Human Resources Report Index-Summary

OBESITY

– Weight bias, NYC law firing claim revived (2d Cir.), 521

OCCUPATIONAL SAFETY AND HEALTH

– Administration

See OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

– Bed bug infestations, employer preventive steps, 949
– Cellular phone usage while driving, survey, 288
– Fatalities

– Health care workers, hazardous jobs, OSHA's Barab urges more improvements, 1250
– Kidnapping threat for overseas workers, risk management strategy, 1237
– Legislation, political implications, public attitudes, report, 943
– Literacy level impact on, study, 858
– Pilots, safety and training improvements

See PILOTS

– Swine flu

See generally H1N1 VIRUS

– Texting

See TELECOMMUNICATIONS

OCCUPATIONAL SAFETY AND HEALTH (OSH) ACT

– Ergonomics, general duty clause, enforcement on, 373; modest citations proposed, 1390
– Miner Safety and Health Act

See LEGISLATION, FEDERAL, HR 5663, S 3671

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

– Administration, 2011 budget proposal, program cuts, 130
– Enforcement

– – Combustible dust, sugar refinery explosion, settlements (OSHRC), 738
– – Egregious citations, labor, industry offer differing views on use, 215
– – Gulf Coast oil spill

See OIL AND GAS

– – Injury and illness prevention programs, options considered, 47; launch, 76; Michaels voices support, 103; DOL semiannual regulatory agenda, 467; stakeholder meeting, 467; OSHA to study Cal. rule, 514; stakeholder differing views, 634; recordkeeping modernization proposal, comments, 751; options examined, 830; data collection proposal includes survey, site visits, 901; SBREFA review, 998; rule Natl. Safety Council top priority, 1054; development still priority, Michaels says, 1112; Nov. or Dec. release date, 1216; SBREFA panel rulemaking overview, 1362
– – Inspections, high-hazard workplaces

– – – FY2010 plan announcement, 1167; Obama admn. dramatic change in course, report, 1362
– – – Site-Specific Targeting, 2010 plan, 935

– – Mine safety reform

See LEGISLATION, FEDERAL, HR 5663, S 3671

– – Natl. Emphasis Programs

– – – Delay, target criteria readjustment, 886; revised recordkeeping directive, 1103
– – – Microwave popcorn, primary metals, isocyanates, 1103

– – Nurse Protection Act

See LEGISLATION, FEDERAL, S 1788

– – Penalties

See generally PENALTIES

– – PPACA, Solis issues executive orders, 962
– – PPE

See PERSONAL PROTECTIVE EQUIPMENT (PPE)
– – – Medical

See MEDICAL EQUIPMENT AND SUPPLIES

– – Protecting Am.'s Workers Act

See LEGISLATION, FEDERAL, HR 2067, S 1580

– – Refinery safety management systems, indicators need improvement, Barab tells conferees, 578
– – Respiratory protection, medical records, training, rule revisions proposed, 738
– – Severe Violators Enf. Program, draft directive on criteria, inspections, 354; lawyers object, 410; unveiled, 466; launched, 682
– – SHARP status, inspections proposed, 969
– – State-run programs, evaluation report, 1054; development of better criteria urged, conference, 1111
– – Voluntary Protection Program (VPP)

– – – Bill

See LEGISLATION, FEDERAL, S 3257

– – – Fee-based proposal protested, 911
– – – On-site consultations, impact on small firms, GOP letter, 1276
– – – Outlook, Michaels voices support, 1032

– – Whistleblower program, top-to-bottom review, changes, 522
– – Willful citations, penalties, Michaels support, HELP panel hearing, 467

– Rules and regulations

– – Bloodborne pathogens, comments sought to review need, 513
– – Bridge construction, steel erection standard includes FHWA requirements, 579
– – Cranes and derricks, final rule, 824
– – Ergonomics

See ERGONOMICS

– – Fall protection, PPE standards, revisions proposed, 578
– – Hazard communication, hearings, 18
– – Hazardous substances

See HAZARDOUS SUBSTANCES

– – High injury rates, notices, assistance, 271
– – Hospitals, resident physicians duty hours, regulation, 970
– – Musculoskeletal

