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Employment Law Resources


Arbitration

     "Arbitration of employment claims - an overview," presented at the ABA annual meeting (Aug. 2002). [Ms-Word format]

Aviation Security

     Antiterrorism -- Skymarshal Program: Dept. of Homeland Security, Office of Inspector General, "Evaluation of the Federal Air Marshal Service," August 2004, 56 pages, PDF format). The report chronicles how federal air marshals have slept on the job, tested positive for alcohol or drugs while on duty, lost their weapons and falsified information.

     Aviation security -- job effectiveness: "Efforts to Measure Effectiveness and Strengthen Security Programs," Government Accounting Office Testimony, Document GAO-040285T (Nov. 20, 2003). [PDF]

     Aviation security: "TSA Oversight of Checked Baggage," U.S. Government Accountability Office Report GAO-06-869.

Background Checks

     Background checks -- Merit Systems Protection Board report: "Reference Checking in Federal Hiring" (2005).

Bargaining

     Bargaining Agreements: Article: "One Bite of the Apple and One of the Orange: Interpreting Claims That Collective Bargaining Agreements Should Waive the Individual Employee's Statutory Rights," 19 (2) The Labor Lawyer (ABA) 185. [PDF]

     Collective Bargaining Rights: Information on the Number of Workers with and without Bargaining Rights, GAO-02-835, U.S. General Accounting Office (48 pp. Sept. 2002). [PDF]

     Online article: Collective bargaining, "Implementing Changes in Expired Contracts," by John M. Collins, General Counsel, MA Chiefs of Police Assn., Nov. 2002 Police Chief magazine.

     Appointments: For the first time, all five members (and the General Counsel) of the National Labor Relations Board have been appointed by President George W. Bush, including three Republican and two Democratic members.

     Book: Federal Job Dispute Procedures: An employee's guide to complaints, appeals, and grievances.

Body Armor

     Body armor: DoJ to provide $33.6 million to assist law enforcement in replacing Zylon ballistic vests.

Canadian Rights

     Canadian rights: Canadian Government document on same-sex marriage rights. (2003)

Compensation

     Compensation - Report: Designing an Effective Pay-for-Performance Compensation System, Merit Systems Protection Board (2006).

     Uniformed federal workers: Office of Personnel Management issues intended regulations to increase the rate paid to nonmilitary federal employees that are required to wear a uniform, from $400 to $500. Allowances and Differentials, 71 (126) Fed. Reg. 37507, FR Doc. 06-5890, 5 CFR Part 591, RIN 3206-AL07.

Computer use policies:

     E government report: State E-Government Strategies: Identifying Best Practices and Applications, Congressional Research Service Report RL34104 (2007).

     Instant and text messaging report by the National Assn. of State Chief Information Officers, "The Privacy Implications of Instant and Text Messaging Technologies in State Government." The document contains links to IM policies of eight states. [PDF]

     IT security: To minimize Internet spam, phishing and spyware, the National Institute of Standards and Technology has issued a draft of Minimum Security Requirements for Federal Information and Information Systems.

Credit Card Abuse

     Credit card abuse: GAO Report - "Steps Taken to Improve DoD Program Management, [and] Address Misuse." In 120 transactions, involving $3,062,000 in allegedly unauthorized charges, no one was fired or suspended, and only three persons were verbally reprimanded. [PDF]

     Credit card controls: "Improving the Management of Government Charge Card Programs," Appendix B of OMB Circular A-123. [PDF]

Criminal Conduct

     Criminal Liability: Federal indictment of two retired NYPD detectives on charges that they worked as Mafia hitmen while they were still officers. [PDF]

     Indictment: U.S. v. James J. Smith (C.D. Cal. 2003), charging an ex FBI agent with passing classified information to a Chinese intelligence agent. [PDF]

     Investigations - Report: "Administrative Subpoenas in Criminal Investigations: A Brief Legal Analysis," Congressional Research Service, Doc. #RL33321 (2006)

Disabilities

     Disabilities - article: "Title II of the Americans with Disabilities Act: The Potential for Police Liability," 73 (9) The Police Chief (Sep. 2006).

     Disabilities discrimination -- a new guide: "Q&A about the Association Provision of the ADA."

     Disability law - article: "How Courts, Employers, and the ADA Disable Persons with Bipolar Disorder," Ramona Paetzold, 9 (2) Employee Rights and Employment Policy Journal (2005).

     Equal Employment Opportunity Commission seven volume set of Technical Assistance Manuals on a searchable CD-ROM ($135).

     "How far is too far? Employee misconduct and the Americans with Disabilities Act," presented at the ABA annual meeting (Aug. 2002). [Ms-Word format]

Discovery

     Discovery: Article, "Discovery Process and Personnel File Information," Nov. 2003, FBI Law Enf. Bulletin, p. 25. [PDF]

Disciplinary Systems

     Conflicts - City Attorneys: "The role of a municipal attorney in employee discipline hearings," by Paul N. Keller, 40 (1) ISBA Local Government Law (July 2003). [Online and print format]

     Discipline: "An Employee Disciplinary System That Makes Sense," The Police Chief, Sept. 2003, pp. 22-28; www.theiacp.org/

     Discipline: "Police Personalities: Understanding and Managing the Problem Officer" by Laurence Miller, Ph.D., The Police Chief (May 2003), www.theiacp.org/ [Print format]

     Early Warning Systems: Responding to the Problem Police Officer, 8 pp., National Institute of Justice (2001). [PDF]

     Inspector General's Review of Allegations of a Double Standard of Discipline at the FBI, Nov. 2002. [PDF]

Domestic Violence

     Domestic assault among police: Report: A survey of 123 internal affairs policies (12 pp.) Institute for Law Enforcement Administration, Plano, TX.

Dress Codes & Appearance

    Appearance regulations - article: Regulating Matters of Appearance, 76 (2) FBI Law Enforcement Bulletin 25 (Feb. 2007).

     Dress codes - Article: Spit and Polish: A Critique of Military Off-Duty Personal Appearance Standards, 184 Military Law Review - Summer 2005

Drugs

     Addiction and rehabilitation: Health & Human Services National Alcohol and Drug Addiction Recovery informational website.

