Hello-


This email contains our August 2001 Global Employment Law Alert, which I
thought you might find of interest.

If you want to be taken off my mailing list for this publication, please
email me back with "Remove" in the subject line.
If you are not on our mailing list for our quarterly publication, The Global
Employer, which summarizes cutting-edge developments in labor and employment
law around the world, and would like to be, please email me your physical
address and I'll be glad to send you a copy of our latest edition.

If you have any questions or need further information, please contact me.

Jordan W. Cowman
  Board Certified, Labor & Employment Law
  Texas Board of Legal Specialization
Baker & McKenzie
2001 Ross Avenue, Suite 2300
Dallas, Texas 75201
214/978-3015
214/978-3099 fax
jordan.w.cowman@bakernet <mailto:jordan.w.cowman@bakernet.com> .com



 <http:\\www.bakernet.com\gel>

Baker & McKenzie

 <http://www.bmck.com/gel/current.asp?submitbtn=Show+Alerts&area=calert>
GLOBAL EMPLOYMENT LAW ALERT
Baker Events   Global   Asia Pacific   Europe & CIS   Africa/Middle East
South America   North America

Baker_EventsBaker Events	 top
VISIT OUR GLOBAL EMPLOYMENT LAW ALERT WEBSITE: To access our Alert program,
including current and past editions of the GEL Alert, please visit our
dedicated website at http://www.bakernet.com/gel Readers can search the
current GEL Alert by category, or access our complete archive search engine
to review past GEL Alerts by topic, country, region, or date. In addition,
readers can search our Knowledge Base (K-Base) for surveys, resources, and
articles by members of our Global Labour, Employment & Employee Benefits
Practice Group.  Alert Date: 8/1/01

NEW PUBLICATION SCHEDULE: Based on feedback of our readership, the GEL Alert
is now disseminated twice per month (on the 1st and 15th day of each month).
This schedule will ensure that our readership receives the most timely and
up-to-date information possible on breaking developments. Our GEL Alert also
features a new section on "Highlights," so that readers can quickly scan the
Alert for items of special interest.  Alert Date: 8/1/01

** - GEL ALERT HIGHLIGHTS: Employee Benefits: Australian court orders share
options for dot.com employees; Argentina's new Executive Order regarding
employee benefits. Employment Discrimination: Norway identifies unequal pay
problems for female workers. Immigration: German reform of immigration
regulations; Morocco and Spain establish new migrant quota. Employment
Litigation: Austria secures dismissal of Holocaust-era slave labour
litigation; Philippines adopts new rules for electronic evidence in labour
proceedings. Labour Abuses: Mozambique is warned regarding risks of abusive
child labour; protests over bonded labour in Nepal. Legislation: Indonesian
minimum wage laws; Mexico approves Indian rights bill; Russia adopts new
Labour Code; United Kingdom reforms Employment Tribunal system. Pensions:
Argentina enacts new Executive Decree regarding pension benefits; Web-based
pension information now available to employees in India. Privacy:
Netherlands adopts new regulation on data privacy; Philippines addresses
harassment through the Internet. Unions: Air France develops fundamental
rights charters with Union; Coca-Cola sued over alleged use of paramilitary
forces to threaten unions in Columbia. Wrongful Termination: Multimillion
dollar class action over withheld wages from Mexican farm workers;
Smoke-sensitive employee may proceed with retaliation claim again U.S.-based
employer.   Alert Date: 8/1/01

** - BAKER EVENTS: Chicago: Seminar entitled " How to Hire, Manage,
Compensation And Downsize Overseas  <http://www.bakernet.com/Practice
Areas/uscelpg/Sep13/seminar.asp> Employees," September 13, 2001, Chicago,
Illinois. For more information, please contact
<mailto:deborah.black@bakernet.com> deborah.black@bakernet.com   Alert Date:
8/1/01


GlobalGlobal	 top
** - ILO DECLARES THAT DECENT WORK IS A COMMON GOAL OF YOUTH AND TRADE
UNIONS: On July 13, 2001, the International Labour Organisation (ILO)
released a report addressing concerns of young people in the workforce and
the need for labour groups to adopt their strategies, language, and
structures to make them more "youth friendly." See " InFocus Programme
<http://www.ilo.org/public/english/dialogue/actrav/new/press.htm> ."
<mailto:guenther.heckelmann@bakernet.com> guenther.heckelmann@bakernet.com
or  <mailto:stewart.d.saxe@bakernet.com> stewart.d.saxe@bakernet.com   Alert
Date: 8/1/01

** - LABOUR GROUPS SUGGEST A NEW VISION IS NEEDED FOR THE GLOBAL ECONOMY: On
July 19, 2001, trade union leaders from the G-8 countries joined leaders
from underdeveloped countries at a meeting with the host of the Genoa
Summit, Italian Prime Minister, Silvio Berlusconi. At the meeting, the
unions demanded a new vision and policy action from world leaders to restore
economic and employment growth to the global economy. See " New Vision For
Global Economy
<http://www.icftu.org/dispalydocument.asp?Language=EN&Index=991213108> ."
<mailto:william.r.watson@bakernet.com> william.r.watson@bakernet.com or
jorge.de.regil@bakernet.com <mailto:jorge.de.regil@bakernet.com>    Alert
Date: 8/1/01

** - EUROPEAN COMMISSION ISSUES GREEN PAPER ON FRAMEWORK FOR CORPORATE
SOCIAL RESPONSIBILITY: On July 18, 2001, the European Commission released a
Green Paper on promoting a framework for corporate social responsibility by
employers. With this Green Paper, the European Commission aims to launch a
wide debate on how the European Union can promote corporate responsibility
at both the European and international level. It also seeks to encourage the
development of innovative practices, bring greater transparency, and
increase the reliability of evaluation and validation. See " EC Green Paper
<http://www.bmck.com/gel/articles/CSR%20Green%20Paper.doc> ."
<mailto:gerald.l.maatman@bakernet.com> gerald.l.maatman@bakernet.com or
<mailto:james.r.cameron@bakernet.com> james.r.cameron@bakernet.com   Alert
Date: 8/1/01

** - TRADE UNIONS DECLARE GLOBAL DAY OF ACTION FOR WTO MINISTERIAL
CONFERENCE: Trade union leaders from around the world, meeting in a special
session of the ICFTU Steering Committee held in conjunction with the G-8
Summit in Genoa, decided to mark the launch of the next Ministerial
Conference of the World Trade Organisation (WTO) in Doha, Qatar by staging a
Global Unions' Day of Action by the Workplaces of the World. The Day of
Action will take place on November 9, 2001, the opening day of the WTO
Conference. The Day of Action will be coordinated at global level and
delivered at a local level, taking the form of diverse actions to be
determined in individual countries ranging from stoppages and demonstrations
to workplace discussions, public meetings, and high-profile media
activities. See " Global Day Of Action
<http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213142> ."
<mailto:Brian.s.arbetter@bakernet.com> brian.s.arbetter@bakernet.com or
<mailto:guenther.hecklemann@bakernet.com> guenther.hecklemann@bakernet.com
Alert Date: 8/1/01

** - McDONALD'S ESTABLISHES E-LEARNING SYSTEMS FOR GLOBAL WORKFORCE: On July
19, 2001, McDonald's Corporation, in conjunction with DigitalThink, Inc.,
announced the launch of an e-learning pilot program for its worldwide
workforce of 1.5 million employees. The program will complement McDonald's
existing Worldwide Training, Learning, and Development cirriculum. The
system will be delivered initially in five different languages, and the
content will address orientation, standards of quality, food safety, and
restaurant operations. See " McDonald's E-Learning Systems
<http://www.digitalthink.com/news/pressroom/releases2001/07192001.html> ."
<mailto:gerald.l.maatman@bakernet.com> gerald.l.maatman@bakernet.com or
<mailto:craig.s.annunziata@bakernet.com> craig.s.annunziata@bakernet.com
Alert Date: 8/1/01

** - G-8 COUNTRIES TO SET UP PLAN TO BRIDGE DIGITAL DIVIDE WITH POOR: On
July 20, 2001, the G-8 nations endorsed the Digital Opportunity Task Force,
set up at last year's G-8 summit in Japan, to bridge the digital divide with
the world's poorest countries. Plans will focus on improving connectivity
and lowering costs, helping establish national Internet strategies, and
deploying information technology in health care, development aid, and
fostering entrepreneurship with start-ups and established businesses and
employers. See " G-8 Digital Plan
<http://www.siliconvalley.com/docs/news/tech/004685.htm> ."
<mailto:michael.j.wagner@bakernet.com> michael.j.wagner@bakernet.com or
<mailto:alex.valls@bakernet.com> alex.valls@bakernet.com   Alert Date:
8/1/01

** - HUMAN RIGHTS ORGANISATIONS GET CONNECTED ON THE INTERNET: A group of
multinational hackers is developing software called "Peekabooty" which
allows human rights activists to gain access to censored web sites that are
blocked or administered by Asian and Middle East governments. The software
will enable activists to monitor alleged human rights abuses by governments
and multinational corporations. See " Human Rights Software
<http://register.scmp.com/loginscmp.asp?refpage=http%3A//technology.scmp.com
/internet/ZZZL7WXN4PC.html> ."  <mailto:gerald.l.maatman@bakernet.com>
gerald.lmaatman@bakernet.com or  <mailto:james.r.cameron@bakernet.com>
james.r.cameron@bakernet.com   Alert Date: 8/1/01

** - MORE BOSSES KEEP TABS ON TELECOMMUTERS: The American Management
Association has reported recently nearly 80% of large multinational
companies record and review employee communications. As technology makes
monitoring easier, bosses are watching where telecommuters and business
travelers go on-line, what they say in their e-mail, and how often they type
on their keyboard. See " Worker Surveillance Increases
<http://www.newsbytes.com/news/01/168284.html> ."
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com or
<mailto:michael.j.wagner@bakernet.com> michael.j.wagner@bakernet.com   Alert
Date: 8/1/01

** - PLAN OF ACTION FOR TRADE UNIONS: The International Confederation of
Free Trade Unions recently released a plan of action outlining the trade
unions' fight against racial discrimination, xenophobia, and related
intolerance. See " Plan of Action
<http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213176> ."
<mailto:guenther.heckelmann@bakernet.com> guenther.heckelmann@bakernet.com
or  <mailto:cynthia.l.jackson@bakernet.com> cynthia.l.jackson@bakernet.com
Alert Date: 8/1/01


Asia_PacificAsia Pacific	 top
AU - INCOME THRESHOLD FOR UNFAIR DISMISSAL CLAIMS GOES UP: The remuneration
cap for employees making unfair dismissal claims under the Workplace
Relations Act 1996 (Cth) increased effective July 1, 2001. The cap is now
set at a total remuneration level of AU$75,200 per annum and accordingly the
maximum compensation available under the legislation will now be capped at
AU$37,600 (representing six months remuneration). See " Annual
<nhttp://www.dewrsb.gov.au/workplaceRelations/legislation/wrAct/IndexationRa
te2001.pdf> Remuneration Compensation Limits."
<mailto:paul.brown@bakernet.com> paul.brown@bakernet.com or
<mailto:mary.maher@bakernet.com> mary.maher@bakernet.com   Alert Date:
8/1/01

AUdotcom - AUSTRALIAN COURT ORDERS DOT COM TO MAKE SHARE OPTIONS AVAILABLE:
The New South Wales Industrial Relations Commission (IRC) has ordered
internet giant Yahoo! to make available share options and boost the notice
period given to a dismissed executive. The former employee won more than
AU$400,000 after the IRC found that his contract was unfair and the period
of notice of termination provided to the executive unreasonable. The IRC
rewrote the salesperson's contract to give him access to options that vested
in January and February of 1999 when the share price was significantly
higher than the current price. See " Shane Mitchell-Calvert v Yahoo! Inc.
<http://www.agd.nsw.gov.au/ircjudgments/2001nswirc.nsf/d1efd3b3c2f68e05ca256
736001f37be/432be744767943b4ca256a6a00155435?OpenDocument> "
<mailto:spiro.mellos@bakernet.com> spiro.mellos@bakernet.com or
<mailto:brian.jebb@bakernet.com> brian.jebb@bakernet.com   Alert Date:
8/1/01

AU - COURT DENIES PRIORITY TO SOME SEVERANCE PAYOUTS IN REDUNDANCY: A recent
decision of the New South Wales Supreme Court could prevent employees of
insolvent companies being paid a severance payment on redundancy in priority
to ordinary unsecured creditors. The Court found that any order for
severance payments made after a worker's employment was terminated would not
qualify as a "priority payment" under the Corporations Law which gives
priority to severance payments over other unsecured debts when a company is
being wound up. The Court found that claims and debts must exist at the
termination of employment to be entitled to priority. See: " Madden v
Fisher.
<http://www.agd.nsw.gov.au/scjudgments/2001nswsc.nsf/66950614059df523ca25673
900081e8e/f0777f71cae4e7afca256a7800149126?OpenDocument> "
<mailto:paul.brown@bakernet.com> paul.brown@bakernet.com or
<mailto:jackie.natsopoulos@bakernet.com> jackie.natsopoulos@bakernet.com
Alert Date: 8/1/01

