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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
SABBATH WORK
Religious bias, 7th Day Adventist police officer denied Saturdays off, rotating schedule, retaliation (D. Conn.), 790
Sexual comments and invitations by supervisors, probationary Cal. animal control officer claim (N.D. Cal.), 624
Flexible work schedules
Telecommuting
Colleges
Fourth Amendment
See FOURTH AMENDMENT
Misclassification, 1st Amend., anti-union animus, public concern, Ohio law protection of public workers (6th Cir.), 1012
Disability bias, management analyst posted complaint on intranet, increased workload, retaliation (D.C. Cir.), 1031
Race bias
Promotion of special agents, sanctions for discovery violations, preclusion order violation (D.D.C.), 977
reassignment after poor performance, Lady Bird Johnson detail, no cut in pay, benefits, or duties, adverse action (D.D.C.), 685 Retaliation, transfer denial perception of participation in special agent husband's class action (D.D.C.), 340
Asset management
Dodd-Frank Wall Street Reform and Consumer Protection Act
Insider trading, lawyer fired after complaining about mishandling hedge fund investigation, accord (MSPB), 811 Pornography on agency computers, Schapiro questioned, why stronger action not taken, supervisor directed IG investigators not to pursue, 520; FOIA may not be used to compel disclosure of names of workers who accessed explicit web sites (D. Colo.), 1489 Whistleblowing, Grassley questions commitment to pursuing retaliation claims in Ft. Worth Reg'l Ofc., 1056
Class actions, Fla. sheriff suit challenging revenue-sharing scheme by insurer (6th Cir.), 238
Backlog, time to make decisions cut, waiting for results of NSPS data, 1365
Designation, OPM proposing to update definition, jobs lacking access to classified data included, procedures for waiving pre-appointment checks, 1482 Personally identifiable data, OPM cannot ensure potential risks adequately assessed and mitigated, GAO report, 1209 Reciprocal recognition, Bush E.O. recognition of clearances by other agencies, OPM proposed rule clarification, 1328 Religious and national origin bias, constitutional claims by Muslim physicist based on separation of powers (3d Cir.), 127 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
See CONGRESS, U.S.
Annual conference, proposed reform bill addressing stagnant pay, usurpation of duties by political appointees, OPM aware of issues, 773; President asking for SES feedback on accountability initiative, 1086
Balance, negative impact primary detractors GS workers seeking upward mobility, survey, 486 Cash awards, quality step increases, bonuses, and other discretionary payments, SES not included, Obama memo ban, FY2011, 933 DOD, senior civilian leaders, improvement in studies and job requests needed, GAO report, 1331 Model employer of 21st century, OPM 5-year strategic plan, rewarding current and retired workers, includes pay-for-performance for SES, 322 Same-sex domestic partners, Obama memo, benefits for federal workers' partners and children, 665; 24 hour LWOP family support policy extended to same-sex domestic partners and children, OPM memo to CHCOs, 1086; GSA interim rule adopts OPM definition of domestic partners and families, 1298 SES Reform Act, legislation addressing stagnant pay, usurpation of duties by political appointees, SEA proposal, 773; President asking for SES feedback on accountability initiative, 1086 Work and family responsibilities, negative impact on balance among primary detractors to GS workers seeking upward mobility, survey, 486
Bumping rights, limitations in AFSCME pact with Columbus, Ohio, laid-off workers may bump less senior workers in another unit (Ohio Ct. App.), 829
Case Notes, 795 Lateral transfer for promotion only, CBA seniority trumps disability bias, Ohio worker with monocular vision denied reassignment (Ohio Ct. App.), 688
Bailiffs and peace officers, Del. Pub. Emp. Relations Bd. jurisdiction to certify bargaining unit (Del.), 249
Case Notes, 723 Judicial pay crisis, N.Y. legislature must act in good faith and free of other disputes (N.Y. Ct. App.), 380
Appointments and personnel changes, Stern retirement, 462; international executive vice president Henry expected to succeed Stern after Burger withdraws, 524; executive board elects Henry, will focus on resources for organizing and politics, 584