     Drug-free workplace website: U.S. Dept. of Labor offers resources to help employers establish drug-free workplace programs and other initiatives.

     Drug testing - "Krieg v. Seybold: The Seventh Circuit Adopts a Bright Line in Favor of Random Drug Testing," 3 Seventh Cir. Rev. 367 (2007).

     Privacy - HHS Guidance: "The confidentiality of alcohol and drug abuse patient records regulation and the HIPAA Privacy Rule: Implications for alcohol and substance abuse programs."

EEOC

     Discrimination: The EEOC has launched a new FAQ website for federal employees who pursue pro se discrimination complaints.

     EEO settlements: EEOC Litigation Settlements monthly reports.

     EEO statistics: EEOC Litigation Statistics, FY 1992 through 2002.

     Proposal: Plan of the Equal Employment Opportunity Commission for improving access to services for persons with limited English proficiency.

     Race Discrimination: EEOC updates its Compliance Manual section addressing "Race and Color Discrimination." EEOC Manual §15 (2006).

Emergency Office Relocation

     Emergency office relocation: The U.S. Office of Personnel Management has adopted a rule on Evacuation Payments (including teleworking from an alternative worksite during an emergency situation such as a pandemic health crisis). Absence and Leave, 71 (157) Federal Register 47693, 5 CFR Part 630 [Aug. 17, 2006].

Employee Benefits & Pay

     Divorce and Your Federal Benefits, published by the Federal Employees News Digest (2001) ISBN: 0-910582-56-4. Explains the "unique federal administrative and regulatory requirements affecting federal workers' -- and their spouses' -- rights to pensions and other benefits when a marriage ends."

     Book: 2003 Federal Employees Almanac. Pay, benefits, leaves, retirement, legal rulings, employment policies and procedures, etc.

     Educational incentives - Article: "Tuition assistance programs appear to allow firms to hire better quality, more educated, more productive, employees," Natl. Bur. of Economic Research Digest (Feb. 2003).

     Federal agency job satisfaction: How federal workers rate their employing agencies.

     Federal pay scales -- law enforcement: Comparing the Pay of Federal and Nonfederal Law Enforcement Officers, Congressional Budget Office report (2005).

     Federal retirement: The U.S. Office of Personnel Management has initiated an electronic retirement process. Employees will be able to apply under a system known as RetireEZ that was designed to quickly and accurately calculate their retirement benefits.

     FLSA comp time: Plaintiff's Complaint and class action notification in a suit by officers against the NYPD. [PDF]

     Overtime: Article, "The Fair Labor Standards Act and Police Compensation," 73 (6) FBI Law Enforcement Bulletin 1, June, 2004. [PDF]

   Overtime claim website: New York City police officers have sued the City alleging a violation of the FLSA. The lawsuit contends that officers were not properly compensated for overtime hours worked, and that in many cases, the compensatory time off practices of the City violate federal law.

     Overtime: The Dept. of Labor's new rules on overtime are explained at a new "FairPay" website.

     Overtime: Website on the new overtime rule: http://www.dol.gov/elaws/overtime.htm More information about the regulations is at http://www.dol.gov/fairpay

     Overtime - First Responders: Dept. of Labor Fact Sheet #17J: First Responders and the Part 541 Exemptions Under the FLSA.

     Pay banding: The Dept. of Homeland Security likely to remove more transferred federal employees from the GS pay schedules into a pay banding system that groups several grades; it gives managers more wage flexibility and allows for non guaranteed enhanced earning opportunities. Issues of Merit (Feb. 2003), Office of Policy and Evaluation, U.S. Merit Systems Protection Board.

     Per diem reimbursements: The GSA no longer publishes the list in the Federal Register. All rates are available at http://www.gsa.gov/perdiem

     Personnel Pay: Management of Integrated Military Human Capital Program Needs, Additional Improvements, Report No. GAO-05-189. [PDF]

     Retirement benefits: State Police Retirement Plans 2004 is a comprehensive comparison of state police officers retirement plans -- including age and service retirements, vesting, post-retirement COLAs, contribution rates, salary definitions, actuarial assumptions and funding. Published by Workplace Economics, Inc.

     Uniformed federal workers: Office of Personnel Management issues intended regulations to increase the rate paid to nonmilitary federal employees that are required to wear a uniform, from $400 to $500. Allowances and Differentials, 71 (126) Fed. Reg. 37507, FR Doc. 06-5890, 5 CFR Part 591, RIN 3206-AL07.

     Website - FLSA/overtime claims: A U.S. Dept. of Labor chart compares the current requirements for exemption as an executive, administrative, professional, computer or outside sales employee with the new proposed regulations.

Employee Conduct Regulations

    Appearance regulations - article: Regulating Matters of Appearance, 76 (2) FBI Law Enforcement Bulletin 25 (Feb. 2007).

     Employee conduct regulations: The U.S. Office of Personnel Management has issued a plain language rewrite of OPM regulations regarding the standards that govern employee responsibilities and conduct. Employee responsibilities and conduct, 71 (155) Federal Register 46073, 5 CFR Part 735 [Aug. 11, 2006].

Employee Monitoring:

     Electronic monitoring report by the National Workrights Institute, "Privacy Under Siege: Electronic Monitoring in the Workplace." [PDF]

     Global positioning satellite monitoring report by the National Workrights Institute, "On Your Tracks: GPS Tracking in the Workplace." [PDF]

Employment Law

     Discrimination - Report: Bias in the Workplace: Consistent Evidence of Sexual Orientation and Gender Identity Discrimination, UCLA School of Law (2007).

     Discrimination complaint filings: The EEOC reports that in FY 2003, people filed 28,526 charges of race discrimination, 19,124 charges of age discrimination and 2,532 charges of religious discrimination. The religious complaints including the wearing of religious apparel, scheduling to observe Sabbaths or religious holidays, and other claims. EEOC Charge Statistics FY 1992-2003.

