERENTIAL PAY
See OVERTIME
See PREMIUM PAY
See VACATION PAY
– Equal Pay Act
– Lilly Ledbetter Fair Pay Act – Paycheck Fairness Act – Systemic pay bias, OFCCP, EEOC, and private plaintiffs, strategies for defending, 1383 – Timeliness
See MERIT PAY
– Tax-exempt status, income paid to teacher in State Dep't sponsored teacher exchange program, Philippine tax convention (T.C.), 1339
– Electrical, lockout/tagout, and other violations, OSHA cites R.I. USPS facility for willful violations, 579; DOL complaint against USPS for electrical worker safety violations at all processing and distribution centers (OSHRC), 809; OSHA proposes fines, complaints consolidated, 967; Dayton, Ohio processing center cited after worker complaints, 1024; proposed fines for Portsmouth, N.H. distribution center, 1024
– USPS, Vt., OSHA announces fines for willful electrical hazards, 938
– Allentown, age bias, mixed motive, but-for causation, burden-shifting paradigm (3d Cir.), 42
– Case Notes, 191; 412 – Central Dauphin Sch. Dist., student transportation, bus drivers' union ULP charge, Act 88 applies to disputes during pact term (Pa. Commw. Ct.), 721 – Death benefits, emergency and law enforcement personnel, attorney insights, 283 – Furloughs, FLSA preempts governor's authority to refuse to pay workers (Pa.), 8 – Nurses, unilateral discontinuation for offspring of professional staff, ULP (PLRB), 122 – Philadelphia
– – Age and race bias, demotion, city employment attorney, timely filing (3d Cir.), 1163
– – Parking Auth., firing for sleeping on job, comparator proof, national origin bias (E.D. Pa.), 282 – – Streets department, African Am. laborer, race bias, no evidence late route sheet, assignment changes, or performance evaluation retaliatory (3d Cir.), 1190
– Contribution rate, N.Y. State Nurses Ass'n plan, union trustees sue, arbitration award on employer contribution rates unlawfully cuts (S.D.N.Y.), 1454
– Age bias
– – Md., Baltimore County, older new hires pay more, faulty premise on time value of money (4th Cir.), 854
– – N.Y. town denied retirement credit to volunteer firefighters over 55, EEOC accord (E.D.N.Y.), 526 – ERISA
See ERISA
See FIDUCIARY DUTY
See 403(b) PLANS
– Investments, public plans hold more equities than private sector, report, 333 – Military leave, NYPD retiree wants overtime and night differential pay included in pension credits (S.D.N.Y.), 843 – Minn., Minneapolis Police and Firefighters Relief Ass'ns, funds may recoup overpayments to correct miscalculations (Minn. Dist. Ct.), 641 – PPA
See specific states; specific states or types of public employees
– – Generally
– FY2011, GSA rate increase, 1058
See MERIT PAY
– Age and sex bias, hostile environment, NTSB failure to provide job description, exhaustion (D.C. Cir.), 272
– Case Notes, 1168 – Disability bias, leave without pay for back pain, refusal to cooperate with performance remediation, validity of claims (5th Cir.), 183 – Federal ALJs, means for managing performance but maintaining impartiality, GAO report, 93 – FMLA, Wis. county administrative assistant firing for taking repeated leave, interference and retaliation (7th Cir.), 621 – IRS, use of tax enforcement data to evaluate employee performance, IG report, 907 – Pay, workers' report ties to performance targets, survey, 997 – 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 – PTO, Supervisor patent examiners, re-engineered plan and labor-management task force updating appraisal plan, GAO report, 1152 – Race bias, minority D.C. police officers suit against police chief (D.C. Cir.), 404 – Senior civilian leaders, DOD, improvement in studies and job requests needed, GAO report, 1331 – Sex bias, retaliation, black man, USAID denial and poor review after suit (D.C. Cir.), 754 – Sick leave, no pact breach, performance evaluations referred to usage (N.H.), 1010
– Constructive discharge, principal tenure, suspension for insubordination (10th Cir.), 1000
– Case Notes, 1037
– Explosive behavior, misdiagnosis, and lateness, trauma surgeon's claim for contract nonrenewal and pay disparity (S.D. Fla.), 106
– Doffing and donning
See CLOTHES CHANGING
– N95 respirators, Pub. Health Dep't recommends use by health care workers caring for flu patients, 1334