Cal., In-Home Supportive Services, TRO bars cutting pay and benefits of members (N.D. Cal.), 844 Doctors Council, Harlem Hosp. pact ratified, strike averted, 1496 Healthcare 775 NW, governor not required to include pact pay hikes in proposed budget (Wash.), 503 Ill. and Local 73, organizing Ill. home care workers, fair share fees, 1st Amend. (N.D. Ill.), 1398 Local 5, Houston, Tex. barring union outdoor events to support strike violates 1st Amend (5th Cir.), 214 Local 73, whether Ill. Toll Hwy. Auth. had duty to provide reasons for adverse action to worker's representative before investigatory interview (Ill. App. Ct.), 1405 Local 503, Or. bill expanding number of home health care providers eligible to bargain signed, 399 Local 1000, Cal. appeals rulings ending furloughs (Cal. Super. Ct.), 40; blocking pay restoration for prison guards sought, 68; 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; pact attained, includes pension cuts in, 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; ratified, 1333 Local 1684, N.H. State Workers, pact ratified, 749 Local 2001
Conn. State Employees' Ass'n, Conn. law determining who is manager not entitled to bargain, no independent judgment required (Conn.), 828
Middlebury, Conn., unilaterally switching health insurance plans violated pact for administrative officers and police (Arb.), 747 Mo., workers who care for elderly and disabled people under Medicaid program chose affiliate Mo. Home Care Union, 554 SEIU Healthcare Florida, 1199 SEIU United Healthcare Workers East merger approved, 780 United Healthcare Workers West
Doctor's Med. Ctr., recognition of NUHW recommended, incumbent rejected in election (Cal. PERB ALJ), 296
Sacramento, Cal. pact approved, 152
Age, disability, race, and sex bias, timeliness of accord reopening, attorney malpractice (6th Cir.), 433
Breach of contract, pregnancy bias, USPS accord incorporated into ALJ order, mutual exclusivity (Fed. Cir.), 1072 Failure to protect after undercover operation, lead ATF agent considered suspect after arson destroyed home (Fed. Cl.), 244 FECA, elevator accident, allocation to husband, embassy worker must repay payments after accord with elevator firms (D.C. Cir.), 918 Federal sector claims, practitioners provide tips on obstacles to negotiations, 831 Res judicata, white N.J. firefighters claim racial harassment, retaliation, and hostile environment, state court accord (D.N.J.), 187
Attorneys' fees and interest, Neb. city officials' suit to enforce pacts (Neb.), 955
COBRA rights Temporary Continuation of Coverage, former FEHBP members get subsidy, involuntary firing, 1392
Assignments by sex, N.Y. state park manager, failure to respond promptly and effectively, union standing (N.D.N.Y.), 220
BFOQs, Wash. Corr. Dep't, whether sex may be exception for women's prison housing (Wash. Ct. App.), 983 Breastfeeding at work, NFS wildlife biologist, offensive comments about private office (D. Colo.), 1132 Bridge painters, N.Y.C. pattern-or-practice of hiring only men (S.D.N.Y.), 682; N.Y.C. pays $1M in accord, approved, 1153 Budget cuts, job elimination, hostile environment, equal protection, supervisor harassment, timeliness (N.D. Ill.), 1280 Contract nonrenewal, medical director of P.R. prison hospital, conflict with supervisor, insufficient evidence (1st Cir.), 1131 Credit reports, employment decisions, EEOC public meeting, fairness, adverse impact on minorities, women, and disabled people, 1260 Damages, post-judgment of interest rate on award to school special programs director (Wash. Ct. App.), 164 Demotion and firing, office clerk removed after consensual affair with mayor, sex as contributing factor (Mo. Ct. App.), 720 Disparate treatment, Mich. police sergeant suspended and fired for refusing to discuss off-duty relationship (E.D. Mich.), 133 Dual status, National Guard technician forced to quit civilian job after military retirement, pension cut (8th Cir.), 1028 Equal Pay Act Explosive behavior, misdiagnosis, and lateness, trauma surgeon's claim for contract nonrenewal and pay disparity (S.D. Fla.), 106 Family and medical leave, policies and political debates must include roles of men, panel, 1123 Federal agencies, women represented in lower pay grade levels but fall support of men at higher levels, report, 487 Gender variance
Eligibility list, black woman classified as eligible by EMS, credibility of justifications, motivating factors (W.D. Pa.), 342