See MUSCULOSKELETAL DISORDERS

– – Noise exposure in construction, general industry, 1137; comment period extension, 1275; proposal impact on manufacturers, letter, 1391

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION (OSHRC)

– Appointments and personnel changes, member, Attwood confirmed, 179
– Case activity, open government web page, 130
– Combustible dust, sugar refinery explosion, settlements (OSHRC), 738

OCSLA

See OUTER CONTINENTAL SHELF LANDS ACT (OCSLA)

ODEP

See DISABILITY EMPLOYMENT POLICY OFFICE (ODEP)

OFCCP

See FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE (OFCCP)

OFF-DUTY CONDUCT

– Smoking, employer no-hire policies, privacy, bias issues, att'y discussion, 1338

OFF-THE-CLOCK WORK

– Call center workers, overtime class settlement (W.D. Wis.), 656
– Overtime, K-9 dog care and training (E.D Tenn.), 833
– Total employer control, FLSA claim for post-shift pay, Cal. claim for commute pay (9th Cir.), 273

OFFICE ROMANCE

– Job security, impact, survey, 191

OFFSHORE OUTSOURCING

– Creating Am. Jobs and Ending Offshoring Act

See LEGISLATION, FEDERAL, S 3816

OHIO

– Race bias, retaliation, no supervisor joint and several liability under state law (6th Cir.), 492
– Workers' comp calculations, moonlighting pay inclusive (Ohio), 665

OIL AND GAS

– BP

– – Cash balance conversion, opening balance calculations, 8 percent interest rate not “excessive” (E.D. Ky.), 637
– – Deepwater Horizon oil spill, OSHA involvement, NIOSH head discusses, conference, 1250

– Fiduciary breach, ERISA stock drop suit (N.D. Ill.), 712
– Gulf Coast oil spill

– – British Petroleum

See BP, this heading

– – Cleanup workers, reported hazards, illnesses, OSHA briefing, 606; OSHA distributes training, safety facts, 550; DOL, EPA enforcement urged to protect workers, 634; long-term health effects, House hearing, 663; NIEHS study, 912

– OCSLA, contractors' mutual indemnity provisions void under La. law (U.S., rev den), 627
– Refinery explosion, record fine, OSHA accord, 876
– Speedway SuperAmerica, serious misconduct, UI benefits denial (Minn. Ct. App.), 568
– Standard Oil of Conn., FLSA retaliation, pay structure change after complaints, pretext (D. Conn.), 580
– Worker safety, OSHA applauded despite unclear jurisdiction, 1026

OKLAHOMA

– Conscience law bans bias against anti-abortion health care workers, 377
– Immigration law, application of E-Verify rules, bias, and tax provisions to state contractors (10th Cir.), 122
– Texting, driver ban, 97

OLDER WORKERS

– Bias against, ADEA

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Centenarians, contest, nomination deadline, 92
– Professional, scientific, and technical services, recruitment and retention challenges, 947
– Retirement

See RETIREMENT

– Unemployment, long-term

– – Age bias, other factors debated, Civil Rights Comm'n hearing, Special Report, 669
– – Rates higher among workers over 45, report, 639

– Working in retirement, report, 1116

OLMS

See LABOR-MANAGEMENT STANDARDS OFFICE (OLMS)

OREGON

– Credit history checks, House votes to bar, 209; signed, 348; implementation, 685
– Disabilities, medical marijuana, federal drug law preempts state accommodation law (Or.), 433; analysis, 481; correction, 516
– Minimum wage hike, 1019
– Multnomah County, FMLA, front pay award in lieu of reinstatement, judge's discretion (9th Cir.), 243
– Tip pooling with waiters and kitchen staff, FLSA application (9th Cir.), 217
– Vacation leave, overtime, termination pay, Wal-Mart, consolidated class settlement (D. Or.), 599

ORGANIZING

– Contractor costs, ban on federal reimbursement, proposed FAR rule, 399
– Employee Free Choice Act (EFCA)

– – Check authorization, NLRA amendment

– – – Bills

See LEGISLATION, FEDERAL, HR 1409, S 560

– – – State referendum to restrict, Ariz., S.C., S.D., Utah voters approve, 1187

– – GOP agenda inclusion unlikely, 1200
– – Obama vow to continue fighting, AFL-CIO meeting, 845