AU - AUSTRALIAN UNIONS REBUILDING THEIR IMAGE: A recent survey commissioned
by the New South Wales Labour Council, the main trade union body, and
conducted by the Australian Centre for Industrial Relations Research and
Training, has found what unions are claiming is a significant erosion in
anti-union attitudes. The proportion of respondents supporting the notion
that Australia would be better off without unions has fallen from 25% in
1996 to 14% in 2001. See " Survey Shows Majority Support For Unions
<http://workers.labor.net.au/103/news1_survey.html> ."
<mailto:paul.brown@bakernet.com> paul.brown@bakernet.com or
<mailto:mary.maher@bakernet.com> mary.maher@bakernet.com   Alert Date:
8/1/01

AU - LOW WAGES AND HIGH PRODUCTIVITY ARE THE KEY TO AUSTRALIA'S LOW
INFLATION: A recent paper published by the Reserve Bank of Australia says
that decentralization of wage fixing and productivity growth in the 1990's
have been key elements in Australia's current low inflation economic
environment. Key influences in this environment are the end of comparative
wage justice which required the preservation of pay relativities by
Industrial Tribunals. This has allowed high wage growth areas to remain
isolated. See " Changes In The Determinants Of Inflation In Australia
<http://www.rba.gov.au/PublicationsAndResearch/RDP/RDP2001-02.html> ."
<mailto:spiro.mellos@bakernet.com> spiro.mellos@bakernet.com or
<mailto:brian.jebb@bakernet.com> brian.jebb@bakernet.com   Alert Date:
8/1/01

AU - CONTROVERSIAL WORKERS COMPENSATION REFORMS: The New South Wales
Government recently enacted reforms aimed at reducing the government-run
workers' compensation system's mounting deficit and speeding up the payment
of claims. However, the reforms have faced concerted opposition from union
groups who have organized several strikes against the new laws which they
say will reduce workers pay-outs. As a result, a judicial inquiry into the
reforms has been commissioned which will stall the full implementation of
the law until its expected report on August 17, 2001. See " Workers'
<http://www.labor.net.au/news/1148.html> Compensation Reform."
<mailto:paul.brown@bakernet.com> paul.brown@bakernet.com or
<mailto:chris.oliver@bakernet.com> chris.oliver@bakernet.com   Alert Date:
8/1/01

AU - REPORT ENCOURAGES STRATEGIC DOWNSIZING: A recent Australian study of
industry restructuring has found that companies planning to downsize should
do so strategically and after consulting with employees or face the loss of
core skills and employee commitment. The study says downsizing in the 1990's
had mixed results, but where it was done as part of a strategic
re-organization to re-focus and improve a business, it has a much less
negative effect on employees. See " Downsizing In Australia
<http://www.ceda.com.au/Publications/010725Downsizing.htm> ."
<mailto:paul.brown@bakernet.com> paul.brown@bakernet.com or
<mailto:sally.woodward@bakernet.com> sally.woodward@bakernet.com   Alert
Date: 8/1/01

HK - HONG KONG IT SKILLS TASK FORCE ISSUES REPORT: The Task Force on IT
Manpower established to report IT manpower needs to the Hong Kong Government
has recently issued a draft of its findings and recommendations. The task
force suggested that Hong Kong should make it easier for overseas IT workers
to enter the country and set up IT-specific education in schools. See " IT
Task Force <http://www.newsbytes.com/news/01/167920.html> ."
<mailto:andreas.lauffs@bakernet.com> andreas.lauffs@bakernet.com or
<mailto:daniel.chan@bakernet.com> daniel.chan@bakernet.com   Alert Date:
8/1/01

IDminimum - LOCAL AND INTERNATIONAL MINIMUM WAGE LAWS CONFLICT: Existing
Indonesian law, Staatsblad 1925 No. 647, prohibits children under 14 years
old from working from 8 p.m. until 5 a.m. This law generally has been
interpreted to mean that children under 14 years old can work outside those
hours. However, in 1999, Indonesia ratified ILO Convention No. 138 of 1973
on the Minimum Age for Admission to Employment, which stipulates that the
minimum age for child labour is 15 years old. The convention was ratified by
local law No. 20 of 1999 and therefore supercedes law 647 and as such the
minimum working age in Indonesia is 15 and not 14 years of age. See "
Indonesia Wage Laws <http://www.bmck.com/gel/articles/Indonesia - Minimum
Working Age.doc> ."  <mailto:narendra.acharya@bakernet.com>
narendra.acharya@bakernet.com or  <mailto:duane.j.gingerich@bakernet.com>
duane.j.gingerich@bakernet.com   Alert Date: 8/1/01

INinformation - WEB-BASED EMPLOYEE BENEFITS PROGRAM: On July 17, 2001,
India-based Satyam Computer Services Ltd. announced that it entered into an
agreement with US-based Healthaxis Inc to become Healthaxis' primary
integration partner for deploying Insur-Enroll solutions. Insur-Enroll
provides a 24x7 web-based self-service environment for members and
employees. The solution supports an unlimited range of benefit plans such as
medical, dental, life, vision, and dependent care flexible spending
accounts. See " Internet-Based Benefits
<http://www.financialexpress.com/fe20010717/con4.html> ."
<mailto:narendra.acharya@bakernet.com> narendra.acharya@bakernet.com or
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com   Alert
Date: 8/1/01

JP - MATSUSHITA EYES EARLY RETIREMENT: On July 14, 2001, company officials
for Matsushita Electric Industrial Co. announced a voluntary early
retirement plan for employees. The plan as proposed marks a significant
departure from typical retirement plans in Japan. See " Matsushita Offers
Early Retirement
<http://www.japantimes.co.jp/cgi-bin/getarticle.pl5?nn20010715a9.htm> ."
<mailto:hideo.ohta@bakernet.com> hideo.ohta@bakernet.com or
<mailto:masatsugu.suzuki@bakernet.com> masatsugu.suzuki@bakernet.com   Alert
Date: 8/1/01

KR - UMBRELLA LABOUR GROUP PROTESTS IN SEOUL: On July 22, 2001, about 12,000
members of the Korean Confederation of Trade Unions (KCTU) held a rally in
downtown Seoul to protest the government suppression of the umbrella labour
group. See " Labour Group Protests
<http://www.koreaherald.co.kr/SITE/data/html_dir/2001/07/23/200107230037.asp
> ."  <mailto:nam.h.paik@bakernet.com> nam.h.paik@bakernet.com or
<mailto:hiroshi.kondo@bakernet.com> hiroshi.kondo@bakernet.com   Alert Date:
8/1/01

NPbonded - BONDED LABOUR IN NEPAL: Anti-Slavery, an activist labour group,
recently released a briefing on the description of the situation of bonded
labour in Nepal and a model letter to send to the Minister of Home Affairs
of Nepal to object to these alleged practices. See " Bonded-Labour
<http://www.antislavery.org/takeaction.htm> ."
<mailto:daniel.chan@bakernet.com> daniel.chan@bakernet.com or
<mailto:paul.tan@bakernet.com> paul.tan@bakernet.com   Alert Date: 8/1/01


NZ - MANUFACTURERS AND UNIONS CLAIM FREE TRADE AGREEMENT WILL PUNISH LOCAL
INDUSTRY: On July 18, 2001, the New Zealand Government commenced
negotiations with Hong Kong for an agreement to promote a two-way trade in
goods and services between the countries. Both manufacturers and unions in
the clothing industry have expressed concern that any agreement will allow
Chinese clothing and shoes to enter the country avoiding the current 19%
tariff imposed on them. See " Agreement Will Punish Industry
<http://www.stuff.co.nz/inl/index/0,1008,867365a1934,FF.html> ."
<mailto:paul.brown@bakernet.com> paul.brown@bakernet.com or
<mailto:kathleen.thornton@bakernet.com> kathleen.thornton@bakernet.com
Alert Date: 8/1/01

NZ - NEW ZEALAND UNION MEMBERSHIP INCREASES: A new survey has found that
union membership in New Zealand has increased for the first time in 15
years. The survey by Victoria University's industrial relations center found
that there were 319,000 union members in 2000, an increase of 16,100 over
the previous year. Commentators note that the new Employment Relations Act
appears to have contributed to an environment where workers feel better
about joining unions. See " More People Joining Unions
<http://www.nzherald.co.nz/business/businessstorydisplay.cfm?storyID=200043&
thesection=business&thesubsection=general&thesecondsubsection=&thetickercode
> ."  <mailto:paul.brown@bakernet.com> paul.brown@bakernet.com or
<mailto:kathleen.thornton@bakernet.com> kathleen.thornton@bakernet.com
Alert Date: 8/1/01

NZ - GOOD FAITH BARGAINING TEST CASE: A landmark test case of New Zealand's
new good faith bargaining laws was recently heard by the Employment
Relations Authority. The Authority has yet to rule on the case in which a
union alleged Independent Newspapers Ltd. and 10 subsidiary newspaper
companies had failed to bargain in good faith on a multi-employer collective
agreement. The union alleges it was stonewalled by the company which, it
claims, did not properly consider or negotiate the union's claim. See " Good
Faith Bargaining Test Case
<http://www.stuff.co.nz/inl/index/0,1008,852731a11,FF.html> ."
<mailto:michael.michalandos@bakernet.com> michael.michalandos@bakernet.com
or  <mailto:kathleen.thornton@bakernet.com> kathleen.thornton@bakernet.com
Alert Date: 8/1/01

NZ - NEW WEB SITE FOR EMPLOYERS IN NEW ZEALAND: The New Zealand Government
has recently developed a web site, targeted at overseas business people,
allowing access to immigration policies and procedures and links to other
relevant web sites for people moving or traveling to the country. See " New
<http://www.business-migrants.govt.nz/> Zealand Resource."
<mailto:paul.brown@bakernet.com> paul.brown@bakernet.com or
<mailto:elizabeth.ferrier@bakernet.com> elizabeth.ferrier@bakernet.com
Alert Date: 8/1/01

NZ - NEW ZEALND HACKER CONVICTED IN LANDMARK CASE: A landmark court case has
recently resulted in the conviction of a hacker who deleted thousands of
home pages from a server based in the United States. The impact of the case
on employer liability for employee Internet activity is a key to the
verdict. See " Hacker Convicted
<http://www.newsbytes.com/news/01/168118.html> ."
<mailto:nicole.vanderhoek@bakernet.com> nicole.vanderhoek@bakernet.com or
<mailto:peter.vitale@bakernet.com> peter.vitale@bakernet.com   Alert Date:
8/1/01

NZ - NEW ZEALAND PARTY CRITICIZES CYBERSNOOPING: New Zealand's Green Party
is claiming that a government committee has ignored public concerns about
the privacy of electronic communications from police snooping. New Zealand's
Law and Order Select Committee has been holding hearings on the proposed
Crimes Amendment Bill (No 6), which would criminalize hacking. The Green
Party fears that the law would give the police and intelligence services the
right to hack into citizens' computers and intercept all e-mail traffic
passing through and within New Zealand. The measure also would dramatically
impact employees and employers. See " New
<http://www.newsbytes.com/news/01/168208.html> Zealand E-Mail Monitoring."
<mailto:kathleen.thorton@bakernet.com> kathleen.thorton@bakernet.com or
<mailto:mary.maher@bakernet.com> mary.maher@bakernet.com   Alert Date:
8/1/01

NZ - WOMEN RALLY FOR PAID PARENTAL LEAVE: Women in Wellington and Auckland
rallied for the introduction of paid parental leave on July 25, 2001. The
campaign, organized by the New Zealand Council of Trade Unions, called on
the New Zealand Government to introduce fourteen weeks paid parental leave
for working women. The organizers claims that paid parental leave is a
gender equity issue and the entitlement would bring New Zealand within
current International Labour Organisation standards. See: " Women
<http://new.newsroom.co.nz/story/56758-33-0.html> Rally For Paid Parental
Leave."  <mailto:paul.brown@bakernet.com> paul.brown@bakernet.com or
<mailto:kathleen.thornton@bakernet.com> kathleen.thornton@bakernet.com
Alert Date: 8/1/01

NZ - LEGAL ACTION LIKELY OVER LIST OF UNFIT EMPLOYEES: Employees of
state-owned enterprise Asure New Zealand may take legal action over a secret
hit list of employees destined for dismissal. The list when revealed caused
an industrial row last year which lead to an employer commissioned review by
a local employment lawyer. The review, released on July 25, 2001, concluded
that none of the inspectors suffered any disadvantage from being named on
the list. However, a number of the workers disagree and have indicated they
file suit against Asure as a result of the list. See " Legal Action Likely
Over List <http://www.stuff.co.nz/inl/index/0,1008,879334a11,FF.html> ."
<mailto:paul.brown@bakernet.com> paul.brown@bakernet.com or
<mailto:kathleen.thornton@bakernet.com> kathleen.thornton@bakernet.com
Alert Date: 8/1/01

PH - FILIPINO WEB SITE PRESENTS DATABASE OF KNOWLEDGE WORKERS: The
Phillipines Department of Trade and Industry has recently developed a
website to allow professionals, organizations, and businesses to post their
skills, products, and services on the World Wide Web. The site keeps a
database of professionals, associations, and corporation listed in over
2,000 categories from key cities in the Philippines. See " Cityprosdb
<http://www.cityprosdb.com/> ," and " Website
<http://www.newsbytes.com/news/01/167932.html> ."
<mailto:romeo.salonga@bakernet.com> romeo.salonga@bakernet.com or
<mailto:joseph.castillo@bakernet.com> joseph.castillo@bakernet.com   Alert
Date: 8/1/01