Fitness tests, female applicants' failure, class certification (D. Conn.), 109 Pretext, Okla. animal control officer evidence that job elimination and reposting were biased (10th Cir.), 714 Subjective interview to mask unlawful consideration, preference for white men, Minn. firefighter applicant rejection (8th Cir.), 710 Intolerable working conditions, bias by superiors after Ill. corrections officers acquitted of sexual misconduct with female detainees (7th Cir.), 587 Intra-military immunity, dual status Air Force reserve technician, NDAA amendments, repeal (9th Cir.), 784 Intramilitary immunity, technician FTCA claims, hybrid civilian/military job (6th Cir.), 914 Job reclassification, pretext, nondiscriminatory reasons, Md. workers' compensation claims manager (4th Cir.), 18 Just cause, Minn. regional manager accord after arbitration ruling on firing for conference (Minn. Dist. Ct.), 820 Limitations period, egregious conduct by counsel, Navy civilian (6th Cir.), 20 Pattern or practice, jury award to black, lesbian firefighter, exhaustion (Cal. Ct. App.), 346 Pay equity Paycheck Fairness Act Positive evaluations, college counsel firing pretext, evidence supervisors knew of Native Am. origin (S.D. Tex.), 650 Pregnancy Prohibited practices, MSPB reexamining, earlier findings summary, 735 Promotions
Accretion of duties, more favorable treatment of similarly situated worker (4th Cir.), 921
Attorneys' fees, Tex. police officer more qualified than men selected, compensatory award disproportionate to award, specialized legal work (5th Cir.), 1101 Deliberate indifference to bias, N.J. firefighter denied field assignments, not qualified for job, official custom or policy (3d Cir.), 466 Female state prison, Nev. policy of considering only female guards for frontline jobs, BFOQ (9th Cir.), 944 Md., white man had direct evidence promotion denial based on race and gender (9th Cir.), 104 Pay equity, jurisdiction over Army civilian's EPA claim where bias claim pending (Fed. Cir.), 158 Pretext, selecting male candidate, training after selection as proof (10th Cir.), 239 Retaliation, Cal. public defender involuntary transfer, denial (S.D. Cal.), 77 SSA, discovery abuse (EEOC), 54 Subjective performance, black female firefighter (4th Cir.), 46 Restroom Gender Parity in Federal Buildings Act
Adverse employment action, USPS (2d Cir.), 45
Break assignments, window duty, and job vacancy announcement change, employment decisions, postal clerk, not adverse actions (1st Cir.), 647 Comparators' conduct not identical, failure to identify male officers treated more favorably (11th Cir.), 922 Conflict of interest, law firm associate as N.Y. school board officer, firm disqualified (E.D.N.Y.), 953 Degree of adversity in doubt, no claim for Chicago police officer special security detail request denial (7th Cir.), 72 Exhaustion, discipline, suspension, and firing after EEOC charge for promotion denial and accommodation (11th Cir.), 407 Performance evaluation, Navy civilian rating after EEO activity, attorneys' fees for EEOC hearing (9th Cir.), 557 Permanent job, seasonal San Diego lifeguard, disparity between men and women in promotions, highly qualified (9th Cir.), 757 Posting revealing pictures on MySpace, Ga. firefighter trainee and model firing (11th Cir.), 278 Pretext or retaliatory animus, USPS reasons for employment actions (1st Cir.), 619 Reappointment as only Asian/Pacific Islander/Native Am. Hawaiian woman jurist, N.J. state court judge claim (D.N.J.), 625 Retaliation, USAID denial and poor performance review after suit (D.C. Cir.), 754 RIF, computer accessed by others, number on calculator, and office break-in (3d Cir.), 1219 Taxation, proceeds of accord with Colo. Tranp. Dep't not excludable as physical injury damages (T.C.), 162 Timeliness, African Am. teacher, removal of disruptive students, white teachers' requests granted, hostile environment (D. Md.), 1251 Work-related stress, paralegal got continuation of pay before extended leave, medical documentation, firing after AWOL (D.D.C.), 1437 Settlements, USPS, timeliness of reopening accord, attorney malpractice (6th Cir.), 433 Sovereign immunity, Alaska law protection from 14th Amend. claims (U.S., rev den), 81 State and federal judges, no state achieved equal representation of women, report, 181 Supervisor harassment, firing after threats to kill supervisor (10th Cir.), 1247 Suspension, admissibility of arbitral awards discretionary, admission of railroad evidence of breast grabbing unwarranted (E.D.N.Y.), 1438 Transfer of employees, involuntary reassignment, no adverse action (D.C. Cir.), 71 Unfavorable treatment, middle school principal, bias and retaliation in administrators' union pact (2d Cir.), 787
