Labor Relations Reporter; News and Background Index

FAIR CREDIT REPORTING ACT (FCRA)

– Case summaries, 372

FAIR LABOR STANDARDS ACT (FLSA)

– Case summaries, 38
– Child labor

See CHILD LABOR

– Donning, doffing

See CLOTHES CHANGING

– Minimum wage

See MINIMUM WAGE

– Overtime

See OVERTIME

– Public workers, no overtime liability in letting workers in same job class substitute for one another, DOL opinion letter, 446

FALSE CLAIMS ACT (FCA)

– Case summaries, 110; 372; 469

FAMILIAL STATUS DISCRIMINATION

– Case summaries, 295; 487

FAMILY AND MEDICAL LEAVE

– Federal Employees Paid Parental Leave Act

See LEGISLATION, FEDERAL, HR 5781

– Line-of-duty injuries, OFCCP proposes rule on leave for servicemen's family, 418

FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Achievements and next steps, DOL should scrap proposed changes, Congress should expand benefits, witnesses tell House panel, 495
– Case summaries, 155; 155; 207; 207; 299; 350; 397; 444; 493; 493; 494
– Grievances, complaint signed by union official after worker fired for submitting falsified doctor's certificate arbitrable (Arb.), 118
– Interference, service manager fired after notifying supervisor of need for bypass surgery may pursue claim (3d Cir.), 86
– Medical certification process and serious health condition, DOL publishes proposed rule changing, 253
– Notice, DOL rule requiring telling workers when leave counted valid, corrections worker prejudiced by La. sheriff violation (5th Cir.), 86
– Serious health condition, worker unable to work when taking narcotics for migraines improperly fired for doing lawn care during leave (Arb.), 258

FARMS AND FARM PRODUCTS

See AGRICULTURE

FCA

See FALSE CLAIMS ACT (FCA)

FCRA

See FAIR CREDIT REPORTING ACT (FCRA)

FEDERAL AVIATION ADMINISTRATION (FAA)

– Fair Treatment for Experienced Pilots Act

See LEGISLATION, FEDERAL, HR 4343

FEDERAL BUDGET

See BUDGET, FEDERAL

FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE (OFCCP)

– Affirmative action, more uniform approach to pay equity, guidance on accessibility of online applications and electronic recordkeeping planned, 344
– Current initiatives, priorities discussed, ABA conference, 418
– Hiring, employers must take steps to ensure tests are valid, officials say, 393; more written tests, criminal background checks, and credit checks to screen applicants causing more scrutiny for bias, 420
– Race and sex bias, aircraft components maker to pay back pay to applicants for disproportionately eliminating black and Asian men, accord (N.D. Tex.), 467

FEDERAL CONTRACTS AND CONTRACTORS

– Case summaries, 37; 37; 297; 435
– Sexual harassment, provider of DHS administrative workers to pay damages for hostile environment, EEOC accord (W.D. Pa.), 61

FEDERAL EMPLOYEES

– Age bias, ALJ improperly dismissed claims by air traffic controllers where recruitment had adverse impact on older workers (EEOC), 133
– Case summaries, 10; 31; 130; 183; 227; 246; 324; 342; 423; 439; 441; 488; 493
– Christmas Eve, E.O. gives paid holiday, 56
– CPSC Reform Act

See LEGISLATION, FEDERAL, S 2663

– Disability bias

– – Ed. Dep't EEO specialist must show bias was motivating factor in firing (5th Cir.), 34
– – Processing complaints from EEOC workers, proposed change would change term handicap to disability, 276

– Federal Employee Protection of Disclosures Act

See LEGISLATION, FEDERAL, S 274

– Federal Employees Paid Parental Leave Act

See LEGISLATION, FEDERAL, HR 5781

– FY2008 funding, BLS hiring frozen, reports eliminated or scaled back, and CPI improvement postponed to address shortfall, 160; correction, 190
– Hispanics, number rose in past year but agencies need to use recruitment and retention strategies to ensure diversity, OPM report, 81
– Sign language interpreters, agencies sending workers to private training sessions must provide, EEOC opinion letter, 36
– Social Security numbers, OPM proposed rule restricts use to protect workers and combat identity theft, 229
– Targeted disabilities, agencies fall short, percentage of blind, deaf, and other impairments declined in FY2006, EEOC report, 153
– Veterans, hiring increased despite decrease in number of workers overall, OPM report, 2006, 20

FEDERAL MEDIATION AND CONCILIATION SERVICE (FMCS)