– CHCOs, leaders concerned about federal HR specialists' skills to allow reforms, report, 993
– 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 – Death benefits, whether deceased postal worker's daughter may claim FERS benefits, assignment after successful wrongful death suit against widower (Fed. Cir.), 1187 – DHS personnel system – FedsHireVets.gov, OPM launches, 122 – FEHBP – Garnishment, agencies propose uniform procedure for protecting payments from garnishment, 484 – Heath records, central databases created, analyze FEHBP preexisting condition data, PPACA, Privacy Act, 1179; groups urge complete overhaul, alarm about personal privacy risks, 1298; comment period on proposed rules extended, 1367 – Hiring
See generally HIRING
– Labor-management relations, Nat'l Council permissive bargaining topics approval, 1116 – Locality pay
See LOCALITY PAY
– Military leave, proposed FMLA rules letting family of wounded personnel take 6 months unpaid leave to provide care issued, 25; qualifying exigency leave for active duty, proposed OPM rule implementing NDAA, 1361 – NSPS – President's Management Advisory Bd., EO creates within GSA, focus on productivity, technology, and customer service, 486 – Retirement benefits – Strategic plan, 5 year, making U.S. model employer of 21st century goal, performance standards, 322; reforming hiring, reorienting FEHBP management, better work/life programs, and improving veteran hiring among projects started, FY2009, report, 389; telework is and should be part of changing workplace, speakers say, 1177; expanding telecommuting among major goals, tax penalties for employers and employees among obstacles, BNA Insight, 1227; changes to USAJOBS web site to streamline process, use resumes instead of standard forms, 1329 – Telework Enhancement Act
– CVS Caremark, FEHBP drug benefit programs not offering lowest prices to enrollees, report, 173
– VA Med. Center, African Am. pharmacist, race bias, firing during probation for performance, similarly situated unprotected worker (6th Cir.), 1007
– Tax-exempt status, income paid to teacher in State Dep't sponsored teacher exchange program, tax convention (T.C.), 1339
– Assuring Quality Care for Veterans Act
– Disability bias, doctor under contract with P.R. Corr. Dep't, Rehabilitation Act and ADA coverage, independent contractor (1st Cir.), 1433 – Due process, claims by doctor removed from administrative functions (4th Cir.), 241 – Free speech, retaliation, doctor preventing from operating, given fewer patients, and take off referral list after criticizing program (2d Cir.), 1309 – Mass., bill imposing fines for assault and other violence against health care workers signed, 847 – Medical malpractice accords, state and federal rules for filing notices, free speech, equal protection, due process (7th Cir.), 1067 – Sex bias, trauma surgeon's claim for pay disparity and contract nonrenewal (S.D. Fla.), 106 – VA, health care professionals' bargaining rights
– Heightened standard
– – Employment law, benefits and disadvantages, discover in bias claims, disparate impact cases problematic, 444
– – First Amend., Ga. district attorney staffer fired after refusal to drop candidacy (11th Cir.), 955
– D.C., CBA wage payment provisions, arbitration for violating FLSA (D.C. Cir.), 280
– Library of Congress, merger with Capitol Police, union has standing to bring race bias claims, age limits for law enforcement exempt from ADEA (D.D.C.), 378 – Lodge 7, Chicago Police Dept. pact attained (Arb.), 539 – Lodge 34, Md. Transp. Auth., personal car vehicle program established in exchange for bargaining rights, pact violation (Md. Ct. Spec. App.), 1282 – Ohio Labor Council, barring county courthouse from hiring part-time security screeners, pact with Sheriff's Dep't (Ohio Ct. App.), 1283 – USPP, FLSA and D.C. Code apply, officers get pay or compensatory time off only for special events, highest rate prevails (FLRA), 601
– Affiliation bias
See AGENCY FEES
– Campaign contributions by unions, provisions of N.J. executive order that sought to extend invalidated (N.J. Super. Ct. App. Div.), 598 – Campaign finance, Supreme Court ruling ending corporate and union spending ban puts unions at disadvantage, commentator, 332 – Case Notes, 723 – Hatch Act