PH - HIGH COURT ASKED TO NULLIFY POWER LAW: Recently, interest groups
representing workers, peasants, woman, urban poor and youth have asked the
Philippine Supreme Court to nullify a law that will restructure the power
industry and privatise the debt-laden National Power Corporation. Workers
argue that the law promotes a Philippine economy controlled by foreign
interests in doing away with a foreign equity limit on public utilities as
specified in the constitution. See " Power Law
<http://news.findlaw.com/legalnews/s/20010718/energyphilippinesnapocor.html>
."  <mailto:jonathan.flaminiano@bakernet.com>
jonathan.flaminiano@bakernet.com or
<mailto:clavin.l.kohchet-chua@bakernet.com>
clavin.l.kohchet-chua@bakernet.com   Alert Date: 8/1/01

PHinternet - PHILIPPINE AGENCY TACKLES GOVERNMENT "E-HARASSMENT": The Civil
Service Commission in the Philippines has recently released a resolution
that requires all government officials and employees to refrain from sending
indecent messages over the Internet. The resolution, effective August 5,
2001, will ban public officials from sending sexist jokes, pornographic
pictures, and vulgar letters through electronic means, including e-mail,
mobile phones, and faxes. See " E-Harassment
<http://www.newsbytes.com/news/01/168212.html> ."
<mailto:romeo.salonga@bakernet.com> romeo.salonga@bakernet.com or
<mailto:gil.zerrudo@bakernet.com> gil.zerrudo@bakernet.com  Alert Date:
8/1/01

PHevidence - PHILIPPINE COURT APPROVES NEW RULES FOR ELECTRONIC EVIDENCE: On
August 1, 2001, new rules on electronic evidence used in civil proceedings
and administrative cases become effective based on an initiative of the
Philippines Supreme Court. The rules cover all electronic documents, such as
business records, certificates, and encrypted digital signatures. The rules
will apply to all varieties of labour proceedings. See " Philippines Rules
<http://www.newsbytes.com/news/01/168270.html> ."
<mailto:romea.salonga@bakernet.com> romea.salonga@bakernet.com or
<mailto:gil.zerrudo@bakernet.com> gil.zerrudo@bakernet.com   Alert Date:
8/1/01

TH - THAI POLICE RAID STOCK FIRMS: On July 26, 2001, Thai police arrested 81
foreigners on two "boiler room" trading firms thought to be selling stock in
fake companies. The companies were suspected of operating unlicensed
securities services and may have engaged in fraud against foreign investors.
See " Stock Firms Raided
<http://news.findlaw.com/ap_stories/i/1104/7-26-2001/20010726131654910.html>
."  <mailto:anurat.tiyaphorn@bakernet.com> anurattiyaphorn@bakernet.com or
<mailto:suriyong.tungsuwan@bakernet.com> suriyong.tungsuwan@bakernet.com
Alert Date: 8/1/01

TW - TAIWAN'S JOBLESS RATE HIT RECORD HIGH IN JUNE: On July 23, 2001,
Taiwanese officials announced that unemployment had reached a record high of
4.5% in June of 2001 and may climb further in the course of the current
economic slump. The government has said that an estimated 57,000 jobs will
be created by the planned spending of US$24 billion on public projects as
part of an economic stimulus package, which should come into effect by the
end of the year. See " Taiwan Hits Record Jobless Rate
<http://biz.thestar.com.my/news/story.asp?file=/01/7/23/story4352&sec=busine
ss> ."  <mailto:sheana.chen@bakernet.com> sheana.chen@bakernet.com or
<mailto:corl.hsu@bakernet.com> corl.hsu@bakernet.com   Alert Date: 8/1/01


VN - ENTERPRISES APPLY 40 HOUR WORKING REGIME: The Ho Chi Minh City (HCMC)
Council has recently reported that by late January of 2001, HCMC had 81
enterprises applying the 40-hour working regime, which can ensure sufficient
income for their workers. See " 40 Hour Working Regime
<http://www.bmck.com/gel/articles/Vietnam - 81 Enterprises Apply 40 Hour
Working Regime.doc> ."  <mailto:fred.burke@bakernet.com>
fred.burke@bakernet.com or  <mailto:oliver.massmann@bakernet.com>
oliver.massmann@bakernet.com   Alert Date: 8/1/01

VN - DAEWOOSA'S CLOSURE FORCES WORKERS TO REPATRIATE: Workers at the
Daewoosa Company in Samoa were recently terminated when managers officially
shut down the plant. Daewoosa has been the subject of intense criticism by
workers rights activists in Vietnam as a result of the plant closure. See "
Daewoosa Closes <http://www.bmck.com/gel/articles/Vietnam - Daewoosa
Closure.doc> ."  <mailto:fred.burke@bakernet.com> fred.burke@bakernet.com or
<mailto:oliver.massmann@bakernet.com> oliver.massmann@bakernet.com   Alert
Date: 8/1/01

VN - PROGRESS IN GENDER EQUALITY AND ADVANCEMENT OF WOMEN IN VIETNAM:
Progress in gender equality and advancement of women in Vietnam has recently
been reported to the Vietnamese Anti-Discrimination Committee, as the
process of reviewing compliance with the UN Convention continues. The report
concluded Vietnam had encouraging achievements in job creation, poverty
alleviation, health care, and family planning. Women rights were all
improved, including equal pay, social welfare, and protection of health and
safety in working conditions. See " Vietnam Complies With UN Convention
<http://www.vietnamembassy-usa.org/news/newsitem.php3?datestamp=200107121522
49> ."  <mailto:fred.burke@bakernet.com> fred.burke@bakernet.com or
<mailto:oliver.massmann@bakernet.com> oliver.massmann@bakernet.com   Alert
Date: 8/1/01

VN - VIETNAM-U.S. COOPERATION ON IMMIGRATION ISSUE: According to recent U.S.
statistics, only a small number of Vietnam-U.S. immigration cases remain to
be settled, as the two nations have had strong cooperation regarding the
issue throughout the last two years. See " Vietnam-US Immigration
Cooperation
<http://www.vietnamembassy-usa.org/news/newsitem.php?datestamp=2001062917032
5> ."  <mailto:fred.burke@bakernet.com> fred.burke@bakernet.com or
<mailto:oliver.massmann@bakernet.com> oliver.massmann@bakernet.com   Alert
Date: 8/1/01

VN - HCMC GETS TOUGH ON FOREIGN WORKERS' INCOME TAX COLLECTION: The Ho Chi
Minh City (HCMC) Service of Trade has recently supported legislation
requiring foreign workers to submit their payroll books from other countries
before moving into Vietnam for work. The deputy director said the move would
ensure supervision of personal income and aid in income tax collections from
foreign workers. See " HCMC Income Tax Regulation
<http://www.bmck.com/gel/articles/Vietnam - Foreign Workers Income Tax
Collection.doc> ."  <mailto:fred.burke@bakernet.com> fred.burke@bakernet.com
or  <mailto:oliver.massmann@bakernet.com> oliver.massmann@bakernet.com
Alert Date: 8/1/01

VN - LABOUR RESTRUCTURING LAGS BEHIND DEMAND: The Vietnamese labour
structure has undergone many changes in the past decade. However, most
recently, some have suggested that it has not met the needs for economic
development. See " Labour Statistics
<http://www.bmck.com/gel/articles/Vietnam - Labor Restructuring Lags.doc> ."
<mailto:fred.burke@bakernet.com> fred.burke@bakernet.com or
<mailto:oliver.massmann@bakernet.com> oliver.massmann@bakernet.com  Alert
Date: 8/1/01

VN - LABOURERS RECEIVE NO UNEMPLOYMENT ALLOWANCES: The Vietnamese Ministry
of Labour, War Invalids, and Social Affairs (MoLISA) has recently
promulgated Circular No. 2, which guides the abolition of cases in which
workers are entitled to out-of-work allowances after termination of their
contract. See " Abolition Of Point 4 In Article III
<http://www.bmckcom/gel/articles/Vietnam - Unemployment Allowances.doc> ."
<mailto:fred.burke@bakernet.com> fred.burke@bakernet.com or
<mailto:oliver.massmann@bakernet.com> oliver.massmann@bakernet.com   Alert
Date: 8/1/01

VN - WORK ACCIDENTS CONTINUE TO PLAGUE HO CHI MIHN CITY: According to recent
reports from the Ho Chi Minh City (HCMC) Labor Protection Committee, 160
work-related accidents were reported in the last five years, leaving 180
people dead and 41 injured. Factors that contributed to these accidents were
non-compliance with safety regulations, faulty machinery, and poor working
conditions. See " HCMC Accident Statistics
<http://www.bmck.com/gel/articles/Vietnam - Work Accidents Plague.doc> ."
<mailto:fred.burke@bakernet.com> fred.burke@bakernet.com or
<mailto:oliver.massmann@bakernet.com> oliver.massmann@bakernet.com   Alert
Date: 8/1/01

VN - LABOR EXPORTERS GET JAIL TERMS: The Hanoi Peoples Court recently
sentenced the ex-director and chief accountant of Vietnam's International
Manpower Supply Company (IMS) to prison for their involvement in a recent
labour export disturbance in American Samoa. See " Labor Exporters Get
Prison Sentence <http://www.bmck.com/gel/articles/Vietnam - Labor Exporters
Get Jail Terms.doc> ."  <mailto:fred.burke@bakernet.com>
fred.burke@bakernet.com or  <mailto:oliver.massmann@bakernet.com>
oliver.massmann@bakernet.com   Alert Date: 8/1/01

VN - MIGRANTS FLOODING MAJOR CITIES: Recent demographic research conducted
by the Vietnamese Ministry of Planning and Investment has concluded that the
migrant workforce has boosted populations in Vietnam's three largest cities,
Ho Chi Minh City, Hanoi, and Hai Pong. See " Migrants Flooding Major Cities
<http://www.bmck.com/gel/articles/Vietnam - Migrants Flooding Major
Cities.doc> ."  <mailto:fred.burke@bakernet.com> fred.burke@bakernet.com or
<mailto:oliver.massmann@bakernet.com> oliver.massmann@bakernet.com  Alert
Date: 8/1/01

VN - FEWER STRIKES AT FOREIGN INVESTED COMPANIES: The Foreign Employment
Management Division at the Ho Chi Minh City Department of Labour, Invalids
and Social Affairs has recently reported there are fewer strikes at foreign
invested companies. See " Fewer Strikes
<http://www.bmck.com/gel/articles/Vietnam - Foreign Invested Companies.doc>
."  <mailto:fred.burke@bakernet.com> fred.burke@bakernet.com or
<mailto:oliver.massmann@bakernet.com> oliver.massmann@bakernet.com   Alert
Date: 8/1/01


Europe___CISEurope & CIS	 top
ATdismissal - U.S. JUDGE TO DISMISS AUSTRIAN HOLCAUST LITIGATION: On July
25, 2001, a U.S District Judge ruled she would dismiss litigation by
Nazi-era slave labourers against the Austrian Government and Austrian
companies to allow a compensation fund to begin making payments. Austria has
demanded that Holocaust-related litigation in the United States be dropped
before the fund begins making payments. See " Austrian Holocaust Litigation
<http://news.findlaw.com/legalnews/s/20010725/holocaustlawsuits.html> ."
<mailto:guenther.heckelmann@bakernet.com> guenther.heckelmann@bakernet.com
or  <mailto:gregor.dornbusch@bakernet.com> gregor.dornbusch@bakernet.com
Alert Date: 8/1/01

CZ - EMPLOYMENT REPORT RELEASED FOR THE CZECH REPUBLIC: The Czech Labour
Force recently released a survey measuring employment in organizations and
companies. The survey also identifies the latest patterns in employment by
sex, age, qualification, industry, and employment status. See " Labour Force
Sample Survey <http://www.czso.cz/eng/figures/3/31/3102011q/s310211q.htm> ."
<mailto:marek.kreisl@bakernet.com> marek.kreisl@bakernet.com or
<mailto:gabriela.vendlova@bakernet.com> gabriela.vendlova@bakernet.com
Alert Date: 8/1/01

DEregulations - CHANGES OF IMMIGRATION REGULATIONS TO BE EXPECTED: On July
4, 2001, the independent Immigration Commission initiated by the German
Federal Ministry of the Interior published its immigration report. The
recommendations of the Commission as published in the report will in all
probability influence new German legislation regarding immigration
regulations. Among many other simplifications, it is planned to grant an
unlimited residence right for highly-qualified employees that will entitle
them to immediate and unlimited access to the labour market. See " Report Of
The Independent Commission <http://www.bmi.bund.de/frameset/index.jsp> ."
<mailto:gabriele.mastmann@bakernet.com> gabriele.mastmann@bakernet.com or
<mailto:guenther.heckelmann@bakernet.com> guenther.heckelmann@bakernet.com
Alert Date: 8/1/01