Felony, N.Y. bill making attacking registered and licensed practical nurses criminal offense signed, 998
Qualified immunity, Ark. sheriff liability for failure to train deputy on treatment of private citizens (8th Cir.), 273 Retaliation, DOD intelligence officer transferred to inferior job and other negative actions after complaint about co-worker during trip (D.D.C.), 594 Rural mail carrier, no internal bias charge and no basis for equitable tolling (5th Cir.), 105 Tangible job action, performance evaluations needed for tenure delayed, teacher's male supervisor's unwelcome advances (1st Cir.), 498
Breastfeeding at work, NFS wildlife biologist, offensive comments about private office (D. Colo.), 1132
Case Notes, 412; 795; 1037 Disclosure, N.J. public records act, newspaper and public advocate request for county accord documents (N.J.), 189 Discovery and use of evidence, N.M. county may ask if claimants were dating co-workers but sexual behavior limited (D.N.M.), 309 Disparate treatment, Mich. police sergeant suspended and fired for refusing to discuss off-duty relationship (E.D. Mich.), 133 Due process, charges provided after hearing cured, Neb. deputy sheriff, policy violations (Neb.), 1343 Failure to take reasonable care to prevent, reasonableness of jury award to Fla. county worker harassed by acting mayor (11th Cir.), 825 Free speech, Cal. firefighters forced to work gay pride parade, severe and pervasive target of repeated unwelcome conduct (Cal. Ct. App.), 1284 General profanity and insults, city manager sex-based and offensive remarks to charter school principal over long time span (11th Cir.), 853 Hostile environment
Personal space, male speaker stared in sexual way, stood too close, called babe, jury award (1st Cir.), 1246
Severe, uninvited, physical, intimate, bodily contact, single action actionable, assertions discounted as uncorroborated (7th Cir.), 1097 Single prank, another firefighter rubbed groin on arm not sufficiently severe or pervasive (N.D. Ind.), 718 Immunity, N.M city deputy district attorney protection, no supervisory relationship (10th Cir.), 159 Inappropriate behavior by park manager, N.Y. state park, female staff uncomfortable, refusal to reassign (N.D.N.Y.), 220 Innuendo, staring, touching, and intimidation, accord with LOC law specialist, law library head conduct for more than 20 years (D.D.C.), 1023 Limitations periods
Discipline, arbitration reinstating accused not disciplined within SEIU pact time limits, public policy (Cal. Ct. App.), 1380
Wash., mental health technician accord for co-worker/union official conduct and prior acts (Wash. Super. Ct.), 581 Pay raise, Univ. of Me. female professor, retaliation and sex bias (1st Cir.), 405 Policy of promoting or permitting, hostile environment, statute of limitations (W.D. Wis.), 52 Progressive discipline, reinstating fired firefighter, excessive penalty and failure to formally discipline for prior offenses (Cal. Ct. App.), 1406 Retaliation
Compensatory damages, Navy inspector hostile environment and constructive discharge, adequacy of emotional distress award (EEOC), 1470
Confidentiality, failure to provide complaint to Human Resources, remarks after complaint, transfer, DOJ charges P.R. Police Dep't (D.P.R.), 1457 Constructive discharge, N.M. college lab technician, unfair criticism, training, lowering ratings, continuing violations, limitations period (N.M. Ct. App.), 1377 Dallas, Tex., police officer, adverse actions after asking sergeant not to touch after gunshot (5th Cir.), 1071 Exhaustion, transportation security officer denied transfer and fired after complaint, failure to contact EEO counselor, timeliness (11th Cir.), 1308 Free speech, Ky. city worker supervisor linked sexual favors to job, limited overtime and negative reviews after refusal, fired for performance, alcohol abuse, protected speech (W.D. Ky.), 1374 Functional demotion, negative reviews, warnings, Minn. grants manager, actions petty or unrelated to complaint (8th Cir.), 1001 Hostile environment, rural mail carrier, internal bias charge for sexual assault, equitable tolling (5th Cir.), 105 Inappropriate manager conduct, Tenn. county school payroll coordinator, firing for telling investigator (M.D. Tenn.), 154 Internal affairs investigations and firing, retaliation for complaints about sexual harassment by supervisor (11th Cir.), 589 Strict liability, affirmative defenses available under federal or state laws no applicable to N.Y.C. claims (N.Y.), 597 Tangible job action, performance evaluations needed for tenure delayed, teacher sexually assaulted by male supervisor (1st Cir.), 498 Tenure, bar on substituting sheriff in official capacity as defendant (4th Cir.), 239 Third party, Fla. prison liable, failure to stop or mitigate inmate conduct toward female nonsecurity staff (11th Cir.), 648 Volunteers, firefighters, Title VII coverage (N.D. Ohio), 78