     Discrimination - guidance: "Questions and answers about employer responsibilities concerning the employment of Muslims, Arabs, South Asians, and Sikhs," U.S. Equal Employment Opportunity Commission (2005).

     Discrimination and retaliation: Office of Personnel Management issues final regulations to carry out the notification and training requirements of the Notification and Federal Employees Antidiscrimination and Retaliation (No FEAR) Act of 2002. 71 (139) Fed. Reg. 41095-99.

     Discrimination reports - FBI: Statistical data on equal employment complaints filed against the FBI in the last five years.

     EEO settlements: EEOC Litigation Settlements monthly reports.

     Employment law: Print format article, "Recent Developments in Employer-Employee Relations," 38 (2) Tort Trial & Insur. Prac. Law Journal (ABA) 309-334 (Winter 2003); www.abanet.org

     Employment law: Print format article, "Demotion and discharge of municipal employees in Utah," by Ellen Kitzmiller, 16 Utah Bar J. 20 (April, 2003). www.utahbar.org

     Federal retirement: The U.S. Office of Personnel Management has initiated an electronic retirement process. Employees will be able to apply under a system known as RetireEZ that was designed to quickly and accurately calculate their retirement benefits.

     Job Classifications: Revised OPM Classification Standard for firefighters [GS-0081]. [PDF]

     Personnel Practices: GAO report on the process used to hire entry-level and lateral transfer DoJ attorneys. No. GAO-04-665R, "Information on Selected Personnel Practices at the Justice Dept." [PDF]

     Pregnancy: Pregnancy Discrimination Act, by Lisa Baker, Mar. 2008 FBI Law Enforcement Bulletin

Ethics

     Massachusetts State Ethics Commission publications, educational materials and opinions.

     U.S. Office of Government Ethics: publications, advisory opinions, and training.

Expenditure Waste

     Expenditure waste -- TSA awards program: Dept. of Homeland Security, Office of Inspector General, "Assessment of Expenditures Related to the First Annual Transportation Security Administration Awards Program and Executive Performance Awards." [PDF]

Federal Civil Service

     Federal civil service: Sept. 2006 issue of the Merit Systems Protection Board newsletter.

     Federal employment: OPM's "Report to Congress - Recruitment, Relocation, and Retention Incentives."

     Federal retirement: The U.S. Office of Personnel Management has initiated an electronic retirement process. Employees will be able to apply under a system known as RetireEZ that was designed to quickly and accurately calculate their retirement benefits.

Federal Holidays

     Federal Holidays: List (through 2010).

Federal Terminology

     Dictionary of federal terminology: On Their Own Terms: A Lexicon with an Emphasis on Information-Related Terms Produced by the U.S. Federal Government, by Susan Maret, Ph.D., Nov. 2005:

Firefighters

     FEMA report: U.S. Firefighter Fatalities in 2004.

     Occupational Disease - Article: Carcinogenicity of Shift-work, Painting and Fire-fighting, IARC Monograph, 98 (12) The Lancet Oncology 1065-66 Dec. 2007).

Fitness

     Article: The international firefighters' union (IAFF) and fire chiefs' assn. (IAFC) have agreed to create a "Fire Service Peer Fitness Trainer Certification," to implement a wellness/fitness initiative.

Freedom of Information

     Freedom of Information Act: Summary of Annual FOIA Reports for FY 2002.

     FOIA report: "Freedom of Information Act Amendments: 109th Congress," Congressional Research Service #RL32780, Library of Congress (2006).

     FOIA: The House Government Reform Committee has updated its "Citizen's Guide on Using the Freedom of Information Act and the Privacy Act of 1974 to Request Government Records."

     Secrecy: President Bush reaffirmed Executive Order 13292 and on Dec. 31, 2006, with certain limitations, "all classified records that (1) are more than 25 years old and (2) have been determined to have permanent historical" value under Title 44, U.S. Code, "shall be automatically declassified whether or not the records have been reviewed."

Funding & Grants

     Grants: DoJ Inspector General's reports on various city and county COPS grants and deficiencies found during financial audits.

HIPAA

     HIPAA privacy rule: HHS National Standards to Protect the Privacy of Personal Health Information.

     "HIPAA administrative simplification: How the privacy rule affects municipal ambulance service providers," 35 (2) The Urban Law Qtrly. (ABA) 317-351; Order information.

     Privacy - HHS Guidance: "The confidentiality of alcohol and drug abuse patient records regulation and the HIPAA Privacy Rule: Implications for alcohol and substance abuse programs."

    Revised FAQ HIPAA webpage.

Homosexual and Transexual Employees

     Canadian rights: Canadian Government document on same-sex marriage rights. (2003)

     Discrimination - Report: Bias in the Workplace: Consistent Evidence of Sexual Orientation and Gender Identity Discrimination, UCLA School of Law (2007).

     Domestic Partner Rights: Article, "The Impact of Same-Sex Marriage on the Workplace," Nixon Peabody newsletter. [PDF]

     Gay Rights: State laws & legislation website.

     Homosexual job rights: The Gay Rights Workplace Revolution, 30 (3) Human Rights (ABA) 14 (2003). [Online and print format]

     Same Sex Marriages: Informational website of Freedom to Marry, a project of the Astraea Foundation, an organization of activists and lawyers that promote homosexual marriage rights.

     Transsexuals - legal rights: "The expanding rights of transsexuals in the workplace," 21 (2) The Labor Lawyer (ABA) 121-139.

Honesty and Integrity

     Massachusetts State Ethics Commission publications, educational materials and opinions.

     U.S. Office of Government Ethics: publications, advisory opinions, and training.

    "The development, marketing and use of integrity tests in the American workplace," by William Harris, University of Iowa (1997).

     "The Lie Behind the Lie Detector," By George W. Maschke and Gino J. Scalabrini, 2nd edit., 176 Pages, 739kb PDF format. Published by AntiPolygraph.org

     Neurolinguistic evaluations: Recognizing indications of deception or truthfulness during an employee interview.

     "The Polygraph and Lie Detection (2002)," by the National Academies Press. ISBN 0-309-08605-1 (2002)

     Principles for Promoting Police Integrity, 45 pp., National Institute of Justice (2001).