DE - LETTER OF REFERENCE HAS TO BE SIGNED BY SUPERIOR: Under German law,
employees are entitled to be granted a letter of reference upon termination
of employment. According to a most recent ruling of the German Federal Labor
Court, such letter of reference will either have to be signed by the
company's legal representatives or - if signed by another employee - will
have to indicate that the signer was a superior of the employee. Signature
of a former colleague, in contrast, is not sufficient. See " German Federal
<http://www.bundesarbeitsgericht.de/> Labour Court Ruling."
<mailto:jacqueline.piran@bakernet.com> jacqueline.piran@bakernet.com or
<mailto:markus.kappenhagen@bakernet.com> markus.kappenhagen@bakernet.com
Alert Date: 8/1/01

DE - COMPANY CAR DAMAGES TO BE COMPENSATED BY THE EMPLOYEE: An employee
causing an accident with a company car might be asked for damage
compensation under applicable provisions of German law. The District Labour
Court of Rineland-Palatinate recently ruled that an employee will have to
share the damages with the employer if he or she caused the accident by
negligence. The exact amount of repair costs to be reimbursed by the
employee will depend on the individual circumstances. See " Company Car
Accident Ruling
<http://www.handelsblatt.com/hbiwwwangebot/fn/relhbi/sfn/buildhbi/cn/GoArt!2
00014,201174,441921/SH/0/depot/0/index.html> ."
<mailto:bernhard.trappehl@bakernet.com> bernhard.trappehl@bakernet.com or
<mailto:jacqueline.piran@bakernet.com> jacqueline.piran@bakernet.com   Alert
Date: 8/1/01

DE - HARMFUL EVIDENCE STATEMENT DOES NOT JUSTIFY TERMINATION FOR CAUSE:
Giving burdensome evidence against an employer to the public prosecution
does not justify an employee's termination for cause. This holds true even
if the employer did not commit any criminal offense, but was on suspicion
erroneously. According to a recent ruling of the German Federal
Constitutional Court, participation in public proceedings as such is part of
civic duties and must therefore not lead to any disadvantages for the
employee, even if he or she inadvertently has falsely cast suspicion on
their employer. See " German Federal Constitutional Court Decision
<http://www.bverfg.de/cgi-bin/link.pl?entscheidungen> ."
<mailto:jacqueline.piran@bakernet> jacqueline.piran@bakernet or
<mailto:gregor.dornbusch@bakernet.com> gregor.dornbusch@bakernet.com   Alert
Date: 8/1/01

DE - THREAT OF STRIKE AGAINST THURINGIA RETAIL INDUSTRY: After labour
negotiations between the Thuringia Retail Employers Association and works
union broke off, a spokesman of the Verdi works union announced strikes for
retail summer sales in August of 2001. Cause for the conflict is in
particular the 2.7% salary increase already agreed upon. Whilst workers wish
the increases to be granted with retroactive effect as of May of 2001,
employers tend to suspend salary increases for some months in view of the
lower purchasing power in Germany. See " Threatening Strikes in Thuringia
<http://www.handelsblatt.com/hbiwwwangebot/fn/relhbi/sfn/buildhbi/cn/GoArt!2
00014,201172,442227/SH/0/depot/0/index.html> ."
<mailto:andre.sayatz@bakernet.com> andre.sayatz@bakernet.com or
<mailto:jacqueline.piran@bakernet.com> jacqueline.piran@bakernet.com   Alert
Date: 8/1/01

DE - GERMAN START-UP WORKERS UNHAPPY AND SEEKING NEW JOBS: According to a
recent survey commissioned by various German news publications, the "new
economy" in Germany is filled with unhappy workers. Eighty percent of
non-management employees at start-ups wanted to leave their companies, and
eighty-eight percent wanted to return to the security of old economy
companies. See " New Economy <http://www.newsvytes.com/news/01/168389.html>
."  <mailto:jan.valentin@bakernet.com> jan.valentin@bakernet.com or
<mailto:gregor.dornbusch@bakernet.com> gregor.dornbusch@bakernet.com   Alert
Date: 8/1/01

ES - IBERIA AIRLINE PILOTS CANCEL STRIKE: On July 14, 2001, Iberian airline
pilots called off a series of summer strikes after the Spanish Government
brought in a mediator to negotiate a pay dispute. See " Strike
<http://www.msnbc.com/news/601133.asp> Ended."
<mailto:pamela.mafuz@bakernet.com> pamela.mafuz@bakernet.com or
<mailto:jose.prieto@bakernet.com> jose.prieto@bakernet.com   Alert Date:
8/1/01

ES - SPAIN'S BULLFIGHTING INDUSTRY THREATENS TO STRIKE OVER GOVERNMENT
RESTRICTIONS: On July 16, 2001, matadors, breeders, and other players in
Spain's bullfighting industry threatened to strike over restrictions the
government plans to impose that are designed to protect consumers from mad
cow disease. The industry maintains that if demands are not met, a strike
will take place in occupations throughout Spain's bullfighting industry. See
" Bullfighting Industry Threatens To Strike
<http://www.nandotimes.com/world/story/44091p-683975c.html> ."
<mailto:fermin.guardiola@bakernet.com> fermin.guardiola@bakernet.com or
<mailto:eugenia.alvarez@bakernet.com> eugenia.alvarez@bakernet.com   Alert
Date: 8/1/01

ES - IMMIGRANTS FOUND DEAD IN SPAIN: On July 16, 2001, police in Spain
reported the recovery of six bodies on the southern coast near the port of
Tarifa. The bodies are believed to be those of immigrants from North Africa
trying to enter Spain illegally. See " Immigrants Found Dead
<http://www.africast.com/article.cfm?newsID=19465> ."
<mailto:mteresa.franquesa@bakernet.com> mteresafranquesa@bakernet.com or
<mailto:pilar.tellez@bakernet.com> pilar.tellez@bakernet.com   Alert Date:
8/1/01

FI - EMPLOYMENT BULLETIN OF THE FINNISH MINISTRY OF LABOUR: On July 24,
2001, the Finnish Ministry of Labour released its Employment Bulletin for
the month of June of 2001. The Bulletin surveys employment prospects and a
myriad of issues of significance for employers. See " Employment
<http://www.mol.fi/katsaukset/tile200106.htm> Bulletin."
<mailto:anita.de.jong@bakernet.com> anita.de.jong@bakernet.com or
<mailto:theo.l.van.maaren@bakernet.com> theo.l.van.maaren@bakernet.com
Alert Date: 8/1/01

FR - EBAY FRANCE BENDS TO STRIKERS: On July 24, 2001, a two-day long strike
ended as workers from iBazar, a French auction site, and management from its
parent company, eBay, negotiated a deal with the picketers. The strike was
in protest of the lay-off of 50 workers who had demanded leaving bonuses and
overtime pay. See " eBay France Strike Ends
<http://www.thestandard.com/article/0,1902,28214,00.html> ."
<mailto:gilles.jolivet@bakernet.com> gilles.jolivet@bakernet.com or
<mailto:alexandre.jaurett@bakernet.com> alexandre.jaurett@bakernet.com
Alert Date: 8/1/01

FRcharters - AIR FRANCE'S MAGNA CARTA FOR EMPLOYEES' RIGHTS: Air France's
direction and the employee representatives within the Air France group
recently entered into an "Ethical and Social Charter" which shall apply to
all the employees of the group. This charter expressly refers to the United
Nations Human Rights Charter and to the European Union Fundamental Rights
Charter. By this charter, Air France undertakes to encourage employment
safety and stability and to favor the development of both a "responsible
social dialogue" and a trust relationship at every level within the company.
This charter also aims at developing the financial profit-sharing with the
employees, encouraging professional mobility and the necessary adaptation of
the employees to new functions. sophie.cahen@bakernet.com
<mailto:Sophie.Cahen@bakernet.com>  or  <mailto:Gilles.Jolivet@bakernet.com>
gilles.jolivet@bakernet.com   Alert Date: 8/1/01

FR - M&S FRENCH CLOSURES ON HOLD: Marks & Spencer (M&S) has recently
announced it has suspended moves to close 18 of its stores in France. M&S
France chairman Alain Juillet said that in searching for a buyer, M & S
would favour a sole purchaser for all the stores, which would guarantee over
1,700 jobs. See " M
<http://news.bbc.co.uk/hi/english/business/newsid_1455000/1455391.stm> &S
Looks For Buyer."  <mailto:gilles.jolivet@bakernet.com>
gilles.jolivet@bakernet.com or  <mailto:loic.heron@bakernet.com>
loic.heron@bakernet.com   Alert Date: 8/1/01

FR - FRENCH UNION CONDEMNS ITALIAN POLICE REPRESSION: On July 24, 2001,
France's largest trade union denounced alleged Italian police repression at
the recent G-8 Summit in Genoa, Italy. The union called for protest
demonstrations around France to highlight its condemnation of the G-8
incidents. The Communist-led CGT union claimed the police tarnished the work
of the superpower summit. See " Union Condemns Italian Police
<http://aaa.alertnet.org/thenews/newsdesk/L24256378> ."
<mailto:christine.lagarde@bakernet.com> christine.lagarde@bakernet.com or
<mailto:denise.broussal@bakernet.com> denise.broussal@bakernet.com   Alert
Date: 8/1/01

GR - GREEK STRIKE CLOSES ANCIENT SITES: On July 24, 2001, Greek culture
ministry employees went on strike demanding higher pay and contract
renewals. The strike has forced the Athens Acropolis and other ancient sites
across Greece to close down. See " Culture Workers Strike
<http://europe.cnn.com/2001/WORLD/europe/07/24/greece.strike/index.html> ."
<mailto:akos.fehervary@bakernet.com> akos.fehervary@bakernet.com or
<mailto:konrad.siegler@bakernet.com> konrad.siegler@bakernet.com   Alert
Date: 8/1/01

GR - GREEK IMMIGRANT SMUGGLERS SENTENCED TO PRISON: On July 12, 2001, a
Greek immigrant smuggler was convicted and sentenced to 43 years in prison
for smuggling 43 Albanian immigrants into Greece. The sentencing is against
a backdrop where thousands of immigrants from the Middle East and Albania
sneak into Greece each year to live and work. See " Greek Immigrant Smuggler
<http://www.turkishdailynews.com/old_editions/07_14_01/for3.htm> ."
<mailto:lynda.s.zengerle@bakernet.com> lynda.s.zengerle@bakernet.com or
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com   Alert
Date: 8/1/01

GR - MODERN SLAVE TRADE COMMON IN GREECE: On July 13, 2001, the U.S.
Department of State released its first annual report on the growing problem
of slave trade. Greece falls into the worst tier on the report, as it is
both a transit point and a destination country for trafficking. See " Slave
Trade in Greece <http://www.ekathimerini.com/news/content.asp?aid=89318> ."
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com or
<mailto:stewart.d.saxe@bakernet.com> stewart.d.saxe@bakernet.com   Alert
Date: 8/1/01

NL - WORKS COUNCIL DISPUTE REGARDING SAFETY HELMET: Following safety
regulations based on the Dutch Working Conditions Act, Corus Packaging Plus
has recently introduced an obligation to wear safety helmets throughout its
entire factory. As the Works Council was not asked to give its approval on
this measure, the Cantonal Court of Haarlem ruled that Corus had failed to
observe employees' participation rights laid down in the Works Council Act
and therefore ordered Corus to reverse its decision.
<mailto:mirjam.a.de.blecourt@bakernet.com> mirjam.a.de.blecourt@bakernet.com
or  <mailto:steffan.j.dejong@bakernet.com> steffan.j.dejong@bakernet.com
Alert Date: 8/1/01

NL - GROUP PRACTICE OF ACCOUNTANTS AND LAWYERS: According to Attorney
General L?ger of the European Court of Justice, Dutch regulations that
prohibit a joint cooperation between accountants and attorneys are not
unreasonable. A cooperation between the two professions could have a
negative effect on those obligations characteristic for lawyers, such as
professional secrecy and the necessity to avoid conflict of interests.
<mailto:karin.w.m.bodewes@bakernet.com> karin.w.m.bodewes@bakernet.com or
<mailto:anouk.reitsma@bakernet.com> anouk.reitsma@bakernet.com   Alert Date:
8/1/01

NLdataprivacy - REGULATION ON DATA PRIVACY: The new Dutch Exemption Decree
on Data Privacy was recently entered in the Bulletin of Acts and Decrees.
The Exemption Decree provides what personal data are exempted for what
purposes from the registration obligation with the Dutch Data Protection
Board, referred to in the new Dutch Data Privacy Act. The latter will most
probably enter into force in September of 2001.
<mailto:joseph.f.van.vlijmen@bakernet.com> joseph.f.van.vlijmen@bakernet.com
or  <mailto:remke.scheepstra@bakernet.com> remke.scheepstra@bakernet.com
Alert Date: 8/1/01

NOunequal - NORWEGIAN WOMEN STILL EARN LESS THAN MEN: A recent United
Nations report has concluded that Norwegian women earn 37% less than
Norwegian men performing similarly situated work. See " Equal Pay In Norway
<http://www.norwaypost.no/content.asp?folder_id=1&cluster_id=16903> ."
<mailto:sten.bauer@bakernet.com> sten.bauer@bakernet.com or
<mailto:johan.karlman@bakernet.com> johan.karlman@bakernet.com   Alert Date:
8/1/01