Employment Nondiscrimination Act
Long-term care, Cal. same-sex couples sue, state and U.S. laws barring violate due process and equal protection (N.D. Cal.), 460 Mo., executive order barring bias issued, 910 Pattern or practice, jury award to black, lesbian firefighter, exhaustion (Cal. Ct. App.), 346 Required summer reading book suggestions, college librarian, free speech, remarks part of job duties, academic freedom exception (S.D. Ohio), 788 Tex., Houston, executive order bars bias, 429 Va., executive order banning bias but removing clause for sexual orientation signed, 208; nonbinding executive directive to state agencies, bans sexual orientation or parental status bias, 297
Case Notes, 1037
Due process, property interest of N.J. town administrator denied pay for unused time at retirement (D.N.J.), 978 Family and medical leave Poor evaluations, leave for back pain, refusal to cooperate with remediation of poor performance, validity of claims (5th Cir.), 183 State laws ULP, pact breach, N.H. State Police performance evaluations cite attendance (N.H.), 1010
See DEFAMATION
Natl. Air and Space Museum, worker with asbestosis, accord approved, 94
Mandatory bargaining subject, management authority to override, tobacco use by police in nonpublic areas (Pa.), 980; interest arbitration review, relationship to employment, undue infringement on management duties (rev), 1009
Tobacco cessation, payments for medications or counseling among upcoming FEHBP changes, CRS report, 1392
Age and sex bias, attorney promotion, discovery abuse (EEOC), 54
Break times, data request, AFGE Local 215, ULP (FLRA), 24 Disability bias
Car accident, AWOL, medical documentation, telework as accommodation (Fed. Cir.), 406
Targeted disabilities, class administrative action, preventing advancement (EEOC), 1054 Garnishment, agencies propose uniform procedure for protecting payments from garnishment, 484 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 Race bias, attorney promotion, retaliation, testimony against manager on behalf of black co-workers (7th Cir.), 783 State and local worker coverage, SSA and IRS need greater oversight to ensure compliance, GAO report, 1182 Teleworker, basic data security measures to protect claimant personal data taken out of office not used, IG audit report, 740
COLA, no increase for retirees where CPI fell, CRS report, 1239; coalition urges $250 benefit in lieu of COLA, 1332
Disability and supplemental security income, federal workers and commercial drivers getting improperly, GAO report, 934 Prior service in private schools with state funding, Social Security eligibility, Mass. law lets public school teachers buy retirement credits (Mass.), 1466 Seniors Protection Act
Information and Telecom. Bureau, disability bias, diabetic team leader, removal for insubordination, inability to work with others (8th Cir.), 302
Post retirement pensions, retirees' class action, cuts violate state and U.S. constitutional rights (S.D. Cir. Ct.), 749 Spearfish Sch. Dist., salaries for teachers hired after bargaining impasse, last offer as minimum (S.D.), 471 Supplemental retirement plan for state and local workers, automatic enrollment increased participation, study, 1122
ADA, Ohio county Medicaid agency, disabled worker firing (6th Cir.), 889
Age bias, 11th Amend., patient abuse by nurse, Miss. state medical center (5th Cir.), 49 Case Notes, 412 FLSA, Va. school security officer, overtime for coaching golf (E.D. Va.), 79 FMLA, self-care provision, abrogation of 11th Amend. protection (Tex.), 894 403(b) plans, whether public schools have duties to participants under ERISA, IRS rules, BNA Insights, 985 Sex bias, 11th Amend., Alaska law abrogation of 14th Amend claims protection (U.S., rev den), 81 Sexual harassment, Army worker may not rescind accord without waiver, subject matter jurisdiction (11th Cir.), 975