See HATCH ACT
– Off-duty conduct, Pa. county commissioners' authority to restrict activity by sheriff, district attorney, and staff (Pa. Commw. Ct.), 1074 – Patronage dismissals, 1st Amend. ban, Ky. deputy clerk fired after running against county clerk (6th Cir.), 620 – Refusal to participate, claim by N.Y. county court clerk for hostile environment, demotion (2d Cir.), 1459 – Retaliation, P.R. public works director secretary, testimony in ethics investigation on invitations to political fundraisers and meetings (1st Cir.), 887 – SES Reform Act, legislation addressing stagnant pay, usurpation of duties by political appointees, SEA proposal, 773
– Due process
– – Del., manager firing after removal from merit system (3d Cir.), 48
– – P.R., ranger cadets, dismissals result of affiliation with party, due process right to transitory job (1st Cir.), 851
See FIRST AMENDMENT
– Qualified immunity, Ill. Tranp. Dept. sign shop chief firing, political loyalty as BFOQ (7th Cir.), 999 – Yard sign, age bias, preferences denied (3d Cir.), 42
– Disability benefits, N.J. corrections officer spat on by inmate with HIV/AIDS, horror-inducing (N.J. Super. Ct. App. Div.), 1168
– Disability or military service bias, USERRA, ADA, Fla. law, hiring as court bailiff (11th Cir.), 47
– Age and disability bias, retaliation, exhaustion, final EEO complaint ruling (5th Cir.), 1277
– Age and race bias, worker placement on AWOL and supervisor contact, material adversity (10th Cir.), 560 – Age, disability, national origin, and sex bias, probationary rural carrier firing, lost customer mailbox master key (10th Cir.), 434 – Age, disability, race, and sex bias, timeliness of accord, attorney malpractice (6th Cir.), 433 – Age, religious, and sex bias, retaliation, failure to pay for FMLA leave, pretext or animus in USPS reasons for actions (1st Cir.), 619 – APWU, pact talks start, 1058; pact extended, talks continuing, 1421 – Assignment of work, deferential standard of judicial review of arbitration decisions (D.C. Cir.), 43 – CSRS, overpayment, OPM miscalculation, financial crisis, 361; OPM and USPS OIG calculations on overpayments critiqued, report, 805; CSRS Obligation Modification Act, see LEGISLATION, FEDERAL, HR 5746; will not be able to meet financial obligations including retiree health benefit contributions, CRS report, 966; projected surplus, FY2009, USPS IG report, 1056; POST ACT, see LEGISLATION, FEDERAL, S 3831; audit report to question ability to meet future retirement contributions, 1367 – Death benefits, OPM must address whether deceased worker's daughter may claim, assignment, successful wrongful death suit against widower (Fed. Cir.), 1187 – Disability benefits, elimination period, ERISA (10th Cir.), 19; (U.S., rev den), 691 – Disability bias
– – Derogatory references, PTSD and acute paranoid disorder, 1936 murder prompted adverse action, exhaustion (3d Cir.), 500
– – Excusable neglect, continuing trial despite absence of pro se plaintiff, disobeying court orders common (5th Cir.), 306 – – Res judicata, postal worker separated for failure to report for 10 years, same fact in prior lawsuit (11h Cir.), 1070 – – Retaliation
– – – Fraudulent workers' compensation claim, not for depression or other disability (7th Cir.), 375
– – – Light duty, sending letter carrier home without pay after reinjury claim, no work week guarantee (7th Cir.), 1158 – – – Rejection for transfer, qualified individual with disability, facet syndrome (3d Cir.), 45 – Fair representation duty, no breach where NALC official withdrew appeal, member fired for failure to report band earnings during disability (7th Cir.), 559 – Federal Employees and Uniformed Services Retirement Equity Act – FY2011 appropriations, Senate would bar cutting Saturday delivery, report, 938 – Income, back pay award for improper suspension, when award attributed determines CSRS annuity eligibility (Fed. Cir.), 182 – LWOP, back pay, failure to follow procedure, ready, willing, and able to work (Fed. Cir.), 1012 – Nat'l Reassessment Process, action to implement more timely, fully disclose limitations, GAO report, 6 – NRLCA, pact talks start, statement, 1087; impasse reached, talks continue, 1394 – OIG, overtime premium – Race bias