     Guidance: New Jersey Attorney General issues Guidelines on applications for a waiver of forfeiture of a public office after a criminal conviction. [PDF]

     Online summary: "The e-clearance initiative." Explains the new three-part system of processing federal employment background investigations and security clearances.

Human Resources / Personnel Management

     "Internal Affairs Management Software," by Tim Dees, May 2003 Law and Order Magazine, pp. 88-94; online article.

     Stylebook of gender identity and related terminology. [PDF format]

     Dictionary of Occupational Titles, compiled from Bureau of the Census and Labor Dept. sources.

     Online report: Recommendations for Change: Making the Public Service Work. U.S. Merit Systems Protection Board, Office of Policy and Evaluation (37 pp. Sept. 2002). Includes a recommendation to abolish the "Rule of Three" for promotions.

     Personnel manuals: Law review article, "Contracts of convenience -- Preventing employers from unilaterally modifying promises made in employee handbooks," by Brian Kohn, Yeshiva Univ. (Jan. 2003), 24 Cardozo L. Rev. 799 (16,265 words, 263 endnotes). [PDF]

     Pre-employment Screening: "Pre-employment Psychological Evaluations," Sept. 2003 Law and Order Magazine, pp. 85-87; online in the articles archive section at www.lawandordermag.com/

Internal Affairs

     Domestic assault among police: Report: A survey of 123 internal affairs policies (12 pp.) Institute for Law Enforcement Administration, Plano, TX.

     "Internal Affairs Management Software," by Tim Dees, May 2003 Law and Order Magazine, pp. 88-94; online article.

Job Satisfaction

     Police job satisfaction: articles published by Sage Publications.

     Job satisfaction: According to a 2005 survey, 71% of all federal employees are satisfied with their jobs. Justice Dept. workers recorded a 73% satisfaction; Homeland Security rated the lowest, with a 58% job satisfaction rating.

Labor-Management Relations

DoJ COPS labor-management publications:

Medical Information

  Bloodborne Pathogens: OSHA has published a bulletin reiterating the agency's policy on disposal of contaminated needles and blood tube holders following blood-drawing procedures.

     Contagious Diseases - Severe Acute Respiratory Syndrome: Intelligence Community Assessment requested by the Secretary of Health and Human Services.

     Firefighter cardiac deaths -- Report: Three-quarters of firefighters who died of heart attacks -- the top cause of on-duty deaths -- went to work with known or detectable heart conditions, according to a ten-year study by the National Fire Protection Association.

     Health: Article, "Individual Differences in Utilizing Control to Cope With Job Demands: Effects on Susceptibility to Infectious Disease," 86 (2) Journal of Applied Psychology (APA) 265-278.

     Information: OSHA guidance on SARS-related employer responsibilities and information for workers -- with links to CDC sites.

     Occupational Disease - Article: Carcinogenicity of Shift-work, Painting and Fire-fighting, IARC Monograph, 98 (12) The Lancet Oncology 1065-66 Dec. 2007).

     Occupational health - bicycle duty: Male bicycle patrol officers who were studied experienced groin numbness due to prolonged pressure on the perineum. The data, cited by NIOSH in a special report, suggests that prolonged bicycle riding may have negative effects on nocturnal erectile function and a need for innovative bicycle saddle designs. "Nocturnal Penile Tumescence and Rigidity Testing in Bicycling Patrol Officers," by Schrader, Breitenstein, Clark, Lowe, and Turner, 23 Journal of Andrology 927-934.

     OSHA: Advice to outdoor workers on heatstroke. [Online]

     Police mortality rates - report: Iowa law enforcement officers mortality rate study findings (2005).

     Smallpox: Online article, "Smallpox Vacillation," explains the vaccination process and hazards for first responders. Fire Chief magazine (Jun, 2003).

     Vaccinations: Vaccine Policy Issues, a report by the Congressional Research Service.

Mental Illness

     Mental Illness/Workplace Safety: Law Review, "Employees with Mental and Emotional Problems -- Workplace Security and Implications of State Discrimination Laws, the Americans with Disabilities Act, the Rehabilitation Act, Workers' Compensation, and Related Issues," by Janet E. Goldberg, Stetson Law Review (Fall 1994) 24 Stetson L. Rev. 201 (21,010 words, 240 notes).

Military Leave

     Military Leave: A Non-Technical Resource Guide to the Uniformed Services Employment and Reemployment Rights Act. [PDF]

     U.S. Office of Personnel Management sites:
     (1) Military Leave Fact Sheet (Nov. 2001)
     (2) Frequently Asked Questions on Military Leave (Oct. 2001)

     U.S. Dept. of Labor, Veterans Employment and Training Service has a website explaining the 1994 Uniformed Services Employment and Reemployment Rights Act.

     Military retirement -- Report: Major Legislative Issues, identified by the Congressional Research Service. [PDF]

Military Personnel

     Book: [Federal] "Civil Service Handbook for Ex-Military Personnel," published by Federal Employees News Digest, $12.95, www.FederalDaily.com/B062.html

     Online Report: General Accounting Office Report to the Congress on the fraud and abuse of military travel cards. [PDF]

     Military retirement -- Report: Major Legislative Issues, identified by the Congressional Research Service. [PDF]

     Personnel Pay: Management of Integrated Military Human Capital Program Needs, Additional Improvements, Report No. GAO-05-189. [PDF]

     Taxation: IRS website has links to publications and forms with tax information for armed services members.

Occupational Disease

     Occupational Disease - Article: Carcinogenicity of Shift-work, Painting and Fire-fighting, IARC Monograph, 98 (12) The Lancet Oncology 1065-66 Dec. 2007).

OSHA

     Airborne infections: OSHA issues "Guidance for Protecting Employees Against Avian Flu"

  Bloodborne Pathogens: OSHA has published a bulletin reiterating the agency's policy on disposal of contaminated needles and blood tube holders following blood-drawing procedures.

     Incident Command website: OSHA-provided online training software.