Contempt of Congress, director guilty plea, withheld data on hiring IT firm to erase from computers, 522; whistleblowerers urge tough sentence, DOJ will not oppose probation, 871; sentencing delayed, victim impact statement, mandatory prison sentence, 1051
Race and sex bias, black female paralegal fired for being AWOL for 6 months, adverse actions not pretext (D.D.C.), 1437
Disability bias, not necessary to determine whether standards for nurse with multiple sclerosis similar, claim improperly added during trial (4th Cir.), 531
ADR, Tex. police officer, pact procedure, extra points on lieutenant promotions exam (Tex. Ct. App.), 1011
Minimum wage, N.Y.C. public assistance recipient claim, lottery winnings intercepted (2d Cir.), 1189 Poor investment decisions, Ind. teachers' funding claims against former trustees (Ind. Super. Ct.), 266 Retaliation, reporting subordinate's report of co-worker misconduct, free speech, supervisor involvement in union elections (2d Cir.), 464 Sex bias, sexual harassment, and retaliation, N.Y. state park, current threat of imminent, immediate or threatened injury to members (N.D.N.Y.), 220
Accounting, basic economic principles violated, advisers do not know about pension liabilities, 1155
Alaska, actuarial mistakes and concealment, investment consultant accord, shortfalls in public employee system (Alaska Super. Ct.), 778 Bankruptcy, Ch. 9, potential for tidal wave of filings looming, 1081 CalPERS
Investment losses and aging retirees, employer contributions to increase to cover, 745
Revenue shortfall, Cal. governor suggests loan to general fund, 1024 Defined benefit plans, most private industry workers and all state and local workers have alternative plan options, BLS report, 556 Flexible work schedules, arrangements for one reason continued for other benefits, compete with private sector pay, 1440 403(b) plans
See 403(b) PLANS
See 403(b) PLANS
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 Investments, public plans hold more equities than private sector, report, 333 Local Government Employee Retirement Systems Survey, Census Bureau report, FY2008, 401 Pensions, funding will not improve for 5 years, researchers say, report, 426; researchers urge U.S. to provide incentives to reform before bailout needed, 607; financial crisis could continue for decade, must recover tax revenues and increase Medicaid funding, conference, 608; Conn. state workers' coalition disputes report, no need to reform public plans, 815; employers concerned about proposal that employers who cost-share pension plans, duty to report on balance sheets, 1175 Rate of return, economists recommend riskless rate, produces higher liabilities but controls unwise benefit hikes, 748 Retiree health benefits
See RETIREE HEALTH BENEFITS; specific state
Asset rate of return, Brookings paper, 525
Cost cutting, survey, 124
See specific states or types of public employees
Telecommuter Fairness Act Variables controlled, state and local workers paid less than private sector, EPI study, 1092
Benefits
See STATE AND LOCAL EMPLOYEES' COMPENSATION AND RETIREMENT; specific states and types of workers
See STATE AND LOCAL EMPLOYEES' COMPENSATION AND RETIREMENT; specific states and types of workers
Faculty
See FIREFIGHTERS
See 403(b) PLANS
See STATE AND LOCAL EMPLOYEES' COMPENSATION AND RETIREMENT; specific states and types of workers
Police Social Security coverage, greater IRS and SSA oversight to ensure compliance, GAO report, 1182 States and types of public workers
See specific states or types of public employees
Whistleblowers, statutory protections for state workers who report government waste, fraud, and abuse bolstered, analysis, 2009, 644
See also specific states
Audits, advisory panel seeks feedback on draft checklist, 210 Bankruptcy, Ch. 9, potential for tidal wave of filings looming, 1081 Cost cutting, hiring and pay freezes, layoffs, furloughs top list, benefits cut, 124 Education Fiscal position, steady decline due to rising health care costs, GAO report, 270 Health and education services, most residents in Ariz., Cal., Ill., N.Y., and Fla. would pay higher taxes to maintain funding, poll, 1214 Supplemental Appropriations Act, 2010
See also specific states
Ed. Note: This heading is for general or summary stories about trends in state and local laws. For stories about particular states, see specific states. Criminal convictions for sexual misconduct, state and local practices let private and public school hire, GAO report, 1493 Disability bias Whistleblowers, statutory protections for state workers who report government waste, fraud, and abuse bolstered, 2009, analysis, 644