– – Promotions, evidence of vehicle operator's supervisor's amicus sufficient, denial claim (E.D. Pa.), 437
– – Retaliation, timing close enough between charge and FMLA denial and negative rating, no evidence of pretext or causal connection (5th Cir.), 1278 – Reorganization, Congress questions necessity of delivery cuts, 291; eliminating Sat. mail delivery and moving to 5 day system could cut 40K jobs, report, 393; Sat. delivery end not effective long-term solution to financial losses, hearing, 772 – Retiree health benefits, statutory requirement to prepay, agency seeking major changes to address deficit, business plan, 259; pension payments and possibility of restructuring retiree health contributions analyzed, House hearing, 456 – Settlements, administrative separation after LWOP, permanently unable to work, retaliation (8th Cir.), 1032 – Sex bias, retaliation
– – Adverse employment action (2d Cir.), 45
– – Break assignments, window duty, and job vacancy announcement change, employment decisions not adverse actions (1st Cir.), 647 – USERRA, job offer rescinded, applicant discharged from military after maximum entry age for postal inspector, waiver possible (MSPB), 1286 – Vt., OSHA announces fines for willful electrical hazards, 938
– Appointments and personnel changes, Guffy elected president, 1240
– Assignment of work, deferential standard of judicial review of arbitration decisions (D.C. Cir.), 43 – Electrical hazards, Philadelphia and Pittsburgh, OSHA cites USPS facilities after complaints from union, 741 – USPS, pact talks start, 1058; pact extended, talks continuing, 1421
– Case Notes, 191
– FEHBP, Ill. law claims for coverage denial during leave not completely barred (U.S., app dism), 252 – FLSA, Pa. state worker furloughs, 8 – Foreign travel, state sponsors of terrorism, Fla. law barring reimbursement of employee expenses (11th Cir.), 1167 – IRC, MVRA trumps §401(a)(13) provision, U.S. garnishment of La. sheriffs' pensions for mail fraud, CCPA limits (5th Cir.), 1126 – LMRA, Albuquerque city worker reassignment, protected speech, AFSCME Local 3022 pact governs (D.N.M.), 1341 – SLUSA, Fla. sheriff's suit challenging revenue-sharing scheme by insurer (6th Cir.), 238 – Tort remedy for sexual harassment, Title VII is exclusive judicial remedy (D.D.C.), 594
– Attorneys' fees, N.Y. park policy, light duty assignments, retaliation (E.D.N.Y.), 49
– Breach of contract, USPS accord incorporated into ALJ order, mutual exclusivity (Fed. Cir.), 1072 – Light duty, Detroit accord with police officers required to take leave if unable to work regular jobs (E.D. Mich.), 941
– Overtime, compensatory time, and holiday pay, State Dept. workers deployed to Iraq exceeded biweekly maximums, waiver, collection not in best interest of U.S. (D.D.C.), 1073
– Overtime, exclusion in calculating rate, Cal. police, accord approval (N.D. Cal.), 233 – Part-time federal workers, work on Sunday to be paid premium rate for non-overtime hours, OPM proposed rules, 425
– Agency actions
See specific agencies and departments
See specific forms of discrimination
– Wis., federal Wage Sys., OPM to redefine counties from SW region, 1368
– Amity Inst., income paid to teacher in State Dep't sponsored teacher exchange program, payroll tax exemption, Philippine tax convention (T.C.), 1339
– Ariz., Cal., Ill., N.Y., and Fla., most residents would pay higher taxes to maintain funding, poll, 1214 – Ariz., Horizon Cmty. Learning Ctr., teacher denied hearing on charges by spurned female student, due process, state action (9th Cir.), 103 – ARRA, most jobs preserved by stimulus will be cut in next school year, study, 554 – California
– – Bethel Sch. Dist., 1st Amend protects discordant speech, but not political fallout, school board member removal as vice president (9th Cir.), 848
– – Budget deficit, 23K teachers laid off, more in 2010-1011 academic year, 355 – – Drunk driving., teacher's credentials suspended for 3 convictions, no per se suspension but proper factors cause same result (Cal. App. Ct.), 689 – – Los Angeles, layoffs and program cuts to close budget deficit, 356 – Colorado