RU - ICFTU CONDEMNS RUSSIA OVER NUCLEAR AND ARMS WITH BURMA: The Russian
Government's recent move to go ahead with a plan to sell a nuclear reactor
and military aircraft to Burma has alerted concerns from the International
Confederation of Free Trade Unions (ICFTU). The ICFTU, currently leading a
world-wide campaign against Burma for its alleged use of forced labour, has
petitioned the Russian President to end both transactions, as the ICFTU
believes they would encourage further oppression of the Burmese people and
ethnic nationalities by the military regime. See " ICFTU Condemns Russia
<http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213186> ."
<mailto:jean.brough@bakernet.com> jean.brough@bakernet.com or
<mailto:julia.borozdna@bakernet.com> julia.borozdna@bakernet.com   Alert
Date: 8/1/01

RU - RUSSIAN ACTIVISTS CLAIM MISSPENDING OF GERMAN PAYMENTS FOR NAZI-ERA
VICTIMS: On July 23, 2001, the Russian Fund for Understanding Reconciliation
claimed that millions of marks Germany had provided as compensation for
Nazi-era slave labour victims were misspent. The foundation helps survivors
of concentration camps and ghettos, and those forced into labour during the
Nazi-era prepare documents to demonstrate they are entitled to compensation.
See " Misspent Monies
<http://news.findlaw.com/ap_stories/l/0000/7-24-2001/20010724152117690.html>
."  <mailto:mariana.marchuk@bakernet.com> mariana.marchuk@bakernet.com or
<mailto:jean.brough@bakernet.com> jean.brough@bakernet.com   Alert Date:
8/1/01

RULabourCode - THE LONG EXPECTED LABOUR CODE APPROVED: On July 5, 2001, the
Russian State Duma approved the long expected new Labour Code. Both
employers and employees are now entitled to form their own organizations. In
addition, the new Labour Code permits an enterprise to have several trade
unions with the owner of each enterprise having to sign collective
bargaining agreements with each union. See " Labour Code
<http://www.bmck.com/gel/articles/Russia - New Labor Code.doc> ."
<mailto:Evgeny.reyzman@bakernet.com> evgeny.reyzman@bakernet.com or
<mailto:katerina.p.lewinbuk@bakernet.com> katerina.p.lewinbuk@bakernet.com
Alert Date: 8/1/01

RU - PROTESTS AGAINST ALLEGED CHEMICAL CONTAMINATION: On July 15, 2001, in
reaction to violation of an agreement by the management of the
publicly-owned company Astrakhan-Gasprom, residents of the area surrounding
the Gazprom plant formed a picket line along the main highway used by
Gazprom. Because no trade union negotiations began, a group of 100 people,
almost all women, attempted to block the roadway in order to stop trucks
that transport sulphur for Gazprom. The police arrived and, together with
the Gazprom security personnel, used force against the protesters. As a
result, a pregnant woman was severely beaten and other women suffered bodily
injuries. See " Pregnant Woman Beaten In Protest Against Chemical
<http://members.aol.com/ISWoR/news/gazoutcome7-01.html> Contamination By
Gazprom."  <mailto:Marina.marchuk@bakernet.com> marina.marchuk@bakernet.com
or  <mailto:katerina.p.lewinbuk@bakernet.com>
katerina.p.lewinbuk@bakernet.com   Alert Date: 8/1/01

UK - FAMERS UNION MULLS LEGAL ACTION OVER FOOT AND MOUTH: On July 17, 2001,
Britain's National Farmers' Union (BFU) announced it was preparing to bring
legal action against the farm ministry over cuts in foot-and-mouth disease
welfare payments. See " Farmers To Bring Suit
<http://newsfindlaw.com/legalnews/s/20010717/fooddiseasebritaincompensation.
html> ."  <mailto:john.evason@bakernet.com> john.evason@bakernet.com or
<mailto:christine.obrien@bakernet.com> christine.obrien@bakernet.com   Alert
Date: 8/1/01

UK - BRITAIN PROPOSES FEE FOR WORKERS TO TAKE CASES TO EMPLOYMENT TRIBUNALS:
On July 20, 2001, the British Government encountered harsh criticism from
labour and employee rights groups after announcing proposed legislation that
would include charging workers for taking cases to employment tribunals. The
fee would be modest and is designed to speed up processing the case load.
See " Employment Tribunal Fee
<http://newsbbc.co.uk/hi/english/uk_politics/newsid_1448000/1448635.stm> ."
<mailto:nigel.moss@bakernet.com> nigel.moss@bakernet.com or
<mailto:chrisitne.obrien@bakernet.com> chrisitne.obrien@bakernet.com   Alert
Date: 8/1/01

UK - CABIN CREW ILLNESS CAUSED BY AIR RAGE: A recent study by the Transport
and General Workers Union (TGWU) for a BBC programme concluded that
three-quarters of aircraft cabin crew are suffering from illnesses because
of stress brought on by violent and abusive passengers. Nearly all UK flight
attendants surveyed said air rage was on the increase and is becoming a
growing concern. See " Air Rage Causes Stress
<http://www.ananova.com/business/story/sm_357226.html> ."
<mailto:michael.ingle@bakernet.com> michael.ingle@bakernet.com or
<mailto:ellen.temperton@bakernet.com> ellen.temperton@bakernet.com   Alert
Date: 8/1/01

UK - JAIL SENTENCE FOR MAN WHO DELETED WEB-SITE DATA UPHELD: On July 18,
2001, a criminal court imposed a sentence of nine months' imprisonment on an
employee, who had in revenge for his dismissal by his employer had gained
unauthorised entry into three web sites and deleted certain data with the
aim of causing damages to the employer. See "(R. v. Lindesay) New Law Online
<http://www.newlawonline.co.uk/> " (subscription required).
<mailto:John.evason@bakernet.com> john.evason@bakernet.com or
<mailto:nigel.moss@bakernet.com> nigel.moss@bakernet.com   Alert Date:
8/1/01

UK - PREGNANT FEMALE ZOOKEEPER WHO REFUSED TO FEED TIGERS WINS CLAIM: A zoo
keeper who was ordered to place food on a ladder in order to feed tigers
despite being three months pregnant was recently awarded ?30,000 by an
employment tribunal. Told that if she could no longer do the job she was of
no use, the applicant left her job and claimed constructive dismissal.
<mailto:sarah.gregory@bakernet.com> sarah.gregory@bakernet.com or
<mailto:christine.obrien@bakernet.com> christine.obrien@bakernet.com   Alert
Date: 8/1/01

UKTribunal - REFORMS TO THE EMPLOYMENT TRIBUNAL SYSTEM: Changes have been
made to the employment tribunal rules which are effective on July 16, 2001.
The changes are designed to help tribunals manage cases fairly, quickly, and
effectively, and also to reject unmeritorious applications at an early
stage. A new overriding objective of the rules requires tribunals to deal
with cases justly. Tribunals also now have new powers of case management.
<mailto:ellen.temperton@bakernet.com> ellen.temperton@bakernet.com or
<mailto:sarah.gregory@bakernet.com> sarah.gregory@bakernet.com   Alert Date:
8/1/01

UK - IMPROVING DISPUTE RESOLUTION PROCEDURES: The UK Department of Trade and
Industry recently published a consultation paper outlining new proposals for
further streamlining employment tribunal procedures and clearing the log jam
of cases. Among the various proposals is the imposition of a ?100 fee for
initiating tribunal claims. The consultation period ends in October of 2001.
<mailto:ellen.temperton@bakernet.com> ellen.temperton@bakernet.com or
<mailto:christine.obrien@bakernet.com> christine.obrien@bakernet.com   Alert
Date: 8/1/01

UK - STRIKING BRITISH WORKERS CALL FOR SUPPORT: Workers in Wales have
recently discovered that new employment protection measures introduced by
UK's Labour Government fail to restore the right to strike. Members of the
Transport and General Workers Union have launched a call for support as the
dispute with their employers has become increasingly bitter. See " Striking
Workers Call For Support
<http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213083> ."
<mailto:peter.duff@bakernet.com> peter.duff@bakernet.com or
<mailto:christine.obrien@bakernet.com> christine.obrien@bakernet.com   Alert
Date: 8/1/01

ZR - AMNESTY INTERNATIONAL PROTESTS DETENTION OF RIGHTS WORKERS: On July 13,
2001, Amnesty International issued a statement protesting the continued
detention of human rights workers. Over 50 people are being detained because
they are suspects in the January of 2001 assassination of President
Laurent-Desire Kabila. See " Amnesty
<http://allafrica.com/stories/200107170285.html> International Protests."
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com or
<mailto:william.j.dorsey@bakernet.com> william.j.dorsey@bakernet.com   Alert
Date: 8/1/01


Africa_Middle_EastAfrica/Middle East	 top
BH - IT TRAINING ACADEMY TO BE LAUNCHED: On July 13, 2001 India-based
Pentasoft Technologies Ltd announced that it has joined hands with TAIB
Bank, a company listed in the Bahrain Stock Exchange, to set up an IT
Academy in Bahrain. The academy will provide for a national IT literacy
program in close association with the government of Bahrain. Pentasoft will
provide technology for the design, development, and conducting of courses at
the academy through technology transfers. See " Bahrain Training Academy
<http://www.financialexpress.com/fe20010713/corp4.html> ."
<mailto:andrew.boling@bakernet.com> andrew.boling@bakernet.com or
<mailto:samir.hamza@bakernet.com> samir.hamza@bakernet.com   Alert Date:
8/1/01

CM - INTERNATIONAL REPORT POINTS TO LABOUR VIOLATIONS: A recent report
published by the International Confederation of Free Trade Unions (ICFTU)
released findings of alleged interference by the Cameroon Government in
trade union activities, discrimination based on gender and ethnicity, and
widespread use of forced labour in prison. These findings are the latest in
a series of reports in accordance with a Declaration adopted at the 1st
Ministerial Conference of the World Trade Organisation (WTO) where Ministers
agreed to respect core labour standards. See " Workers' Rights
<http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213197> " and
" Labour Standards
<http://www.icftu.org/displaydocument.asp?DocType=WTOReports&Index=991213073
&Language=EN> ."  <mailto:andrew.j.boling@bakernet.com>
andrew.j.boling@bakernet.com or  <mailto:william.j.dorsey@bakernet.com>
william.j.dorsey@bakernet.com   Alert Date: 8/1/01

KE - DOCTORS SEEK MASSIVE PAY INCREASE: On July 25, 2001, a proposal for a
pay increase to government doctors was outlined in a memorandum from the
Kenya Medical Association to the Medical Services Minister. Poor pay is a
chief factor in the lack of government doctors. See " Doctors Seek Pay
Increase <http://allafrica.com/stories/printable/200107260453.html> ."
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com or
<mailto:william.j.dorsey@bakernet.com> william.j.dorsey@bakernet.com   Alert
Date: 8/1/01

MAmigrant - MOROCCAN MIGRANT QUOTA ESTABLISHED: Leaders from Spain and
Morocco recently signed an agreement that will allow up to 20,000 Moroccans
to enter Spain each year in search of employment. The agreement is designed
to reduce the number of Moroccans who make a dangerous journey across the
Straits of Gibraltar in an attempt to enter Spain illegally. See " Moroccan
Quota
<http://news.bbc.co.uk/hi/english/world/europe/newsid_1457000/1457410.stm>
."  <mailto:eduardo.garcia.calleja@bakernet.com>
eduardogarcia.calleja@bakernet.com or
<mailto:fermin.guardiola@bakernet.com> fermin.guardiola@bakernet.com   Alert
Date: 8/1/01

MZchildlabour - WARNING ON AIDS RISK FOR CHILD LABOUR: On July 23, 2001, the
United Nations Children's Fund (UNICEF) warned that child labourers in
Mozambique were at a high risk of contracting HIV/AIDS and vowed to
encourage the government to stop child labour. UNICEF's Child Protection
Officer reported that children under the age of 15 were working as
prostitutes in the country's most infected cities due to few employment
opportunities, poverty, and the liberalisation of the economy. See " Aids
Risk For Child Labour
<http://allafrica.com/stories/printable/200107250016.html> ."
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com or
<mailto:william.j.dorsey@bakernet.com> william.j.dorsey@bakernet.com   Alert
Date: 8/1/01

NG - SEX SLAVE SYNDICATE EXPOSED: On July 12, 2001, Nigerian police arrested
some 35 individuals for illegally recruiting teen girls to work as sex
slaves in Europe. Recruitment of teenagers as sex slaves often starts with
the temptation of employment oversees in Western countries. See " Sex Slave
Recruitment <http://allafrica.com/stories/200107140029.html> ."
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com or
<mailto:william.j.dorsey@bakernet.com> william.j.dorsey@bakernet.com   Alert
Date: 8/1/01

RW - CODE OF CONDUCT FOR NURSES AND MIDWIVES TO BE DRAFTED: On July 17,
2001, activists announced that new laws and a code of conduct to regulate
practising nurses and midwives in Rwanda will be drafted by local and
international expert nurses in the near future. See " Nursing Regulations
<http://allafrica.com/stories/printable/200107170291.html> ."
<mailto:andrew.j.boling@bakernet.com> andrew.jboling@bakernet.com or
<mailto:william.j.dorsey@bakernet.com> william.j.dorsey@bakernet.com   Alert
Date: 8/1/01