Appointments and personnel changes, Secretary-Treasurer Lucy to retire, 235; executive assistant to McEntee to oppose CSEA president for vacancy, 299; Saunders narrowly elected, 821
Cal., pact attained, pension contributions and benefits, 744; ratified, 909; bills enacting pacts signed, 1025 Child Care Providers Together Mich., home-based child care providers, employee status, applicability of union pact (Mich., rem), 1134; burden of proof, ignore representation election results (Mich. Ct. App.), 1167; (Mich. Ct. App., rev den), 1305 Columbus, Ohio, pact limitations, laid-off workers may bump less senior workers in other units (Ohio Ct. App.), 829 Council 31
Home care workers, organizing, fair share fees, 1st Amend. (N.D. Ill.), 1398
Retaliation, former Ill. corrections captains suggest union leaders conspired with state officials after talks with state workers' union (C.D. Ill.), 218 Council 93, Mass. state worker pact ratifies, 123 DOE, plans for joint national education reform conference on collaboration, 1216 Local 13, furloughs, FLSA preemption, Pa. state workers, 8 Local 31, Ill. pact attained, pay freezes in lieu of layoffs, 125 Local 52, union criticizes Alaska accord with accountants for loss of pension plan personal data, wants identity theft insurance automatically, 298 Local 427, African Am. Pa. streets worker, race bias, no evidence late route sheet, assignment changes, or performance evaluation retaliatory (3d Cir.), 1190 Local 3417, Ill. road workers' right to overtime for attending pre-shift planning, pact no bar (C.D. Ill.), 858 Locals 25, 101, 409, and 1659, Mich. county supplemental retiree life insurance premium change from flat rate to age based, no pact violation (Mich. Ct. App.), 1194 La., constitutional amendment approved, supermajority of legislature to approve state worker retirement changes, opposed, 1303 Md., correctional officers, discipline, more due process rights and alternative appeal process, 555 Mo., workers who care for elderly and disabled people under Medicaid program chose affiliate Mo. Home Care Union, 554 R.I. Council 94, reduction of payments for retiree health benefits after pact end, Contract Clause (D.R.I.), 501 Tax Extenders Act
Advisory Cmte. on Occupational Safety and Health, Yun appointed, 1210
Appointments and personnel changes, Foreign Servs. Impasses Disputes Panel, appointments announced, 1491 Federal pay cap, premium pay while deployed to Iraq exceeded biweekly maximums, waiver, collection not in best interest of U.S. (D.D.C.), 1073 Foreign Service USAID
Disability bias, retaliation, hostile environment, D.C. technology specialist sought work from home after stroke, exhaustion (D.D.C.), 1279
Discipline, Ky. school officials must get actual notice of intent to challenge firing for insubordination and unbecoming conduct (Ky.), 861 Equitable tolling, sexual assault, rural mail carrier, no internal bias charge and no basis for extension (5th Cir.), 105 Fraud, merits of claim for accord, whether newly discovered evidence excuses late filing (Fed. Cir.), 156 Labor law cases pending before Sup. Ct., 99 Lily Ledbetter Fair Pay Act National origin bias, Tex. law executes federal law, definition Ledbetter Act of each paycheck as unlawful practice, professor's claim timely (Tex. Ct. App.), 472 N.J., continuing violations, retaliatory discharge, attorney insights, 283 Pay equity, Lilly Ledbetter Fair Pay Act, time limit tolling applicability to pension checks (EEOC), 1469 Race and sex bias, egregious conduct by counsel, Navy civilian (6th Cir.), 20 Race bias
Discipline and promotions, single filing rule, Kan. police officers' effort to piggyback on another's EEOC charge, timeliness (10th Cir.), 975
Disparate impact, Chicago firefighter applicants challenge 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 Pay, white FAA aircraft inspectors given more work to support, timeliness of black inspector claim for demotion (6th Cir.), 105 Sexual harassment
Competing public policies, arbitration reinstating Cal. supervisor not fired within SEIU pact time limits (Cal. Ct. App.), 1380
N.M. State college lab technician, repeated harassment, acts within limitations period, continuing violations (N.M. Ct. App.), 1377 Policy of promoting or permitting, hostile environment (W.D. Wis.), 52 Prior acts, mental health technician accord for co-worker/union official conduct (Wash. Super. Ct.), 581 Sexual harassment, transportation security officer denied transfer and fired after complaint, retaliation, timeliness (11th Cir.), 1308 Whistleblowing, timeliness of nurse appeal, constructive discharge, equitable tolling for attorney misconduct (Fed. Cir.), 1435