     Occupational Disease - Article: Carcinogenicity of Shift-work, Painting and Fire-fighting, IARC Monograph, 98 (12) The Lancet Oncology 1065-66 Dec. 2007).

     Occupational health & safety - report: Centers for Disease Control, "Health Hazard Evaluation of Police Officers and Firefighters After Hurricane Katrina--New Orleans," 55 (16) M&MWR (CDC) 456-458.

     Occupational safety: OSHA Guidance on Preparing Workplaces for an Influenza Pandemic.

     Occupational Safety: OSHA's 32-page Guidelines for Employers to Reduce Motor Vehicle Crashes offers information to help employers design an effective driver safety program.

     Occupational Safety & Disease: Transportation Security Administration injury rate found unacceptably high. Injury and illness data, by federal agency, is at http://www.osha.gov/dep/fap/index.html

     OSHA: Advice to outdoor workers on heatstroke. [Online]

     OSHA: Workplace Safety Fire and Explosion Planning Matrix.

     Repetitive motion injuries - Article: The Safety Guys: Office Ergonomics 101, Part 1 and Part 2, Forensic Magazine (2007).

Outsourcing

     Outsourcing: Privatization and the Federal Government: An Introduction, Congressional Research Service #RL33777 (Dec. 28, 2006).

Overtime

     Overtime: Article, "The Fair Labor Standards Act and Police Compensation," 73 (6) FBI Law Enforcement Bulletin 1, June, 2004. [PDF]

   Overtime claim website: New York City police officers have sued the City alleging a violation of the FLSA. The lawsuit contends that officers were not properly compensated for overtime hours worked, and that in many cases, the compensatory time off practices of the City violate federal law.

     Overtime: The Dept. of Labor's new rules on overtime are explained at a new "FairPay" website.

     Overtime: Website on the new overtime rule: http://www.dol.gov/elaws/overtime.htm More information about the regulations is at http://www.dol.gov/fairpay

     Overtime - First Responders: Dept. of Labor Fact Sheet #17J: First Responders and the Part 541 Exemptions Under the FLSA.

Pensions & Retirement

     Federal retirement: The U.S. Office of Personnel Management has initiated an electronic retirement process. Employees will be able to apply under a system known as RetireEZ that was designed to quickly and accurately calculate their retirement benefits.

     Retirement benefits: State Police Retirement Plans 2004 is a comprehensive comparison of state police officers retirement plans -- including age and service retirements, vesting, post-retirement COLAs, contribution rates, salary definitions, actuarial assumptions and funding. Published by Workplace Economics, Inc.

     Retirement plans: IRS Publication 553: a summary of legislative changes in 2002 affecting deferred compensation plans of state and local governments. [Online and print format]

Physcial Fitness

     Physical fitness programs: Article: Fit for duty? The need for physical fitness programs for law enforcement officers, by Adrienne Quigley, 75 (6) The Police Chief (June 2008).

Police Oversight

     Police oversight - presentation: Does Oversight Reduce Policing? Evidence from the Cincinnati Police Dept. After the April 2001 Riot, by Lan Shi, Dept. of Economics, Univ. of Washington, 2006 Annual Meeting of the American Economic Assn.

Pregnancy

     Pregnancy: Pregnancy Discrimination Act, by Lisa Baker, Mar. 2008 FBI Law Enforcement Bulletin

Prison Industries

     Report: Congressional Research Service: Federal Prison Industries (updated 2007).

Privacy

     Article: "E-mail, fingerprints and personnel files: Recurring and emerging discovery issues in employment litigation," 38 (1) Tort Trial & Insur. Prac. Law Journal 69-101 (Fall 2002), Amer. Bar Assn., www.abanet.org/tips.

     Canada: Privacy website - Canadian privacy legislation, news, and other resources.

     HIPAA privacy rule: HHS National Standards to Protect the Privacy of Personal Health Information.

     "HIPAA administrative simplification: How the privacy rule affects municipal ambulance service providers," 35 (2) The Urban Law Qtrly. (ABA) 317-351; Order information.

     "Information Management: Selected [Federal] Agencies' Handling of Personal Information," GAO Report GAO-02-1058 (Sept. 2002) [PDF] and "Employee Privacy: Computer-Use Monitoring Practices and Policies of Selected Companies," Report GAO-02-717 (Sept. 2002). [PDF]

     Privacy Act Notices: The General Services Administration has published an amended system of records notice for the Government-wide system of travel records to enhance the government's electronic capability. [PDF]

     Privacy: Federal Spending on Surveillance webpage.

     Privacy guidance: OMB Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002.

     Privacy - HHS Guidance: "The confidentiality of alcohol and drug abuse patient records regulation and the HIPAA Privacy Rule: Implications for alcohol and substance abuse programs."

    Revised FAQ HIPAA webpage.

Psychological screening, psychological counseling, and polygraph:

     Deception techniques: Polygraph and Credibility Assessment Program, DoD Directive 5210.48 (2007, replacing 1984 version).

     Measuring the Mind: A Comparison of Personality Testing to Polygraph Testing in the Hiring Process, by Jennifer Nevins, 109 Penn St. L. Rev. 857, Penn State Law Review (2005).

     National security - polygraph: U.S. Dept. of Energy publishes a final rule to establish new counterintelligence evaluation regulations to minimize the potential for disclosure of classified information, data, and materials, effective Oct. 30, 2006. 71 (189) Federal Register 57386-57397 (9/29/2006).

     Psychological counseling - article: "Acute Psychological Intervention for Law Enforcement Personnel Following Trauma Exposure: What Is Current Best Practice?" by Mark Creamer, PhD, Director, Australian Centre for Posttraumatic Mental Health, University of Melbourne, 6 (3) Law Enforcement Executive Forum 135.

     Psychological counseling - article: "Emergency Responder Exhaustion Syndrome (ERES): A Perspective on Stress, Coping, and Treatment in the Emergency Responder Milieu," by Fay, Kamena, Benner, Buscho and Nagle, 6 (3) Law Enforcement Executive Forum 159.

     Psychological screening - police applicants - Article: "Police Officer Selection: History and Forensic Implications" and "The M-PULSE Methodology and Inventory," 6 (2) Law Enforcement Executive Forum 27, 32 (Feb. 2006).