– Representation elections

See REPRESENTATION ELECTIONS

– Shareholder activism, unions use of corporate campaigns to achieve goals, Chamber panel discussion, 165

OSHA

See OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA)

OSHRC

See OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION (OSHRC)

OUTER CONTINENTAL SHELF LANDS ACT (OCSLA)

– Pac. Operations Offshore, LHWCA, injured oil rig worker (9th Cir.), 609
– Seacor Marine, contractors' mutual indemnity provisions void under La. law (U.S., rev den), 627

OVERTIME

– Administrative exemption

– – Auto damage insurance claims adjusters (D.C. Cir.), 19
– – Crane dispatcher, salaried (11th Cir.), 635
– – Loan underwriting production work not qualified (U.S., rev den), 485
– – Magazine advertising sales, FLSA application (2d Cir.), 78
– – Restaurant bookkeeper affirmative defense waiver (11th Cir.), 1363
– – Staffing agency recruiter, account recruiting manager, 3-part test (D. Md.), 440

– Airport shuttle drivers exemption under MCA (11th Cir.), 1027
– Arbitration, individual FLSA claims, waiver of class actions (D. Conn.), 78
– Bank loan processors, consolidated suit (N.D. Cal.), 712
– Bank tellers, consolidated FLSA, Cal., Wash. law complaint, class status (D. Kan.), 625
– Building maintenance worker proves employee status (N.D. Ill.), 1169
– Cable installers, joint-employer status (D. Md.), 1056
– Cal., software firm class certified (Cal. Super. Ct.), 1129
– Call center workers, class settlement approval (W.D. Wis.), 656
– Class arbitration waiver unconscionable, unenforceable (U.S., rev den), 36
– Creative professional exemption, Chinese newspaper reporters (9th Cir.), 1055
– Diversity jurisdiction, corporate citizenship, “nerve center” test defines “principal place of business” (U.S., rvs and rem), 204
– Donning and doffing

See CLOTHES CHANGING

– Evidence, technician without work hours records (M.D. Fla.), 244
– Executive exemption

– – Service manager job duties within scope (S.D. Fla.), 1252
– – Supervisor classification (Cal. Ct. App.), 1364

– Garment workers' FLSA, N.Y. win, joint employer status affirmed (2d Cir.), 915
– “Highly compensated exemption” recruiter lacked other requirements for FLSA-exempt status (D. Ariz.), 747
– Home theater installers' claims against joint/successor employer (S.D. Tex.), 1197
– “Incidental to air travel,” motor carrier exemption bars FLSA claims (U.S., rev den), 374
– Legal services access to pursue claims, DOL-ABA initiative, 1269
– Off-duty time, K-9 dog care and training (E.D Tenn.), 833
– Or., Wal-Mart, consolidated class settlement (D. Or.), 599
– Pa., law class actions, FLSA collective action compatibility, brief filed (3d Cir.), 95
– Per diem pay included in “regular rate” of pay for FLSA award (5th Cir.), 607
– Pharmaceutical sales reps

– – Class actions, trends, cost avoidance, BNA Insights, 1087
– – GlaxoSmithKline, appeal (9th Cir., brief filed), 901
– – “Outside sales” or administrative exemption application (2d Cir.), 746
– – Strategic planning duties (3d Cir.), 131

– Retail, assistant store managers, global settlement (D.N.J.), 122
– Retail commission exception, weight loss firm salespeople eligibility (3d Cir.), 999
– Sales calls, marketing plans, account rep subject to sales and combination exemptions (7th Cir.), 328
– Strip club policies violate FLSA, dancers collective action (S.D.N.Y.), 1159
– Telecom cable splicer independent contractor (5th Cir.), 859
– Tools and materials, FLSA enterprise coverage, interstate inquiry (11th Cir.), 972
– Total employer control, FLSA claim for post-shift pay, state claim for commute pay (9th Cir.), 273
– “Typical” mortgage loan officer, FLSA rights, WHD Interpretation, 317
– University enrollment counselors, FLSA collective action (E.D. Pa.), 581