– Budget, FY2009 request more than FY2008 funding, 221
– Work stoppages, FMCS report, FY2007, 460

FEDERAL PREEMPTION

See PREEMPTION

FEDERAL RESERVE BOARD (FRB)

– Economic growth, Beige Book report, year-to-date, 498
– Industrial productivity

See PRODUCTIVITY

– Labor force participation rate, next 10 years, 190

FEES

– Agency

See AGENCY FEES

FIDUCIARY DUTY

– Trade secrets, workers who disclosed confidential data to profit from sale of consulting firm must pay damages (5th Cir.), 14

FINANCIAL INSTITUTIONS

– Case summaries, 207; 228; 471; 494
– Fidelity Nat'l Info. Servs., database administrator pled guilty to theft and sale of personal data of consumers (M.D. Fla.), 18
– Minorities and women, number increased slightly, witnesses tell house panel on diversity issues, 247
– SunWest Fed. Credit Union, workers harassed by manager and fired for complaints get damages, EEOC accord (D. Ariz.), 80

FINES

See PENALTIES

FIREARMS

– Fla., bill barring employers from barring licensed workers from keeping in locked vehicles at work approved, 471

FIREFIGHTERS

– Case summaries, 298
– Colo., Tuhlequah, firefighter fired after exhausting leave and unable to work due to respiratory problems may not grieve workers' compensation (Arb.), 358

FIRST AMENDMENT

– Agency fees, charging nonmembers for litigation expenses in representation activities of union parent did not violate free speech or association (U.S., rev grant), 284
– Case summaries, 3; 75; 183; 422; 438
– Free speech

See FREEDOM OF SPEECH

– Right to petition, NLRB issues guidance after decision that bringing reasonable but unsuccessful suit lawful even if retaliation for protected activity, 126

FLIGHT ATTENDANTS

See AIR TRANSPORTATION

FLORIDA

– Case summaries, 207
– Firearms, bill barring employers from barring licensed workers from keeping in locked vehicles at work approved, 471

FLSA

See FAIR LABOR STANDARDS ACT (FLSA)

FMCS

See FEDERAL MEDIATION AND CONCILIATION SERVICE (FMCS)

FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

FOOD AND COMMERCIAL WORKERS (UFCW)

– Case summaries, 99; 387; 435; 483
– Local 227, Kroger pact ratified, 486
– Local 1625, Mosaic Fertilizer pact ratified, 9
– RWDSU affiliate

See RETAIL AND WHOLESALE WORKERS (RWDSU)

FOOD PRODUCTS

– Beverages

See BEVERAGE INDUSTRY

– Case summaries, 51; 136; 195; 207; 397
– Food stores

See GROCERY STORES

– Meatpacking

See MEATPACKING

– Poultry plants

See POULTRY PROCESSING

– Turkey Hill Dairy, worker fired after same-sex harassment complaints about male co-workers gets damages, EEOC accord (E.D. Pa.), 321

FOOD SERVICES

– Albion River Inn, Arab Am. manager fired for standing up for waiter verbally harassed by customer gets damages, EEOC accord (N.D. Cal.), 320
– Captain D's, server's suite for rape by supervisor not covered by arbitration clause in application (U.S., rev den), Special Report, 381
– Case summaries, 10; 150; 151; 251; 277; 350; 415; 441
– Pyramid Breweries, brew pubs owners will pay to settle suit for failure to provide meal and rest breaks (Cal. Super. Ct.), 496
– Starbucks, barristas required to pool tips with supervisors get restitution (Cal. Super. Ct.), 398

FOREIGN LABOR

See INTERNATIONAL LABOR; INTERNATIONAL LABOR ORGANIZATION (ILO)

FORMS

– T-1, DOL proposed rule would require unions to file annual financial reports for trusts formed for members' benefit, 340

FOURTH AMENDMENT

– Case summaries, 422

FRAUD

– Case summaries, 38; 184; 277; 277; 291
– False Claims Act

See FALSE CLAIMS ACT (FCA)

– Federal Employee Protection of Disclosures Act

See LEGISLATION, FEDERAL, S 274

FRB

See FEDERAL RESERVE BOARD (FRB)

FREEDOM OF SPEECH

– Agency fees, no 1st Amend. violations in charging nonmembers for litigation expenses in representation activities of union parent (U.S., rev grant), 284
– Case summaries, 135; 136; 227; 325; 372; 470

FUNERAL HOMES AND CEMETERIES

– Case summaries, 277