– – Financing, public schools facing irreversible cuts, funding cut, ballot proposal to hike taxes, changes to pensions, 358
– – Mesa County Valley Sch. Dist., principal tenure, PIP, suspension for insubordination, constructive discharge (10th Cir.), 1000 – – Twin Peaks Charter Academy, anti-gossip rule, free speech claims by at-will staff given less favorable ratings after off-duty meetings (10th Cir.), 586 – Ct., Region, change in workload, changing employment conditions without bargaining (Conn.), 1508 – Criminal convictions for sexual misconduct, state and local practices led to hiring, GAO report, 1493 – D.C. Public Schools
– – Educator assessment, teachers and other school workers fired, more put on notice of inadequate performance, 881
– – Wash. Teachers' Union
– – – Election procedures, administratorship, monitor internal elections, 997; AFT must hold hearing before establishment (D.D.C.), 1059; administratorship in order to conduct internal elections, WTU supports, 1125; runoff election, 1305; Sanders elected president, officers installed, 1431
– – – Pact attained, 427; ratified, 672 – Florida
– – Aventura, city manager sex-based and offensive remarks to charter school principal over long time span or general profanity and insults (11th Cir.), 853
– – Gadsden County Sch. Bd., former Fla. teacher volunteering in mentoring program, retaliatory post-employment actions (Fla. Dist. Ct. App.), 1036 – – St. Lucie County, African Am. floating teacher firing during probationary period, inconveniences not race or sex bias (11th Cir.), 1277 – – Teacher layoffs before current year, more may leave due to pay and benefit cuts, proposed law may accelerate, 360; vetoed, 458 – Illinois
– – Bremen Sch. Dist. 228, race bias and retaliation, discovery, duty to preserve electronic records relevant to charge, gross negligence (N.D. Ill.), 791
– – Chicago and Cook County, unfunded liability for pensions for public workers escalated in last decade, report, 294; governor urges lawmakers to stabilize, budget address, 295 – – Chicago, layoff of tenured teachers rescinded, must negotiate with teachers' union, school code provides property right (N.D. Ill.), 1212 – – Cook County, Berkeley Sch. Dist., DOJ religious bias suit, unpaid leave denial, Muslim teacher performing Hajj (N.D. Ill.), 1496 – – Glebard Twnshp. High Sch. Dist., retiree health benefits under prior pacts, Sch. Bd. can not alter vested rights (Ill. App. Ct.), 473 – – Spring Valley, sexual relations with student, investigator conflict of interest, qualified immunity (7th Cir.), 1030 – – Townshp. High School Dist. 211, social studies teacher due process claim for denying administrative hearing resumption after firing (7th Cir.), 212 – Keep Our Educators Working Act – Local Jobs for America Act – Md., Baltimore
– – Baltimore Teachers Union, pact ratified on second time, Duncan commends, 1368
– – Race bias, African Am. teacher, disorderly students removal, white teachers' requests granted, hostile environment (D. Md.), 1251
– – Boston
– – – Budget cutbacks, union demonstration protests proposed cuts, little danger of job losses, 359
– – – Public worker strikes, state ban, teachers' union meeting to vote on holding (U.S., rev den), 313 – – – Race bias, award to high school teacher for retaliation after complaint improper, insufficient evidence (Mass. Super. Ct.), 330 – – Prior service in private schools with state funding, Social Security eligibility, public school teachers may buy retirement credits (Mass.), 1466
– – Detroit Pub. Schools
– – – Detroit Ass'n of Educational Office employees pact ratified, 490
– – – Disability bias, school social worker, preserve challenge for appeal, fecal incontinence left unable to perform job (6th Cir.), 533 – – L'Anse Creuse Pub. Sch., fitness to teach, teacher photographed at adult party simulating oral sex (Mich. Ct. App.), 761 – – Redford Union Sch. Dist., FMLA, vacation during leave, bus driver refusal to sign last chance agreement (E.D. Mich.), 76 – – Traverse City Pub. Schs., teacher firing in retaliation for complaining about class size, no 1st Amend claims (6th Cir.), 646
– – Indep. Sch. Dist. 1, Minneapolis district to pay back pay, salary freeze violated AFT pact (Arb.), 1272