Public Records

     Public record archives: The National Archives and Records Administration has revised its regulations to provide for the appropriate management and disposition of short-term temporary e-mail (no more than 180 days). 71 Fed. Reg. 8806 (2/21/06; eff. 3/23/26).

Religious Organizations & Discrimination

     Religious discrimination: "An Employer's Guide to Religious Accommodation," written by the Sikh American Legal Defense and Education Fund. [PDF]

     Religious organizations: The President has issued an Executive Order to create "Centers for Faith-Based and Community Initiatives" within designated executive branch agencies, to reduce obstacles to the participation of faith-based organizations that provide social and community services.

Secrecy

     Secrecy: President Bush reaffirmed Executive Order 13292 and on Dec. 31, 2006, with certain limitations, "all classified records that (1) are more than 25 years old and (2) have been determined to have permanent historical" value under Title 44, U.S. Code, "shall be automatically declassified whether or not the records have been reviewed."

Security Clearances

     Security clearances: The Defense Dept. has issued an interim final rule establishing new adjudicative guidelines for determining eligibility for government security clearances. Dept. of Defense Personnel Security Program Regulation, 71 (168) Federal Register 51474, 32 CFR Part 154 [Aug. 30, 2006].

Sex Discrimination

     Pregnancy: Pregnancy Discrimination Act, by Lisa Baker, Mar. 2008 FBI Law Enforcement Bulletin

     Sex discrimination: "The Seventh Circuit's Erosion of the Equal Pay Act," Jessica L. Lindsted, 1 Seventh Cir. Rev. 129 (2996).

Statistical Information

     Book: 2003 Federal Employees Almanac. Pay, benefits, leaves, retirement, legal rulings, employment policies and procedures, etc.

     Bureau of Justice Statistics data: Race and sex of personnel in agencies with 100+ police officers, including expenditures and pay, operations, equipment, computers and information systems, policies and programs, and community policing. NCJ 171861.

     Discrimination complaint filings: The EEOC reports that in FY 2003, people filed 28,526 charges of race discrimination, 19,124 charges of age discrimination and 2,532 charges of religious discrimination. The religious complaints including the wearing of religious apparel, scheduling to observe Sabbaths or religious holidays, and other claims. EEOC Charge Statistics FY 1992-2003.

     GAO Reports: FBI Continues to Make Progress in Its Efforts to Transform and Address Priorities.
     Federal Law Enforcement: Information on Use of Investigation and Arrest Statistics.

     News item: The U.S. Merit Systems Protection Board reports that 68% of all surveyed federal agencies fail to e-mail their current employees about job vacancies, and only 44% post job announcements on their agency websites. (10/21/02). "Agencies Fail to Use Obvious Recruitment Tools," MSPB Issues of Merit (Sep. 2002) p.3. [PDF]

     Police mortality rates - report: Iowa law enforcement officers mortality rate study findings (2005).

     Report: The Bureau of National Affairs, Inc. has reported that state and local government wage contracts for 2002 provided an average increase of 3.8 percent, compared with 4.1 percent in 2001. Ref: 41 (1994) G.E.R.R. (BNA) 100.

     Report: The Equal Employment Opportunity Cmsn. has issued the 2001 statistics for "Occupational Employment in Private Industry by Race/Ethnic Group/Sex, and by Industry."

     EEO statistics: EEOC Litigation Statistics, FY 1992 through 2002.

     Pay levels and job retention: "Federal Uniformed Police: Selected Data on Pay, Recruitment, and Retention at 13 Police Forces in the Washington, D.C., Metropolitan Area," Report No. GAO-03-658 (2003). [PDF]

     Federal personnel: U.S. Office of Personnel Management's 2002 Performance and Accountability Report [PDF] and the Federal Civilian Workforce Statistics Fact Book

     Uniform Crime Reports: Law Enforcement Officers Killed and Assaulted, 2004.

Stress and Suicide

     National P.O.L.I.C.E. Suicide Foundation, Inc. provides training programs and support services on suicide awareness and prevention.

     Police suicides: "Police Suicide: Can it be prevented?" by John M. Violanti, Ph.D.

     Psychic trauma: Book, "Psychological Injuries at Trial," A.B.A. Tort Trial and Insurance Practice Section

     Stress: "Dealing with Employee Stress: How Managers Can Help -- or Hinder -- Their Personnel," 75 (7) FBI Law Enforcement Bulletin (July, 2006).

     Stress: "Identifying law enforcement stress reactions early," FBI Law. Enf. Bulletin, Sep. 2003, p. 12. [PDF]

     Stress-related: Article: "Mental Health Status of World Trade Center Rescue and Recovery Workers and Volunteers: N.Y. City, Jul. 2002-Aug. 2004," 53 Morbidity and Mortality Weekly Report (CDC) #45 (9-10-2004). [PDF]

     "Suicide and Law Enforcement," (2002) by the Behavioral Science Unit, FBI Academy in Quantico, VA. The 61 article book examines suicide and its impact on law enforcement. A CD version will be available in the near future. It can be purchased from the Government Printing Office.

     Stress claims: Online article, "Workplace Stress Claims Resulting from September 11th" by Frances Codd Slusarz, 18 (2) The Labor Lawyer (ABA) 137 (Fall 2002). [PDF and print format]

     Stress and work addiction: "Police Work Addiction: A Cautionary Tale" by Gerard J. Solan, M.A., and Jean M. Casey, Ph.D., FBI Law Enf. Bulletin, June 2003. www.fbi.gov/ [Online and print format]

     Stress-Related: Article, "Handling the Stress of the Electronic World," by James D. Sewell, Ph.D., FBI Law Enforcement Bulletin, Aug. 2003. [PDF]

     Stress Related: Article, "Issues in Small Town Policing: Understanding Stress," 73 (7) FBI Law Enforcement Bulletin 24, July, 2004. [PDF]

Sunshine Act

     Transparency - Book: The American Bar Assn. has updated its 1978 book, "An Interpretive Guide to the [Federal] Government in the Sunshine Act."