TN - UGTT CALLS FOR GREATER LIBERTIES: On July 14, 2001, the General
Secretary of the General Union of Tunisian Workers (UGTT) issued a call for
a greater democracy during his opening speech at the Regional Unions of
Workers Congress. He addressed various problems affecting Tunisia, including
trade union abuses, and stressed the importance of uncensored information.
See " UGTT Calls For Greater Liberties
<http://www.icftu.org/dispaydocument.asp?Language-EN&Index=991213140> ."
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com or
<mailto:william.j.dorsey@bakernet.com> william.j.dorsey@bakernet.com   Alert
Date: 8/1/01

TR - VIRGINTY TESTS PROTESTED IN TURKEY: On July 17, 2001, Turkish nurses
denounced a new measure calling for virginity tests on female nursing
students suspected of having sex, saying it is "archaic and against human
rights and freedoms." Durmus, the Turkish Nationalist Action party, supports
the measure claiming it protects minors from prostitution and underage sex.
See " Virginity Tests
<http://news.findlaw.com/ap_stories/i/1106/7-18-2001/20010718034738220.html>
."  <mailto:samir.hamza@bakernet.com> samir.hamza@bakernet.com or
<mailto:hazim.rizkana@bakernet.com> hazim.rizkana@bakernet.com   Alert Date:
8/1/01

TR - ANKARA DENIES ACCUSATION OF HUMAN SMUGGLING: On July 13, 2001, the
Turkish Foreign Ministry denied accusations of human smuggling which were
presented in a recent report by the U.S. Department of State. Turkish
officials said the government has made an effort to combat the human
smuggling trade, and thus, the U.S. had no reason to put Turkey in the same
category of states that do not do enough to suppress human struggling. See "
Turkey Speaks Out On Accusations
<http://www.turkishdailynews.com/FrTDN/latest/for.htm> ."
<mailto:samir.hamza@bakernet.com> samir.hamza@bakernet.com or
<mailto:hazim.rizkana@bakernet.com> hazim.rizkana@bakernet.com   Alert Date:
8/1/01

ZA - GOLD INDUSTRY TEETERS ON NATIONWIDE STRIKE: The National Union of
Mineworkers (NUM) recently dismissed claims that their latest wage demands
would bankrupt gold companies. NUM seeks increased hourly wages and more
vacation time for workers. See " NUM
<http://www.allafrica.com/stories/200107130549.html> Strike Nears."
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com or
<mailto:william.j.dorsey@bakernet.com> william.j.dorsey@bakernet.com   Alert
Date: 8/1/01

ZA - MINE WORKERS TO STRIKE AGAINST ESKOM: On July 17, 2001, the National
Union of Mine Workers (NUM) proceeded with a strike against Eskom after
management decided to unilaterally impose its 9% wage offer. The utility
company said it has made contingency plans if the union does strike, and
essential services would not be affected. See " Mine
<http://allafricacom/stories/200107170137.html> Workers To Strike."
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com or
<mailto:william.j.dorsey@bakernet.com> william.j.dorsey@bakernet.com   Alert
Date: 8/1/01

ZA - ESKOM WORKERS BACK ON THE JOB: On July 25, 2001, three trade unions
ended their strike against Eskom after signing a wage agreement at the
Commission for Conciliation, mediation and Arbitration offices. Union
leaders called the strike a victory in their endeavour for workers rights,
as workers will gain a 1% to 5% wage increase beginning in January of 2002.
See " Eskom Workers Return
<http://allafrica.com/stories/printable/200107260476.html> ."
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com or
<mailto:william.j.dorsey@bakernet.com> william.j.dorsey@bakernet.com   Alert
Date: 8/1/01


South_AmericaSouth America	 top
AR - ARGENTINE STRIKE AGAINST GOVERNMENT AUSTERITY MEASURES: Recently,
thousands of Argentine state workers, teachers, and hospital employees have
taken part in rallies to protest against government spending cuts. The
Economy Minister, Domingo Cavallo, has urged the Argentine Congress to
ratify the austerity measures. See " Argentine Austerity Measures
<http://news.bbc.uk/hi/english/world/americas/newsid_1444000/1444650.stm> ."
<mailto:alberto.gonzalez-torres@bakernet.com>
alberto.gonzalez-torres@bakernet.com or  <mailto:maria.oliver@bakernet.com>
maria.oliver@bakernet.com   Alert Date: 8/1/01

ARpension - EMPLOYERS' CONTRIBUTIONS APPLICABLE TO REMUNERATIONS: Recently
enacted Executive Order 814/2001 fixes a single rate for all employers'
contributions after July 1, 2001, to be applied to the subsystems of Social
Security (INSSPJ), National Employment Fund, and the Family Allowances
Regimes. See " Executive Order 814/2001
<http://www.bmck.com/gel/articles/Argentina-Executive Order 814-2001.doc> ."
<mailto:daniel.orlansky@bakernet.com> daniel.orlansky@bakernet.com or
<mailto:micaela.geiderman@bakernet.com> micaela.geiderman@bakernet.com
Alert Date: 8/1/01

ARExecutiveOrder - EXECUTIVE ORDER REGARDING EMPLOYEE BENEFITS: Recently
enacted Executive Order 730/2001 establishes the scope of benefits for
individuals falling within different agreements, such as competitiveness and
enumeration, to improve competition and generate employment. See " Executive
Order 730/2001 <http://www.bmck.com/gel/articles/Argentina-Executive Order
730-01.doc> ."  <mailto:carlos.dodds@bakernet.com> carlos.dodds@bakernet.com
or  <mailto:micaela.geiderman@bakernet.com> micaela.geiderman@bakernet.com
Alert Date: 8/1/01

AR - TEMPORARY MODIFICATION OF NON-REMUNERATIVE SOCIAL SECURITY BENEFITS:
Recently enacted Executive Order 815/2001 establishes that as of July 1,
2001, employers may increase the amount social security provided through
food coupons and groceries, if the employee's salary is equal to or less
than a salary of AR$1500. See " Executive Order 815/2001
<http://www.bmck.com/gel/articles/Argentina-Executive Order 815-2001.doc> ."
<mailto:daniel.orlansky@bakernet.com> daniel.orlansky@bakernet.com or
<mailto:carlos.dodds@bakernet.com> carlos.dodds@bakernet.com   Alert Date:
8/1/01

AR - EMPLOYMENT CERTIFICATE CLARIFICATION: There has been recent
clarification to form A.N.E.S. PS.6.2, which is known as the Certification
of Services and Remunerations. It is required to be issued upon an
employee's termination. See " Employment Certificate
<http://www.bmckcom/gel/articles/Argentina - Employment Certificate.doc> ."
<mailto:micaela.geiderman@bakernet.com> micaela.geiderman@bakernet.com or
<mailto:daniel.orlansky@bakernet.com> daniel.orlansky@bakernet.com   Alert
Date: 8/1/01

AR - ARGENTINE UNION CALLS STRIKE OVER AUSTERITY PLAN: On July 16, 2001,
Argentina's main labour union, the General Workers' Confederation (CGT),
called for a one day general strike to protest the government's austerity
drive that has slashed state salaries and pensions. See " CGT Strike."
<mailto:daniel.orlansky@bakernet.com> daniel.orlansky@bakernet.com or
<mailto:alberto.gonzalez-torres@bakernet.com>
alberto.gonzalez-torres@bakernet.com   Alert Date: 8/1/01

BR - BRAZILIAN POLICE DEBATE PAY OFFER: On July 17, 2001, police in Brazil
considered whether to accept a pay offer of 21% and end their 12 day old
strike. The strike led to a break down of law and order in the city,
resulting in the deaths of 25 people. On July 18, 2001, the police ended
their 12-day old strike after accepting a pay increase. While police
stations reopened, army troops continued patrols. See " Police Debate Offer
<http://news.bbc.co.uk/hi/english/world/americas/newsid_1442000/1442588.stm>
" and " Police Strike Over
<http://news.bbc.uk/hi/english/world/americas/newsid_1444000/1444650.stm> ."
<mailto:ana.p.vizintini@bakernet.com> ana.p.vizintini@bakernet.com or
<mailto:alessandro.martins@bakernet.com> alessandro.martins@bakernet.com
Alert Date: 8/1/01

CL - EMPLOYERS FORM NEW RISK MANAGEMENT ORGANIZATION: Employers in Chile
recently launched a new organization for risk managers called the Asociacion
Chilena de Administradores de Riesgos y Seguros (ACHARYS). ACHARYS has 60
members thus far including risk managers and safety managers. The goal of
the organization is to increase awareness of risk management principles in
the workplace.  <mailto:Vicente.equiguren@bakernet.com>
vicente.equiguren@bakernet.com or  <mailto:fernando.saenz@bakernet.com>
fernando.saenz@bakernet.com   Alert Date: 8/1/01

COparamilitary - COCA COLA SUED FOR ALLEGEDLY USING PARAMILITARY FORCES TO
THREATEN UNIONS IN COLUMBIA: Coca-Cola Co. and its main Latin American
bottler Panamerican Beverages have been accused in a lawsuit filed in U.S.
District Court in Miami of using paramilitary forces to threaten labour
leaders in soft drink bottling factories in Colombia, according to the
Foundation for International Legal Rights and lawyers representing the
unionists. The lawsuit, filed by the Colombian union Sinaltrainal which
represents workers in Coca-Cola's Colombian plants, alleges that throughout
Colombia paramilitary forces have assassinated more than 50 unionists since
the beginning of the year, and killed 128 union members last year. See "
Coca Cola Suit <http://www.ananova.com/business/story/sm_355709.html> ."
<mailto:richard.d.tuschman@bakernet.com> richard.d.tuschman@bakernet.com or
<mailto:jorge.rodriguez@bakernet.com> jorge.rodriguez@bakernet.com   Alert
Date: 8/1/01


North_AmericaNorth America	 top
CA - CANADIAN UNION WITHDRAWS APPLICATION TO REPRESENT TOYOTA WORKERS: On
July 27, 2001, the Canadian Auto Workers Union asked the Ontario Labour
Relations Board for permission to withdraw a certification application for
Toyota Canada automobile manufacturing workers at a Cambridge, Ontario
plant. See " Toyota Vote Not Counted
<http://www.newswire.ca/releases/July2001/26/c5433.html> ."
<mailto:kevin.b.coon@bakernet.com> kevin.b.coon@bakernet.com or
<mailto:cheryl.j.elliott@bakernet.com> cheryl.j.elliott@bakernet.com   Alert
Date: 8/1/01

CA - THOUSANDS OF BRITISH COLUMBIA HEALTH WORKERS ON STRIKE: On July 23,
2001, thousands of health care workers from British Columbia began a
walkout. The strike forced hospitals to cancel surgeries and tests,
discharge patients, and cut down to basic services. See " BC Health Workers
Strike
<http://www.canada.com/cgi-bin/cp.asp?f=/news/cp/stories/20010723/national-3
90020.html> ."  <mailto:david.t.cote@bakernet.com> david.t.cote@bakernet.com
or  <mailto:allan.h.turnbull@bakernet.com> allan.h.turnbull@bakernet.com
Alert Date: 8/1/01

CA - HEALTH CARE CA$400 MILLION OVER BUDGET: On July 25, 2001, the Health
Minister of British Columbia voiced concerns regarding out of control health
care spending and insisted it must be controlled immediately before valuable
social programs are threatened. He said the province has already spent
CA$400 million more than budgeted, only three months into the fiscal year.
See " Over Spending
<http://www.vancouversun.com/newsite/news/010719/5020208.html> ."
<mailto:david.t.cote@bakernet.com> david.t.cote@bakernet.com or
<mailto:karen.j.weisz@bakernet.com> karen.j.weisz@bakernet.com   Alert Date:
8/1/01

CA - ANTI-RACISM RALLY CALLS FOR TORONTO MAYOR TO RESIGN: On July 24, 2001,
a coalition of over 50 organizations from social justice groups and labour
organizations took their demands for Mayor Lastman's resignation to City
Hall. The groups have been angered by comments made by the Toronto mayor
before a recent trip to Africa. See " Groups Call For Mayor Resignation
<http://www.cupe.ca/mediaroom/newsreleases/showitem.asp?id=3068&cl=1> ."
<mailto:cheryl.j.elliot@bakernet.com> cheryl.j.elliot@bakernet.com or
<mailto:shantanu.roy@bakernet.com> shantanu.roy@bakernet.com   Alert Date:
8/1/01

CA - BC THREATENS TEACHERS' BARGAINING RIGHTS: On July 24, 2001, British
Columbia's Government is expected to name education as an essential service,
thus limiting collective bargaining rights to guarantee life-and-limb
essential services. See " Limited
<http://www.rabble.ca/in_cahoots.shtnl?x=1771> Collective Bargaining
Rights."  <mailto:neal.b.sommer@bakernet.com> neal.b.sommer@bakernet.com or
<mailto:allan.h.turnbull@bakernet.com> allan.h.turnbull@bakernet.com   Alert
Date: 8/1/01

