Human Resources Report Index-Summary

MACHINISTS (IAM)

– Legislative conference, Harkin on EFCA passage priority, 513

MAIL

– Electronic

See E-MAIL

MAINTENANCE WORKERS

– Buildings

See BUILDING SERVICES

– Roads

See HIGHWAY CONSTRUCTION

MANAGED CARE

– Cal., costs shifting to workers, 14

MANAGERS

– Executives

See EXECUTIVES

– Overtime, executive exemption

See OVERTIME

– S. Korea, hiring women, multinational firms' profitability, study, 1118
– Supervisors

See SUPERVISORS

MANDATORY ARBITRATION

– ADEA, accord binding, costs provision severable (10th Cir.), 1251
– ADR attorneys debate pros and cons of agreements, 918
– Arbitration Fairness Act

See LEGISLATION, FEDERAL, HR 1020, S 931

– Class arbitration, waivers

– – Cal. law invalidation, FAA preemption (U.S., rev grant), 569; Supreme Court docket, 1069; (oral arg), 1213
– – Overtime, unconscionable, unenforceable (U.S., rev den), 36

– Cost-splitting provision, inability to pay, enforceability, remedy (N.Y.), 386
– Employee Free Choice Act (EFCA)

See LEGISLATION, FEDERAL, HR 1409, S 560

– Enforcement, unconscionability, court or arbitrator decision under state law (U.S., rev grant), 65; (oral arg), 453
– FAA

– – Breach of contract, doctor's claim (W.D. Ky.), 834
– – Preemption, enforcement bar (W.D. Ky.), 133

– FMLA, Title VII claims, ADR denials not waiver, no bypass (D. Colo.), 218
– One-sided pact, severability, bias claims reinstated (3d Cir.), 664
– Overtime, arbitration as individual, waiver of class actions (D. Conn.), 78
– Race and sex bias, pact enforceability, severance precluded (3d Cir.), 328
– Sexual harassment, retaliation, waivers render agreement enforceable (2d Cir.), 187
– SOX lawsuit stayed in favor of arbitration, 5-month enforcement delay not waiver (10th Cir.), 440
– State law bias, tort claims, arbitration enforced despite contract of adhesion (N.D. Cal.), 581
– Title VII claims, DOD rule bars, 570; proposed rule, 1298; final rule, 1327
– Waiver of right to sue not knowing or voluntary, claim revived (6th Cir.), 468

MANUFACTURING

See also specific industries
– Am. Railcar Indus., sexual harassment, retaliation, firing months after complaint (8th Cir.), 520
– Cal-W. Packaging, ADEA, firing for sexual harassment based on reasonable belief, good faith, comment stray remark (5th Cir.), 268
– Caterpillar, fiduciary breach, final approval of 401(k) class settlement (C.D. Ill.), 902
– CCX, severance pay eligibility (4th Cir.), 802
– Deere

– – ERISA, excessive fees, disclosure, 401(k) plan participants (U.S., rev den), 65
– – Race bias, lifting restriction, promotion/reinstatement denial (U.S., rev den), 432

– Duro-Test, plant closing, adequacy of class counsel, recertification denial remanded (3d Cir.), 608
– Economic recovery

– – Joint Economic Comm. (JEC) report, 2010 first half, 863
– – President's Council of Econ. Advisors, annual report, 190

– Elec. Boat., sexual harassment, boss's threats to “choke” or “kill,” secretary claim revived (2d Cir.), 744
– Exide Techs., FMLA, refusal to reinstate, inability to perform job (D. Kan.), 1138
– Graphic Packaging Holding, overpayment, restricted stock units (RSUs), CEO retirement date not recoverable (11th Cir.), 1252
– Growth, corporate tax cuts, regulatory burdens, EFCA opposition, NAM report, 722
– Hi-tech employment, 2010 1st half, TechAmerica report, 1002
– J. Picini Flooring, ULPs, electronic posting of notices, policy adopted (NLRB), 1157
– JohnsonDiversey, ERISA, lump-sum pay, whipsaw calculation claim allowed, backloading defeated (E.D. Wis.), 356
– McWane, clothes changing, custom or practice pay exclusion where pact silent (5th Cir.), 50
– Monsanto, ERISA, cash balance plan interest credits not covered benefit accruals (7th Cir.), 847
– Newell Window Furns., CBA entitlement of free lifetime retiree health benefits (W.D. Mich.), 776
– NIBCO, national origin bias, discriminatory juror strikes, verdict reversal (9th Cir.), 381
– Noise protection, OSHA rule revision, 1137; comment period extension, 1275; proposal impact on manufacturers, letter, 1391
– Pregis Innovative Packaging, FMLA time threshold unmet, statutory tolling rejected, firing under no-fault attendance policy lawful (7th Cir.), 385
– Restoration, AFL-CIO Exec. Council adopts statement, 894
– Saint-Gobain Performance Plastics, whether oral complaints protected activity under FLSA retaliation clause (U.S., rev grant), 316; Supreme Court docket, 1069; (oral arg), 1097
– S.C. Johnson & Sons, ERISA, lump-sum pay, whipsaw calculation claim allowed, backloading defeated (E.D. Wis.), 356
– Site-Specific Targeting 2010, OSHA inspection plan, 935
– Solo Cup, Md., Mass., Mo. plant closures, job cuts, 628
– Sutphen, FMLA interference, missing medical certification not “incomplete,” cure demand unreasonable (S.D. Ohio), 495
– 3M, retirees notified of switch to HRAs, 1133
– Whirlpool