– – Indep. Sch. Dist. 11, music teacher with multiple sclerosis, disability proof (8th Cir.), 973 – – Indep. Sch. Dist. No. 23, continuing contract status, teacher left to teach in another district, new probationary year on return (Min. Ct. App.), 475 – – State retirement benefits, current retirees' benefits vested, class action (Minn. Dist. Ct.), 642 – NEA
See TEACHERS (NEA)
– – Dakota County, attorneys' fees for due process denial in classification as substitute instead of full-time probationary teacher (Neb.), 627
– – Merrick County Sch. Dist., contract continuation and payment for unused leave, Industrial Rel. Commn. authority to include (Neb.), 895
– – Roselle, school district not barred from investigating and disciplining tenured teacher for sexual contact with student (N.J.), 687
– – State aid, proposed cuts disastrous, union says, 357; budget measures to limit annual pay increases to keep property taxes down among proposed legislation, 582 – New York
– – Elmont Sch. Bd., law firm associate serving as officer, firm disqualified (E.D.N.Y.), 953
– – Longwood Cen. Sch. Dist., age, race, and sex bias, middle school principal, no unfavorable treatment in administrators' union pact (2d Cir.), 787 – – Malverne Sch. Dist., more challenging assignments after brain surgery, retaliation, substantial limits (2d Cir.), 855 – – New York City
– – – Age bias, job elimination, teacher forced to choose between remaining as substitute or transfer to another (2d Cir.), 475
– – – Disability bias, retaliation, special education teacher unqualified to teach special education students, inference of animus (2d Cir.), 1434 – – – Economic recovery, 20K teachers to be laid off in 2010-1011 academic year, budget deficit, 356; budget proposal averts layoffs but freezes pay for 2 years, would be revised if Congress does not restore Medicaid funding, 670 – – – Free speech, claim by teacher who used grievance procedure to challenge failure to discipline unruly student, official capacity (2d Cir.), 213; (U.S., rev den), 1257 – – Substitute teachers, jobless benefits, attorney insights, 283 – – Temporary early retirement incentive for teachers over 55, bill passed, 462; signed, 670 – – United Teachers, state Freedom of Information Law, exception bars release for commercial or fundraising, charter schools may withhold teacher data (N.Y.), 1507 – Ohio
– – Cincinnati
– – – Equal protection, white teacher, requiring same racial balance for staff of each school (S.D. Ohio), 626
– – – Privacy, long-term substance abuse specialist firing, background check found old conviction, state constitution (Ohio), 1311 – – Ed. Ass'n, accord for violating LMRA by changing retiree health benefits approved (S.D. Ohio), 204 – – Tipton Sch. Dist., critical evaluation of teacher after parent complaints about reading selections, contract nonrenewal, free speech (6th Cir.), 1336
– – Logan County, disability bias, reassignment to teach in crowded laboratory, accommodation for post-polio health problems (10th Cir.), 243
– – Okla. City, administrator demoted at age 60, age bias beyond pretext (10th Cir.), 1029 – Pennsylvania
– – Central Dauphin Sch. District
– – – 1st Amend. violated, retaliation for speaking about environmental conditions, analyzing each instance (3d Cir.), 51
– – – Privatization, student transportation, bus drivers' union ULP charge, Act 88 applies to disputes during pact term (Pa. Commw. Ct.), 721 – – Farrell Area Sch. Dist., principal fired for racist comment, immorality, persistent violation of school laws and negligence (Pa. Commw. Ct.), 566 – – Governor Mifflin Sch. Dist., subpoena for e-mail, whether discovery documents withheld, sanctions (E.D. Pa.), 1435 – – Pittsburgh Pub. Sch., law establishing property interest in management jobs but denies human resources director pre-firing hearing, due process (W.D. Pa.), 534 – – State Educ. Ass'n, AFL-CIO partnership to build stronger, more unified labor movement, 299 – – W. Allegheny Sch. Dist., arbitration ruling, early return from childbearing leave, reverse sex bias (Pa. Commw. Ct.), 759 – – York City, race bias, administrator reassigned and fired after funding expired (M.D. Pa.), 51 – R.I., Central Falls Sch. Dist., reform plans moving forward, union must understand process to avoid firings, 263; pact ratified, includes reform plan to improve student performance, 615 – S.D., Spearfish Sch. Dist., salary structure for teachers hired after bargaining impasse, must implement last offer as minimum (S.D.), 471 – Supplemental Appropriations Act, 2010 – Teacher layoff prevention – Tenn., Nashville & Davidson County