CA - CUPE LOCAL 3261 AND UNIVERSITY OF TORONTO REACH TENTATIVE AGREEMENT: On
July 25, 2001, CUPE Local 3261 (University of Toronto Press shipping and
receiving employees) and the University of Toronto reached a tentative
labour agreement, the details of which will be released after the it has
been ratified. See " Tentative Labour Agreement
<http://www.newswire.ca/releases/July2001/25/c4952.html> ."
<mailto:stewart.d.saxe@bakernet.com> stewart.d.saxe@bakernet.com or
<mailto:m.lisa.kirby@bakernet.com> m.lisa.kirby@bakernet.com   Alert Date:
8/1/01

MXIndian - MEXICO APPROVES INDIAN RIGHTS BILL: On July 12, 2001, the
majority of Mexican state legislatures approved an Indian rights bill that
has angered Zapatista rebels. The Zapatistas and their supporters have
criticized the bill as a weak version of the agreement on Indian Rights and
Culture negotiated in 1996. When passed, the bill is expected to implicate
labour rights. See " Indian Rights Bill
<http://news.findlaw.com/ap_stories/i/1102/7-13-2001/20010713103002700.html>
."  <mailto:manuel.limon@bakernet.com> manuel.limon@bakernet.com or
<mailto:ricardo.martinez-rojas@bakernet.com>
ricardo.martinez-rojas@bakernet.com  Alert Date: 8/1/01

MX - MEXICAN TRUCKERS PROTEST RED LIGHT AT U.S. BORDER: The U.S. ban on
Mexican trucks is currently the most hotly contested labour issue between
the countries. Goods made in Mexico are transported to the border, where
they are shipped the rest of the way into the United States by American
trucking companies. See " Mexican Truckers Protest Trade Issue
<http://washingtonpost.com/wp-dyn/world/A47931-2001Jul11.html> ."
<mailto:jorge.a.de.regil@bakernet.com> jorge.a.de.regil@bakernet.com or
<mailto:ricardo.martinez-rojas@bakernet.com>
ricardo.martinez-rojas@bakernet.com   Alert Date: 8/1/01

MX - IMMIGRANTS FEEL SNUBBED BY AMNESTY PLAN FOR UNDOCUMENTED MEXICANS: On
July 16, 2001, several groups representing immigrants spoke out against a
plan in which U.S. President Bush would grant amnesty to some 3 million
Mexicans living illegally in the United States. Critics argued that an equal
number of undocumented immigrants from other countries will end up feeling
left out. See " Immigrants Left Out Of Amnesty Plan
<http://nandotimes.com/politics/story/44234p-686517c.html> ."
<mailto:luis.g.villazon-mendez@bakernet.com>
luis.g.villazon-mendez@bakernet.com or
<mailto:m.rosario.lomera-gonzalez@bakernt.com>
m.rosario.lomera-gonzalez@bakernt.com   Alert Date: 8/1/01

MX - PRESIDENT FOX OUTLINES MEXICO'S MIGRATION PLAN: On July 17, 2001,
Mexican President Vicente Fox concluded his tour of the United States with a
call for reforms in immigration policies, including legalization for
undocumented immigrants in the United States and easier access to higher
education and drivers' licenses. See " Fox
<http://news.findlaw.com/ap_stories/i/1102/7-17-2001/20010717200434930.html>
's Migration Plan."  <mailto:jorge.a.de.regil@bakernet.com>
jorge.a.de.regil@bakernet.com or
<mailto:afredo.kupfer-dominguez@bakernet.com>
afredo.kupfer-dominguez@bakernet.com   Alert Date: 8/1/01

MXfarmworkers - MULTIMILLION DOLLAR CLASS ACTION SEEKS WAGES WITHHELD FROM
MEXICAN FARM WORKERS IN 1940'S: Recently, five prominent plaintiffs'
employment law firms filed a multimillion-dollar class action against the
U.S. and Mexican Governments, Wells Fargo Bank, and three Mexican banks to
recover an estimated $US70 million in alleged overdue wages. The suit is
based on a program set up in the 1940s that was designed to protect Mexican
laborers working in the U.S. by deducting 10% from the Mexican workers'
wages to be transferred to Mexican banks where laborers would be able to
withdraw their money. However, the Mexican workers claim they never knew
about the money. See " Migrant Workers Aim For Backpay
<http://www.law.com/cgi-bin/gx.cgi/AppLogic+FTContentServer?pagename=law/Vie
w&c=Article&cid=ZZZEHJTDAPC&live=true&cst=1&pc=0&pa=0&s=News&ExpIgnore=true&
showsummary=0> ."  <mailto:gerald.l.maatman@bakernet.com>
gerald.l.maatman@bakernet.com or
<mailto:alfonso.garcia-lozano@bakernet.com>
alfonso.garcia-lozano@bakernet.com   Alert Date: 8/1/01

MX - MEXICAN WORKERS COMPENSATED FOR INJURIES OCCURRING IN THE U.S.: On July
19, 2001, a court in San Diego approved a settlement in which five Mexican
workers will receive more than US$1million in compensation after being
allegedly attacked by a gang of white youths. See " Mexican Workers
Compensated
<http://news.bbc.co.uk/hi/english/world/americas/newsid_1446000/1446249.stm>
."  <mailto:salvador.pasquel-villegas@bakernet.com>
salvador.pasquel-villegas@bakernet.com or
<mailto:manuel.limon@bakernet.com> manuel.limon@bakernet.com   Alert Date:
8/1/01

MX - U.S. AUTO UNIONS SUPPORT HIGHER PAY FOR MEXICAN WORKERS: Mexico's
President Vicente Fox recently met with the United Auto Workers' and
Teamsters' presidents to discuss how to raise wage levels for Mexican
workers. Fox and the U.S. unions share a desire to see Mexican wages and
living standards rise. See " Unions And Fox Agree
<http://www.latimes.com/business/la-000061607jul29.column?coll=la%2Dutilitie
s%2Dbusiness> ."  <mailto:perla.d.arreola-carbajal@bakernet.com>
perla.d.arreola-carbajal@bakernet.com or  <mailto:manuel.limon@bakernet.com>
manuel.limon@bakernet.com   Alert Date: 8/1/01

US - FLORIDA SUPREME COURT RULES EMPLOYEE IS NOT ENTITLED TO WORKERS'
COMPENSATION BENEFITS UNDER "DUAL PURPOSE" EXCEPTION: In a decision issued
on July 12, 2001, the Florida Supreme Court held that an employee who was
injured in a car accident on her way to work was not entitled to workers'
compensation benefits, even though she was transporting a newsletter for
work that she had prepared at home. The court noted that under the "going
and coming" rule, injuries sustained while going to or coming from work are
not compensable under the workers' compensation law. The court held that the
"dual purpose" exception to this rule did not apply, since delivering the
newsletter was incidental to her trip. See " Gilbert v. Publix
<http://www.flcourts.org/> Supermarkets, Inc."
<mailto:richard.tuschman@bakernet.com> richard.tuschman@bakernet.com or
<mailto:frank.henry@bakernet.com> frank.henry@bakernet.com   Alert Date:
8/1/01

US - EEOC INTAKE QUESTIONNAIRE DOES NOT CONSTITUTE A FORMAL ADMINISTRATIVE
CHARGE: On July 5, 2001, the U.S. Court of Appeals for the Eleventh Circuit
ruled that an Equal Employment Opportunity Commission intake questionnaire
is not a formal administrative charge. In a case of first impression, the
Eleventh Circuit held that intake questionnaires do not satisfy the
statutory requirements of an administrative charge. See " Pijnenburg v. West
Ga. Health Sys. Inc.
<http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=11th&navby=case&no=0
012045OPN> "  <mailto:andrew.j.boling@bakernet.com>
andrew.j.boling@bakernet.com or  <mailto:steve.a.miller@bakernet.com>
steve.a.miller@bakernet.com   Alert Date: 8/1/01

US - CONNECTICUT GOVERNOR SIGNS BILL TO CONTROL WORKER EXPLOITATION: On July
6, 2001, Connecticut Governor John Rowland (R) signed into law a measure
requiring the state labor commissioner to inform immigrants of their labor
rights in materials printed in languages spoken by large groups of immigrant
workers. See " Public Act 01-147."  <mailto:robert.p.lewis@bakernet.com>
robert.p.lewis@bakernet.com or  <mailto:betsy.morgan@bakernet.com>
betsy.morgan@bakernet.com   Alert Date: 8/1/01

US - COURT CERTIFIES FORMER TEMPS CLASS STATUS TO GAIN PAST BENEFITS CREDIT:
The U.S District Court for the Eastern District of Pennsylvania recently
granted class action certification to plaintiffs in a suit against
SmithKline Beecham Corporation by workers who were initially hired as
temporary employees but were later hired full time. The suit concerns
benefits credits. See " Thomas v. SmithKline Beecham Corp.
<http://www.paed.uscourts.gov/documents/opinions/01D0515P.htm> "
<mailto:jill.s.walschlager@bakernet.com> jill.s.walschlager@bakernet.com or
<mailto:michael.a.duffy@bakernet.com> michael.a.duffy@bakernet.com  Alert
Date: 8/1/01

US - RESTRICTIVE CORPORATE CULTURE PERPETUATES THE GLASS CEILING: On July
12, 2001, President Bush's nominee to head the U.S. Equal Employment
Opportunity Commission (EEOC), Cari Dominguez, said that many invisible
barriers still preclude women from reaching the highest ranks in much of
corporate America. It is expected that she will focus on glass ceiling
issues once she is confirmed as the Chair of the EEOC. See " Cari Dominguez
<http://www.carrollpub.com/whosnew/whonom.asp?nomID=904&archiveType=New> ."
<mailto:abby.b.silverman@bakernet.com> abby.b.silverman@bakernet.com or
<mailto:carole.a.spink@bakernet.com> carole.a.spink@bakernet.com   Alert
Date: 8/1/01

US - D.C. CIRCUIT OVERTURNS NLRB RULING THAT FIRM PREMATURELY DECLARED
IMPASSE: On July 6, 2001, the U.S. Court of Appeals for the District of
Columbia overturned an National Labor Relations Board (NLRB) ruling that
Cotter & Co. committed unfair labor practices by unilaterally changing terms
and conditions of employment without reaching a genuine bargaining impasse.
The court stated that the NLRB lacked substantial evidence to supports its
ruling that the hardware manufacturer and distributor committed unfair labor
practices. See " TruServ Corp fka Cotter
<http://caselaw.lp.findlawcom/cgi-bin/getcase.pl?court=DC&navby=case&no=0013
56A> & Co. v. NLRB."  <mailto:Howard.f.fine@bakernet.com>
howard.f.fine@bakernet.com or  <mailto:brian.s.arbetter@bakernet.com>
brian.s.arbetter@bakernet.com   Alert Date: 8/1/01

US- STATE AND FEDERAL TAX ISSUES MAY INHIBIT USE OF TELECOMMUTING: On July
12, 2001, the U.S. General Accounting Office (GAO) reported state tax laws
pose a significant barrier to the increased use of telecommuting because of
employer concerns that they would be held liable for sales taxes, and that
both employers and employees would become liable for state income taxes. See
" GAO Report <http://www.gao.gov/new.items/d01926.pdf> ."
<mailto:kerry.r.weinger@bakernet.com> kerry.r.weinger@bakernet.com or
<mailto:ben.a.neiburger@bakernet.com> ben.a.neiburger@bakernet.com   Alert
Date: 8/1/01

US - NIXING ACCOMODATION AS 'INCONVENIENT' DOES NOT SATISFY ADA DUTY: On
July 9, 2001, the U.S Court of Appeals for the Third Circuit reversed
summary judgement for Time Warner Cable in a denial of reasonable
accomodation case brought under the Americans With Disabilities Act. The
court reasoned that denial of accommodations for employees with disabilities
due to inconvenience, coupled with questions over essential job functions,
made summary judgment premature and leaves questions better off for a jury.
See " Skerski v. Time Warner Cable Co.
<http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=3rd&navby=case&no=00
3199> "  <mailto:robert.p.lewis@bakernet.com> robert.p.lewis@bakernet.com or
<mailto:peter.j.gillespie@bakernet.com> peter.j.gillespie@bakernet.com
Alert Date: 8/1/01

US - NINTH CIRCUIT UPHOLDS UNION'S RIGHT TO PICKET ON EMPLOYER OWNED PRIVATE
SIDEWALK: In a ruling on July 12, 2001, the U.S. Court of Appeals for the
Ninth Circuit held that union protesters have a First Amendment right to
picket on a private sidewalk outside the Venetian Casino Resort, a non-union
Las Vegas hotel. In so ruling the Court focused on the historically public
character of the predecessor's sidewalk, the replacement sidewalk's current
public use, and its similarity to and interconnection with Las Vegas'
network of public sidewalks. Significantly, in agreeing to build the
sidewalk in issue, the hotel signed a January 1999 agreement with the Nevada
Department of Transportation, in which the hotel expressly reserved "full
rights inherent to the ownership of private property to the full extent
permitted by the Fifth and Fourteenth Amendments to the U.S. Constitution."
See " Sidewalks
<http://www.ca9.uscourts.gov/ca9/newopinions.nsf/166F48FF79457FB188256A87005
51E21/$file/0015136.pdf?openelement> ."
<mailto:brian.s.arbetter@bakernet.com> brian.s.arbetter@bakernet.com or
<mailto:steve.a.miller@bakernet.com> steve.a.miller@bakernet.com  Alert
Date: 8/1/01