– – National origin, racial harassment, insubordination, Congo native claim (10th Cir.), 1274
– – Pension funding, PBGC bond, 12

– Worthington Cylinders, age bias, willfulness in firing (6th Cir.), 856

MARITAL STATUS DISCRIMINATION

– Minn. HRA, firing after spouse's resignation, claim revived (Minn. Ct. of App.), 470

MARITIME INDUSTRY

– James Marine, pregnancy bias, ADA, transfer claim revived, not discharge (6th Cir.), 909
– OCSLA

See OUTER CONTINENTAL SHELF LANDS ACT (OCSLA)

– Shipyards

See SHIPYARDS

MASS LAYOFFS

See LAYOFFS

MASS TRANSIT

– NTSAA

See NATIONAL TRANSIT SYSTEMS SECURITY ACT (NTSSA)

– Texting, ban for bus drivers, DOT rules pending, 94; final rules, 1018

MASSACHUSETTS

– Dept. of Public Health, race bias, jury instructions challenge (1st Cir.), 799
– Disabilities, “illegal inquiry” claim (1st Cir.), 691
– Health insurance

– – Employer coverage increase, 2009, survey, 153
– – Expansion law decisions, applicability to national law, analysis, 358
– – Purchasing pools, bill approval, 880
– – Residents, 2010 coverage levels record high, 1386

– Independent contractors, delivery driver misclassifications, settlement, 794

MEAL BREAKS

See BREAKS, MEAL AND REST

MEATPACKING

– Donning and doffing of protective gear, FLSA compensability, WHD Interpretation, 653
– JBS Swift, race, religious, national origin bias (D. Colo., D. Neb.), 933
– Tyson Fresh Meats, sex bias in hiring, OFCCP administrative complaint, 1017

MEDIA

– Broadcast

See BROADCASTING INDUSTRY

– Newspapers

See NEWSPAPERS

MEDICAID

– Accessibility bill

See LEGISLATION, FEDERAL, HR 3962

– Mich., whistleblowing fraud report linked to resignation (W.D. Mich.), 442
– Model notice for employers, DOL issued, 124; public comments sought, 377

MEDICAL CENTERS

See HOSPITALS

MEDICAL EQUIPMENT AND SUPPLIES

– Astro-Med, noncompete pact breach, contract interference, trade secrets misappropriation (D. R.I.), 219
– Fit-tested respirators

– – Cal. Pub. Health Dept. guidance for health care workers, 1222
– – Penalties, OSHA per-employee citations authorized (D.C. Cir.), 439

– Guidant, ERISA fiduciary breach, stock drop settlement (S.D. Ill.), 320
– Healthworks Home Med., moonlighting driver entitlement to UI benefits (Minn. Ct. App.), 1224
– Linvatec, severance pay, numerosity, ERISA class decertified (N.D.N.Y.), 693
– Medtronic, stock drop case, dismissal on standing and pleading grounds (8th Cir.), 1393

MEDICAL EXAMINATIONS

– Fitness-for-duty test, FMLA retaliation, dispatcher lacks claim (8th Cir.), 745

MEDICAL INFORMATION

– Personal health records, Intel, Pitney Bowes offer web option, 238

MEDICAL RECORDS

– Personal health records, Intel, Pitney Bowes offer web option, 238

MEDICAL TECHNOLOGY

– Boston Scientific, ERISA fiduciary breach, stock drop settlement approved (D. Mass.), 905

MEDICARE

– Accessibility bill

See LEGISLATION, FEDERAL, HR 3962

– PPACA

– – Cuts could raise costs for large employers, analyst identifies offsets, 629
– – Reimbursement rate cuts, employers' post-reform cost increases, 461

– Prescription drug benefits, health care reform effects, report, 13

MEETINGS

See CONFERENCES AND MEETINGS

MEMBERSHIP IN UNION

– BLS data, 2009, 89
– Canada, HRSD Canada report, 54
– Organizing

See ORGANIZING

MENTAL HEALTH

– Rosa's Law

See LEGISLATION, FEDERAL, HR 4544, S 2781

MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT (MHPAEA)

– Employee assistance plans, 1162
– Implementation, DOL, Treas., HHS, interim final rule issuance, 97; released, 2010 application, 121; compliance, plan design improvements, 125; managed care group's suit (D.D.C.), 373; providers, business groups seek changes in interim final rule, 487; notice and comment period, good cause to forgo (D.D.C.), 685; DOL guidance posted, 740; challenges for health benefit plan sponsors, Special Report, 1314
– Stricter state laws, no preemption, pointers from Treas. Dep't official, 265