Local 187, duty to represent black member who complained about race bias by Hispanic co-workers and supervisors (N.M.), 860
Strikes
See STRIKES
Workplace, most employers find negative impact on health care costs, attendance, and performance, 846
Cal., Minn., affiliated nurses announce 1 day job action, notice given to S. Cal. and Minneapolis-St. Paul hospitals, 673; TRO barring strike of Univ. of Cal. campus medical centers and clinics issued (Cal. Super. Ct.), 705; preliminary injunction barring Univ. of Cal strike, 779; Minn. pact ratified, strike averted, 818
First Amendment
Houston barring SEIU Local 5 from holding outdoor events to support unconstitutional (5th Cir.), 214
Mass., Boston, state law banning public worker strikes, teachers' union meeting to vote on holding (U.S., rev den), 313 ULP, Or. county privatized mental health services in retaliation for strike after AFSCME pact talks broke down (Or. Ct. App.), 537
College
See specific subject matter
Federal use of private firms
Mandatory topics, Neb. Indus. Rel. Commn. authority to require contract continuation and unused leave payment (Neb.), 895
Tobacco use, mandatory subject, management authority to override, police use in nonpublic areas (Pa.), 980; interest arbitration review, relationship to employment, undue infringement on management duties (rev), 1009
TSP, proposed rules allow administrative subpoenas, delegate authority to general counsel, 97; finalized, 232
ADA
See MASS TRANSIT
Job bias, rate granted outpaces other cases, plaintiffs' lawyers offer insights into getting claims to trial, 832
Age bias, admissibility of me too testimony by other workers with different supervisors, effect of ruling, 137
Appointments and personnel changes, Stevens announces retirement, 425; Kagan sworn in, 939 Attorneys' fees, enhancements in civil rights class action may not be based on factor subsumed in lodestar calculation (aff'd), 333 FEHBP, preemption of Ill. law claims for coverage denial during leave (U.S., app dism), 252 First Amend., Mass. law banning public worker strikes, Boston teachers' union meeting to discuss strike (U.S., rev den), 313 4th Amend., alcohol testing, NYPD breathalyzer policy after firing guns (rev den), 1258 Free speech
Official duties, petitioning government in grieving firing, immunity from retaliation claims, damages (rev grant), 1225
Retaliation, N.Y.C. teacher grievance to challenge unruly student discipline, official capacity (rev den), 1257 Labor law cases pending, 99 Pay equity, nurse practitioners sex bias claim for pay differential (rev den), 1198 Privacy
Background checks for nonsensitive contract jobs, drug treatment and references, NASA right to investigate long-term low-risk JPL contractors (oral arg), 1196
4th Amend., Cal. police sergeant privacy rights to city-provided text messages (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
Attorneys' fees, La. city police chief applicant whose §1983 claims dismissed, state claims prevail (rev grant), 1314
Disparate impact, Chicago firefighter applicants challenge entrance exam, timeliness (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 Underfilling, New Haven Fire Dept. practice favored nonminorities (Conn.), 12; case may make intentional bias proof easier, 414; 2003 lieutenant promotional exam, disparate impact on black candidates (D. Conn.), 593; impact limited, applicability to private sector, Analysis and Perspective, 1409 Sex bias, 11th Amend., Alaska law abrogation of 14th Amend claims protection (rev den), 81
Electronic
See specific subject matter
Disability bias, FPS criminal investigator claim for impermissible questions about mental health and treatment, retaliation (S.D. Cal.), 653
Drunk driving, hearing examiner reduced assistant police chief's suspension, authority exceeded, new hearing required (Tex.), 379 Just cause, factors to analyze whether Seattle police officer suspension in good faith (Wash. Ct. App.), 689 Race bias, African Am. SSA worker discipline for approving fraudulent payments, disparate treatment (Arb.), 796 Sex bias, admissibility of arbitral awards discretionary, railroad evidence of breast grabbing (E.D.N.Y.), 1438
See H1N1 VIRUS
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