Taxation

     Tax Publication: IRS No. 3920, Tax Relief for Victims of Terrorist Attacks. [PDF]

     Taxation: The Internal Revenue Service has updated its Federal-State Reference Guide that provides information on social security, Medicare and tax withholding for state and local governments and their employees. Publication 963 (2005).

     Taxation: IRS website has links to publications and forms with tax information for armed services members.

     Taxation -- mileage rate allowance: Because of rising gas prices, the IRS has increased the standard mileage rates for the final four months of 2005 from 40.5 to 48.5 cents per mile for all deductible miles driven; IR-2005-99 (9/9/05). The GSA has matched that rate for federal workers using personal vehicles for government business.

     Website: Military income tax preparation guide.

     Website: Updated federal per diem rates for lodging, meals and incidentals are on a web site at www.gsa.gov/. Click on "Travel on Government Business," and "Per Diem Rates."

Teleworking

     U.S. Office of Personnel Management Links to Telework/Telecommuting sites

     Telework - report: "Agency Telework Methodologies: Departments of Commerce, Justice, State, (etc.)," GAO-05-1055R (2005).

     Teleworking: The OPM reported that a total of 752,337 federal employees were declared eligible to telework by their agencies last year, and 140,694 employees actually teleworked in 2004. The Status of Telework in the Federal Government 2005.

     Teleworking report: "Making Telework a Federal Priority: Security is Not the Issue" [PDF]

     Telework: A Management Priority - A Guide for Managers, Supervisors, and Telework Coordinators

Terrorism, Homeland Security, National Security Issues

     Antiterrorism -- Skymarshal Program: Dept. of Homeland Security, Office of Inspector General, "Evaluation of the Federal Air Marshal Service," August 2004, 56 pages, PDF format). The report chronicles how federal air marshals have slept on the job, tested positive for alcohol or drugs while on duty, lost their weapons and falsified information.

     Antiterrorism reports: GAO Online, Building Security: Security Responsibilities for Federally Owned and Leased Facilities and Using Biometrics for Border Security. [PDF]

     Article: The U.S. Patriot Act of 2001: Changes to electronic surveillance laws.

     Bioterrorism: Army Regulation 380-86, Chemical Warfare, Chemical and Biological Defense, and Nuclear, Biological, Chemical Contamination Survivability Information, declassified Feb. 1, 2005. [PDF]

     Biological threats: Article: "Responding to Detection of Aerosolized Bacillus Anthracis by Autonomous Detection Systems in the Workplace," 53 Morbidity and Mortality Weekly Report (CDC) #07 (6-4-2004).

     Bioterrorism: "Armed Services Smallpox Vaccination: Medical Research and Military Necessity," 30 (2) Human Rights (ABA) 6 (2003). [Online and print format]

    Bioterrorism: Public Health Response to Anthrax Incidents of 2001, U.S. General Accounting Office (Oct. 2003). [PDF]

     Counterinsurgency, intelligence and surveillance manual: U.S. Army Field Manual 3-24 on Counterinsurgency (202 pp., Dec. 2006)

     Emergency Communications: Statement released by the National Cmsn. on Terrorist Attacks in the U.S. regarding communication difficulties among NYC police, fire and other emergency rescue personnel on Sep. 11, 2001 at the WTC. [PDF]

     Fiscal: Dept. of Homeland Security FY 2006 Budget and Dept. of Justice FY 2006 Budget request press release.

     Homeland Security Personnel Reports: Human Resources Management System Review Committee reports.

     Homeland security website: The Justice Dept. has created a National Security Resources website for the criminal justice community, at: www.nationalsecurityresources.gov/

     Intelligence: Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, Executive Order 13328 (Feb. 6, 2004).

     Intelligence - Fact Sheet on the new Dept. of Justice National Criminal Intelligence Sharing Plan.

    Intelligence officer's liability: The CIA announced that it will now pay the full cost of legal liability insurance for qualified employees. Private carriers cover legal expenses and damages arising out of a CIA officer's official duties. It is meant to cover potential litigation expenses, including damages.

     The Office of Counterintelligence, U.S. Dept. of Energy proposes to reduce substantially the number of polygraph exams administered, 70 (5) Federal Register 1383-1396 (Jan. 7, 2005).

     National Security Contingency Plans of the U.S. Government.

    National security classified information: The President's amendments to the Executive Order on Classified National Security Information. Executive Order 13292 (2003).

     National security -- interrogations: The American Psychological Association's governing body has endorsed a Task Force Report on Psychological Ethics and National Security that establishes strict ethical guidelines for psychologists who participate in national security-related investigations and interrogations.

     National security -- interrogations: The American Psychological Association has reaffirmed its policy against the use of torture and other cruel, inhuman, or degrading treatment. Psychologists have an ethical obligation to report abusive behaviors to the authorities.

     National security - polygraph: U.S. Dept. of Energy publishes a final rule to establish new counterintelligence evaluation regulations to minimize the potential for disclosure of classified information, data, and materials, effective Oct. 30, 2006. 71 (189) Federal Register 57386-57397 (9/29/2006).

     Online Report: Inspector General's Review of the FBI's Counterterrorism Program. OIG Report #02-38, Sep. 2002.

     Personnel identification: The U.S. Office of Management and Budget has issued guidance to federal agencies advising them how to comply with a Homeland Security Dept. directive creating a universal personal identification verification system for federal employees and contractors. [PDF]

     Secrecy: Online interview, "Government Secrecy in the Age of Information," Biodefense Quarterly, Vol. 5, No. 1, published online by the Johns Hopkins Center for Civilian Biodefense Strategies, Summer 2003. [PDF]

     Tax Publication: IRS No. 3920, Tax Relief for Victims of Terrorist Attacks. [PDF]

     Terrorism: A DoJ Report to the Congress describes the use of new powers authorized under the USA PATRIOT Act (May 13, 2003). [PDF]

     Terrorism - DoJ-IG report: A Review of the FBI's Handling of Intelligence Information Prior to the September 11 Attacks. (2005).