– – McGavock High School, coach removed after medical leave, pay supplement cut, FMLA, pretext (8th Cir.), 274
– – Payroll coordinator, retaliation for telling investigator of manager sexual harassment (M.D. Tenn.), 154
– – Houston, system recruiting in critical areas, offering bonuses and relocation incentives to replace retirees, 359
– – Liberty Indep. Sch. Dist., free speech, school board rule barring mentioning co-worker names during comment period (5th Cir.), 372 – – Presidio Indep. Sch. Dist., state Ed. Comm'r not required to consent to venue appeal, not party to dispute (Tex.), 628 – Virginia
– – Chesterfield County., age bias, school board worker, involuntary transfer before RIF, discovery of e-mail and other personnel data (E.D. Va.), 1166; superintendent's comments and adverse actions sufficient (dec), 1375
– – Fairfax County, school security officer, overtime for coaching golf (E.D.Va.), 79 – – Va. Beach City, Russian language teacher national origin bias claim for hiring refusal (4th Cir.), 221 – Wisconsin
– – Somerset, teacher moved room without window, seasonal affective disorder, disability bias, jury award (W.D. Wis.), 1243
– – Wis. Rapids Sch. Dist., teachers' personal e-mail on school computers, disclosure (Wis.), 981
– Bargaining duty, AFGE Local 171, Council of Prison Local 33, personal property searches (FLRA), 23
– Cadmium, workers and staff in program where prisoners disassembled electronics for recycling exposed, DOJ report, 1271 – Privacy, Special agent left worker personal data on desk, may be accessed by inmates, course of conduct examined (6th Cir.), 1245
– Cloud computing, no increased reliance on contractors, but challenges exist, information officer tells House panel, 812
– Disclosure
See DISCLOSURE
– Ill., law barring employer use of credit history signed, 972 – Labor law cases pending before Sup. Ct., 99 – Medical records
– – Confidentiality, agencies should have locked office to preserve data, EEOC opinion letter, 397
– – Fitness-for-duty, N.J. special police officer put on modified duty, treatment for anxiety and depression, retaliation (3d Cir.), 715 – Open shop, non-member LA county workers right to notice, chance to object, names disclosed to union, reasonable expectation (Cal. Ct. App.), 1509 – Personally identifiable data, OPM cannot ensure potential risks adequately assessed and mitigated, GAO report, 1209 – Pornography, FOIA may not be used to compel disclosure of names of SEC workers who accessed explicit web sites (D. Colo.), 1489 – Smart phones, social networking, and other innovations, labor attorneys scrambling to learn technology, consider implications, 569 – Using benefits database to call police officer at home, Memphis benefits specialist firing, no business reason for accessing personal information (Tenn. Ct. App.), 381 – Workplace telephone calls, R.I. police, firefighters, and other city officials, recorded but not listened (1st Cir.), 334
– Background investigations for nonsensitive contract jobs, drug treatment and references, NASA right to investigate long-term low-risk JPL contractors (U.S., oral arg), 1196
– DHS, proposal to create, update, and reissue systems of records, exemptions from disclosure, 231 – Disclosure of investigation, co-worker sent letters to potential employer, sources given for charges (D.C. Cir.), 852 – Federal workers, OPM creating central database of medical records, analyze FEHBP preexisting condition data, PPACA, 1179; groups urge complete overhaul, alarm about personal privacy risks, 1298; comment period on proposed rules extended, 1367 – 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 – Secondhand marijuana exposure, JFK Airport screener fired after random drug test positive for marijuana (E.D.N.Y.), 624