METALS AND METAL PRODUCTS

– Noise protection, OSHA rule revision, 1137; comment period extension, 1275; proposal impact on manufacturers, letter, 1391

MHPAEA

See MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT (MHPAEA)

MICHIGAN

– Disabilities bias, disparate treatment, accommodation, epileptic bank teller's claims (E.D. Mich.), 1303
– Mandatory arbitration, waiver of right to sue not knowing or voluntary, claim revived (6th Cir.), 468
– Whistleblowing

– – Internal protests without proof of intent to report to public body (6th Cir.), 104
– – Medicaid fraud report linked to resignation (W.D. Mich.), 442

MILITARY LEAVE

– USERRA

See UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

MINE SAFETY AND HEALTH ADMINISTRATION (MSHA)

– Reform bill

See LEGISLATION, FEDERAL, HR 5663, S 3671

MINIMUM WAGE

– Legal services access to pursue claims, DOL-ABA initiative, 1269
– Service manager job duties within FLSA executive exemption (S.D. Fla.), 1252
– State and local laws

See specific states

– Statistics, 2009, BLS report, 266
– Strip club policies violate FLSA, dancers collective action (S.D.N.Y.), 1159
– Tools and materials, FLSA enterprise coverage, interstate inquiry (11th Cir.), 972

MINING

– Homestake Mining, N.M., toxic tort, but-for causation requirement (10th Cir.), 1000
– Kennecott Holdings, race bias, threats against co-workers, no pretext (10th Cir.), 662
– Leadership, firms urged to adopt “mineful” approach, 1268
– Mountain Coal, regarded as disabled, class of jobs, insufficient evidence to support jury finding (U.S., rev den), 92
– Shoal Creek Drummond Mine, sexual harassment, prompt remedial action precludes liability (11th Cir.), 1248

MINNESOTA

– Marital status bias, termination after spouse's resignation, claim revived (Minn. Ct. of App.), 470
– Unemployment insurance

– – Firing for serious misconduct, denial (Minn. Ct. App.), 568
– – Moonlighting driver entitlement to benefits (Minn. Ct. App.), 1224
– – Pornography viewing at work, city worker ineligible (Minn. Ct. App.), 1224

MINORITIES

– Law firms, representation decline, report, 1255

MISCONDUCT

– Bribery and corruption, multinational firms, DOJ focus, 117
– Discrimination

See specific types of discrimination or harassment

– Drug and alcohol abuse

See DRUG AND ALCOHOL ABUSE

– Photos posted on Internet, fire dep't policies violated (11th Cir.), 241
– Pornography viewing at work, UI benefits denial (Minn. Ct. App.), 1224
– Threats

See THREATS

– Violence

See VIOLENCE

MISSOURI

– Age bias, fired manager's showing of “contributing factor” causation raises jury issue (E.D. Mo.), 493

MONITORING

– Electronic

See ELECTRONIC MONITORING

– France, video surveillance, CNIL enforcement order, 585

MOONLIGHTING

– Unemployment insurance, driver entitlement to benefits (Minn. Ct. App.), 1224

MORTGAGES

– Fannie Mae, ERISA, fiduciary breach, ESOP stock-drop settlement (D.D.C.), 628
– Overtime, FLSA rights for “typical” loan officer, WHD Interpretation, 317

MOTOR CARRIER ACT (MCA)

– Overtime, airport shuttle drivers exemption (11th Cir.), 1027

MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA)

– Commercial drivers

– – Text messaging ban, 1018
– – Use while driving ban, 1384

MOTOR VEHICLES

– Business mileage rate, 2011, 1329
– Employee personal use, IRS valuation rules, 72
– Manufacturing and sales

See AUTOMOTIVE INDUSTRY

MSDs

See MUSCULOSKELETAL DISORDERS

MULTIEMPLOYER PLANS

– Diversification of defined contribution plans investments, effect of IRS final rules, 543
– Financial reports upon request, DOL final rule, 237
– Form 5500 reporting rules, funding relief, IRS notice, 850; guidance released, 1296
– Funding disclosures, FASB proposal raises concerns, 1049
– PBGC extension of notice and reporting rules, comments sought, 1244
– Underfunding, daily civil penalty, DOL final rule, 207

MULTIPLE EMPLOYER WELFARE ARRANGEMENTS (MEWAs)

– PPACA, expanded rule enforcement, Borzi comments, 1107

MUSCULOSKELETAL DISORDERS

– Recordkeeping, OSHA

– – Ergonomics rulemaking concerns, 18
– – Log, restoration proposal, 94; comment period extension request, 231; differing views debated, hearing, 270; injury classification concerns, 291; labor, industry comments, 383; final rule, last stage, 663; draft final rule, 768; rule sent for OMB review, 830; extension, 1111
– – Rules and definitions, WFS 17 (3/29/10)