     Terrorism: Final Report on 9/11 Commission Recommendations, Dec. 5, 2005.

     Terrorism-report: GAO study confirms that private insurance carriers have concluded that terrorist attacks involving nuclear, biological, chemical, and radiological weapons are not an insurable risk. GAO-06-1081 (Sep.2006).

     Weapons of mass destruction: White House Memo to agency chiefs: "Action to safeguard information regarding weapons of mass destruction and other sensitive documents related to homeland security."

     Website: Dept. of Homeland Security employees' information page. (click on employees)

Training

     Training: Free speech - IACP Training Key #612, Freedom of Speech and the Patrol Officer

     Training: "Lessons Learned from an Analysis of Correctional Officer Training in the United States," by Emran Khan, 6 (5) Law Enforcement Executive Forum 131-159 (Sep. 2006).

Vaccinations

     Vaccine Policy Issues, a report by the Congressional Research Service.

Veterans

     Veterans: New book info, Civil Service Handbook for Ex-Military Personnel, by Federal Employees News Digest, ISBN: 0-910582-67-X.

Websites

     Addiction and rehabilitation: Health & Human Services National Alcohol and Drug Addiction Recovery informational website.

     Cruise ships: Crime victim's assistance website.

     Female applicant assistance: Scottsdale, AZ Police Women and Policing website, with advice to female applicants and fitness protocols (including detailed instructions and photos demonstrating the requirements).

     Identification "smart" cards: Personal Identity Verification of federal employees and contractors website.

     Website: copsandhookers.com -- "A night club owner's site devoted to exposing organized crime under the guise of law enforcement."

     Website: Dept. of Homeland Security employees' information page. (click on employees)

     Website: New federal website, for individuals to find and comment on proposed rules being considered by federal agencies: http://www.regulations.gov/

     Website - FLSA/overtime claims: A U.S. Dept. of Labor chart compares the current requirements for exemption as an executive, administrative, professional, computer or outside sales employee with the new proposed regulations.

     Website:"Support Teresa Chambers" (the outspoken U.S. Park Police chief).

     Website: "Statement of the National Park Service concerning ... Park Police Chief Teresa Chambers [being] placed on administrative leave."

Whistleblowing

     Book: "The Art of Anonymous Activism: Serving the Public While Surviving Public Service," a how-to whistleblower guide for public employees, by the Project On Government Oversight. ($10)

     The (Federal) Whistleblower Protection Act: An Overview, Congressional Research Service Doc. RL33918 (Mar. 2007).

     Online whistleblower documents: A financial and a security memo on stolen, lost and missing property at the Los Alamos National Laboratory. [PDF]

     Whistleblowers -- Report: "Homeland and National Security Whistleblower Protections: The Unfinished Agenda."

     Whistleblower Manual: Revised OSHA directive # DIS 0-0.9. [PDF]

     Whistleblower Procedures: Dept. of Labor, "Handling of discrimination complaints under sec. 806 of the Corporate and Criminal Fraud Accountability Act of 2002," Final Rule 69:52103-52117

     Whistleblower Protection: Online book, "Whistleblowing: When It Works--And Why."

Women and Policing

     Female applicant assistance: Scottsdale, AZ Police Women and Policing website, with advice to female applicants and fitness protocols (including detailed instructions and photos demonstrating the requirements).

     Pregnancy: Pregnancy Discrimination Act, by Lisa Baker, Mar. 2008 FBI Law Enforcement Bulletin

Workplace Safety

     Body armor: DoJ to provide $33.6 million to assist law enforcement in replacing Zylon ballistic vests.

     Revised Rules: OSHA has revised its rules on "Exit Routes, Emergency Action Plans, and Fire Prevention Plans." 67 Fed. Reg. 67950 (11/7/2002).

     Injuries to employees: Following the death of a firefighter, the Centers for Disease Control issues a NIOSH advisory warning against using humans in a burning structure posing as "victims" during fire training sessions.

     Officer safety: London Police test a precise locating system that uses automated radio technology.

     Officer safety article: New Federal Rule Seeks to Improve Officer Visibility at Roadside, IACP Police Chief magazine (July 2007).

     OSHA: Advice to outdoor workers on heatstroke. [Online]

     Workplace injuries and illnesses: "Workers' Compensation: Rx for Policy Reform," National Center for Policy Analysis, Policy Report No. 287, Sep. 2006.

     Worker safety - Report: Preventing Fire Fighter Fatalities Due to Heart Attacks and Other Sudden Cardiovascular Events, NIOSH Publication No. 2007-133 (2007).

     Worksite Safety: "Principal Emergency Response and Preparedness Requirements and Guidance," OSHA document 3122-06R (2004). [PDF]

     Workplace safety website: Agency for Toxic Substances and Disease Registry

Workplace Searches & Security

     Article: "E-mail, fingerprints and personnel files: Recurring and emerging discovery issues in employment litigation," 38 (1) Tort Trial & Insur. Prac. Law Journal 69-101 (Fall 2002), Amer. Bar Assn., www.abanet.org/tips.

     "Computer and Internet surveillance in the workplace," by Andrew Schulman, Fellow, Privacy Foundation.

     "Employer's rights and responsibilities following OSHA inspections," 40 pp. (Revised 2002). [PDF]

     Occupational safety: OSHA Guidance on Preparing Workplaces for an Influenza Pandemic.

     "Warrantless workplace searches of government employees," by Bryan R. Lemons, Branch Chief for the Legal Division at the Federal Law Enforcement Training Center, Glynco, GA. The Quarterly Review, Vol. 3, Ed. 3, April 2002.

     Workplace security: DHS has created downloadable posters to provide guidance on physical and cyber security and how to report suspicious behavior, activity, and cyber incidents.

Workplace Violence

     "Combating Workplace Violence," IACP Private Sector Liaison Committee.

     Published article: "Violence at work," by Jason R. Sakis and Daniel B. Kennedy, 38 (12) Trial (ATLA) 32 (Dec. 2002). Info. at www.atla.org

     Workplace violence: NIOSH has produced a training video on worksite violence: Publication No. 2004-100d.

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