– State and local
See specific states
– Attorney-client and work product, Wash. fire mechanic, privilege log, waiver, race and national origin bias (9th Cir.), 618
– Attorney-client, DOJ prosecutor e-mail with personal counsel, work-related matters (D.D.C.), 51 – Attorney-client, work product, and executive session, audio recording of executive session, Marshall County Comm'n, blind man rejected for job (W. Va.), 248 – Federal Tort Claim Act, immunity, certification was prima facie evidence of U.S. attorney acting in scope of job, attorney who had affair with paralegal from defense firm (9th Cir.), 1461 – Immunity
See IMMUNITY
– Work product, Ohio city withheld evidence related to affirmative defenses, defense counsel's immunity theories (Ohio Ct. App.), 1404
– Age bias, probationary rural carrier firing, lost customer mailbox master key, protected class (10th Cir.), 434
– Continuing contract status, Minn. teacher left to teach in another district, new probationary year on return (Min. Ct. App.), 475
– Federal ALJs, more security needed at administrative hearings, threats escalating, caseloads increasing, union helping, 1055
– GAO Employees Org. affiliate, GAO pact attained, 1330
– Age and race bias, EPA workers' claims fail, availability of exhaustion shortcuts (10th Cir.), 305
– Age bias – Disability bias
– – Accommodation and retaliation for complaint, claim by D.C. Mental Health worker, failure to written notice rule (D.C.), 563
– – Intentional bias, blind IRS programmer evidence that reasons for nonselection was pretext (D. Md.), 678 – Federal agencies, women represented in lower pay grade levels but fall support of men at higher levels, report, 487 – National origin and race bias
– – Disparate treatment, Mass. municipal and mass transit police (1st Cir.), 14
– – N.J., civil service test, disparate impact on minorities, DOJ suit (D.N.J.), 65 – – Timeliness, associate professor's claims for promotion denial (4th Cir.), 308 – Political affiliation bias, P.R. electric authority lawyer, 1st Amend., policymaking functions (1st Cir.), 412 – Prohibited practices, MSPB reexamining, earlier findings summary, 735 – Punitive action, Cal. corrections officer returned to former job after probationary period, administrative appeal right (Cal. Ct. App.), 719 – Race and sex bias
– – Rejection based on race and gender, white man had direct evidence (9th Cir.), 104
– – Retaliation, claim against Army for denial after EEOC charge (11th Cir.), 242 – Reverse bias – Sex bias – Teacher Incentive Fund program, Ed. Dept. proposes priorities, requirements, and selection criteria, 266 – Tenure
See TENURE
– Firefighters
See FIREFIGHTERS
– Newspapers
See NEWSPAPERS
– Aguada, employment contracts, protected interest in jobs despite grant funding end (1st Cir.), 824
– Bargaining with public worker unions and layoffs, public law suspending governments duties. contracts clause and 5th, 9th, 10th, and 14th Amends. (D.P.R.), 108 – Caguas, Public Works Director secretary, retaliation, testimony in ethics investigation on invitations to political fundraisers and meetings (1st Cir.), 887 – Electric Power Auth., political affiliation bias, promotion denial, 1st Amend., policymaking functions (1st Cir.), 412 – Health Dep't, medical director, prison hospital, conflict with supervisor, insufficient evidence (1st Cir.), 1131 – Natl. Guard, civilian technicians notice of hearing right before firing, authority to order reinstatement and records correction (D.C. Cir.), 645 – Natural and Envt'l Resources Dep't, ranger cadets, dismissals result of political affiliation, due process right to transitory job (1st Cir.), 851 – Retirement plan, age bias in eligibility rules, EEOC accord (D.P.R.), 180 – Tourism agency
– – Due process, no liability if firing would be done without political motivation, no protected property interest in job (1st Cir.), 129
– – Permanent job, temporary worker denial, proof of motivation, retaliation for complaints on luxury care safety enforcement (1st Cir.), 920
– Race bias, USW local duty to help black member harassed by Hispanic co-workers and supervisors, availability of punitive damages (N.M.), 860
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