US - EEOC SETTLES RACE AND NATIONAL ORIGIN DISCRIMINATION CASE WITH SALOMON
SMITH BARNEY FOR US$635,000: On July 16, 2001, the U.S. Equal Employment
Opportunity Commission (EEOC) announced a settlement of an employment
discrimination lawsuit for US$635,000 against Salomon Smith Barney. The suit
was brought by the EEOC on behalf of 13 current or former employees who were
allegedly subjected to disparate treatment and harassment based on their
race and/or national origin. See " EEOC Settles
<http://www.eeoc.gov/press/7-16-01.html> Suit Against Salomon Smith Barney
For Race And National Origin Bias."  <mailto:gerald.l.maatman@bakernet.com>
gerald.l.maatman@bakernet.com or  <mailto:michael.a.cox@bakernet.com>
michael.a.cox@bakernet.com   Alert Date: 8/1/01

US - TRANSSEXUAL DOCTOR PROTECTED FROM EMPLOYMENT DISCRIMINATION UNDER NEW
JERSEY STATE LAW: On July 3, 2001, the New Jersey Superior Court, Appellate
Division, held that gender dysphoria, or transsexualism, is covered under
the New Jersey Law Against Discrimination's protections for disability, and
transsexuals are protected from gender discrimination. Thus, a transsexual
who was terminated from her position as medical director of a learning
behavior could bring claims of gender and disability discrimination against
her former employers. See " Enriquez v. West Jersey Health Sys
<http://lawlibrary.rutgers.edu/courts/appellate/a2017-99.opn.html> ."
<mailto:jill.s.walschlager@bakernet.com> jill.s.walschlager@bakernet.com or
<mailto:kevin.s.simon@bakernet.com> kevin.s.simon@bakernet.com   Alert Date:
8/1/01

US - YAHOO! MUST REVEAL TO NEW JERSEY COMPANY IDENTITY OF ANONYMOUS INTERNET
USER: On July 11, 2001, the New Jersey Superior Court, Appellate Division,
ruled that an internet service provider must disclose to a New Jersey
company that name of an anonymous internet user who posted confidential
information about the employer on the employer's finance message board. The
company produced sufficient evidence that the plaintiff breached the
company's employee confidentiality agreement by posting messages. See "
Immunomedics Inc. v. Jean Doe, a/k/a 'moonshine_fr.
<http://lawlibrary.rutgers.edu/courts/appellate/a2762-00.opn.html> '"
<mailto:michael.j.wagner@bakernet.com> michael.j.wagner@bakernet.com or
<mailto:john.m.murphy@bakernet.com> john.m.murphy@bakernet.com   Alert Date:
8/1/01

US - RHODE ISLAND GOVERNOR NIXES MOTORISTS' CELL PHONE BAN: The Governor of
Rhode Island recently vetoed a bill that would have outlawed motorists' use
of cellular phones, including phone calls by employees from their
automobiles. The Governor cited findings that talking on cell phones
contributes only to a small fraction of highway crashes. See " NCSL
<http://www.ncs,.org/programs/esnr/telematics.cfm> Database Cell Phone Ban
Legislation."  <mailto:kevin.s.simon@bakernet.com>
kevin.s.simon@bakernet.com or  <mailto:jennifer.l.purevich@bakernet.com>
jennifer.l.purevich@bakernet.com   Alert Date: 8/1/01

US - CALIFORNIA CLASS ACTION ALLEGES STARBUCKS VIOLATED STATE OVERTIME LAWS:
On July 2, 2001, a proposed class of 1500 current and former Starbucks
employees in California filed a suit alleging they were misclassified and
denied overtime pay in violation of state laws. See "Shields v. Starbucks
Corp."  <mailto:jill.walschlager@bakernet.com>
jill.s.walschlager@bakernet.com or  <mailto:cynthia.l.jackson@bakernet.com>
cynthia.l.jackson@bakernet.com   Alert Date: 8/1/01

US - COURT AFFIRMS PENALTIES ON EMPLOYER FOR DEDUCTING INSURANCE PROGRAMS
LOANS: The U.S. Court of Appeals for the Eleventh Circuit recently upheld
the U.S. Internal Revenue Service's imposition of penalties against an
employer for deducting interest and fees incurred in borrowing against
insurance policies that it owed on the lives of 36,000 employees worldwide.
See " Winn-Dixie Stores Inc. v. Commissioner
<http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=11th&navby=case&no=0
011828MAN> ."  <mailto:kerry.weinger@bakernet.com>
kerry.weinger@bakernet.com or  <mailto:frank.henry@bakernet.com>
frank.henry@bakernet.com   Alert Date: 8/1/01

US - FIRST UNION MUST TURN OVER DOCUMENTS REGARDING MISLEADING RELEASE: On
July 10, 2001, the U.S. District Court for the Eastern District of
Pennsylvania ruled that First Union Corporation must turn over documents
regarding an allegedly misleading release signed by approximately 2,000
employees discharged by its predecessor CoreStates Financial Corporation.
The court rejected the contention that the documents were protected by
attorney-client privilege. See " Kaminski v. First Union Corp
<http://www.paed.uscourts.gov/documents/opinions/01D0551P.HTM> ."
<mailto:robert.p.lewis@bakernet.com> robert.p.lewis@bakernet.com or
<mailto:jill.walschlager@bakernet.com> jill.walschlager@bakernet.com   Alert
Date: 8/1/01

US - COURT BARS STATE AGENCY GIVING PREFERENCE TO MINORITY CONTRACTORS: On
July 12, 2001, the New Jersey Superior Court struck down a state agency's
minority set-aside program, which gave preference to women and minority
owned companies. The court ruled the state Casino Reinvestment Development
Authority program fails to meet criteria established by the U.S. Supreme
Court. See " Court Bars State Agency
<http://news.findlaw.com/ap_stories/1/0000/7-13-2001/20010713191453800.html>
."  <mailto:robert.p.lewis@bakernet.com> robert.p.lewis@bakernet.com or
<mailto:gina.l.knight@bakernet.com> gina.l.knight@bakernet.com   Alert Date:
8/1/01
	
US - COURT SAYS IRS FINDING ON EMPLOYEE STATUS NOT DETERMINATIVE OF
CONSULTANT'S FLSA CASE: The U.S. Court of Appeals for the District of
Columbia recently ruled the U.S. Internal Revenue Service's decision that a
consultant was an "employee" for purposes of federal income tax withholding
did not preclusively answer the question of whether she was an "employee"
under the Fair Labor Standard Act. See "Morrison v. International Programs
Consortium Inc."  <mailto:kerry.weinger@bakernet.com>
kerry.weinger@bakernet.com or  <mailto:brian.j.wydejewski@bakernet.com>
brian.j.wydejewski@bakernet.com   Alert Date: 8/1/01

US - EMPLOYER IS NOT REQUIRED TO TRANSFORM JOB TO ACCOMMODATE DISABLED
EMPLOYEE: In a decision issued on July 17, 2001, the U.S. Court of Appeals
for the Eleventh Circuit ruled that an employer does not have a duty under
the Americans With Disabilities Act (ADA) to eliminate essential functions
of a job to accommodate a disabled employee. The court noted that although
an employer may have a duty under the ADA in some circumstances to
restructure a job by altering or eliminating marginal job functions, "he
difference between the accommodation that is required and the transformation
that is not is the difference between saddling a camel and removing its
hump." See " Lucas v. W.W.  <http://www.ca11.uscourts.gov/opinions.htm>
Grainger, Inc."  <mailto:richard.tuschman@bakernet.com>
richard.tuschman@bakernet.com or  <mailto:neil.mcguinness@bakernet.com>
neil.mcguinness@bakernet.com [125,129]  Alert Date: 8/1/01

USretaliation - SMOKE-SENSITIVE EMPLOYEE MAY PROCEED IN RETALIATION CLAIM
AGAINST EMPLOYER: On July 12, 2001, the U.S. Court of Appeals for the Fourth
Circuit ruled that a smoke-sensitive employee who was discharged after she
failed to report to work in a newly smoke-free office building could proceed
with a retaliation claim under the Americans With Disabilities Act. Prior to
establishing a smoke-free environment, the employer had accommodated the
plaintiff's sensitivity to smoke by allowing her to work from home and by
allowing her to take lengthy leaves of absence. See " Rhoads v. Federal
Deposit Insurance Corp
<http://pacer.ca4.uscourts.gov/cgi-bin/getopn.pl?OPINION=982374.P> ."
<mailto:mark.l.karasik@bakernet.com> mark.l.karasik@bakernet.com or
<mailto:charles.r.topping@bakernet.com> charles.r.topping@bakernet.com
Alert Date: 8/1/01

US - RESTAURANT WORKER MAY SUE UNDER TITLE VII FOR SEXUAL HARASSMENT BASED
ON EFFEMINACY: On July 16, 2001, the U.S. Court of Appeals for the Ninth
Circuit ruled that a restaurant worker who allegedly was sexually harassed
because he was too effeminate should be able to take his claim to trial
under Title VII of the Civil Rights Act of 1964. The court determined that
the claims should have survived because the employee was singled out for
harassment by male co-workers and a supervisor considered him feminine and
believed he did not meet their views of a male stereotype. See " Nichols v.
Azteca Restaurant Enter. Inc
<http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1BBD47ED3D1EA70F88256A8B005
9B629/$file/9935579.pdf?openelement> ."
<mailto:cynthia.l.jackson@bakernetcom> cynthia.l.jackson@bakernet.com or
<mailto:helen.e.sung@bakernet.com> helen.e.sung@bakernet.com   Alert Date:
8/1/01

US - COURT RULES THAT K-MART VIOLATED ERISA BY USING WRONG INTEREST RATE:
The U.S. District Court for the Southern District of Illinois recently ruled
K-Mart Corporation violated the Employee Retirement Income Security Act
(ERISA) when it computed lump-sum pension plan distributions using the wrong
interest rate. See " Tullock v. Kmart Corp.
<http://www.ilsd.uscourts.gov/Opinions/Tullocksj.pdf> "
<mailto:maura.ann.mcbreen@bakernet.com> maura.ann.mcbreen@bakernet.com or
<mailto:david.w.ellis@bakernet.com> david.w.ellis@bakernet.com   Alert Date:
8/1/01

US - CALIFORNIA POWER COMPANY CAN PAY BONUSES: A federal bankruptcy judge
has recently ruled California's largest utility company, Pacific Gas and
Electric, can pay its top managers US$17.5 million in bonuses to help keep
them from leaving the financially troubled company. See " PG
<http://news.findlaw.com/ap_stories/other/1110/7-16-2001/20010716202602940.h
tml> &E Can Pay Bonuses."  <mailto:howard.f.fine@bakernet.com>
howardf.fine@bakernet.com or  <mailto:renee.s.schor@bakernet.com>
renee.s.schor@bakernet.com   Alert Date: 8/1/01

US - REGENCE BLUESHIELD SUED OVER CONTRACEPTIVE COVERAGE IN WASHINGTON:
Affiliates of the American Civil Liberties Union and the National Abortion
Rights Action League in Washington have recently filed a lawsuit against
Regence BlueShield for failure to provide prescription contraceptive
coverage in its insurance policies offered to these groups. The plaintiffs
claim the denial constitutes illegal employment discrimination. See "
Regence BlueShield Sued Over Contraceptive Coverage
<http://www.inure.com/states/wa/health/aclusuit701.html> ."
<mailto:abby.b.silverman@bakernet.com> abby.b.silverman@bakernet.com or
<mailto:bonnie.k.levitt@bakernet.com> bonnie.k.levitt@bakernet.com   Alert
Date: 8/1/01

US - NEW JERSEY SUPREME COURT DOES AWAY WITH COMMON LAW DOCTRINE OF "NO
WORK, NO PAY:" On July 12, 2001, the New Jersey Supreme Court reinstated an
arbitrator's award of back pay to workers for overtime. A trial judge had
stricken the award under a 142-year-old legal doctrine that prohibits
payment to government authorities for services they did not perform. See "
Dept. Of Corrections v. Int'l Federation Of Professional And
<http://www.judiciary.state.nj.us/opinions/supreme/A-20-00.htm> Technical
Engineers, Local 195 A-20."  <mailto:gerald.l.maatman@bakernet.com>
gerald.l.maatman@bakernet.com or  <mailto:michael.a.cox@bakernet.com>
michael.a.cox@bakernet.com   Alert Date: 8/1/01

US - TEMPORAL PROXIMITY HELD INSUFFICIENT TO CREATE JURY ISSUE OF
DISCRIMINATION: In a decision issued on July 17, 2001, the U.S. Court of
Appeals for the Eleventh Circuit affirmed a district court's grant of
summary judgment to the City of South Miami, which was alleged to have
violated the Americans With Disabilities Act (ADA) by terminating its City
Clerk three and one-half months after she announced that she might need time
off to care for her son, who had AIDS. The court ruled that the employee
produced virtually no evidence of discrimination and that the temporal
proximity between the two events, standing alone, was insufficient to show
that the City's articulated reasons for the employee's termination were
pretextual. See " Wascura v.  <http://www.ca11.uscourtsgov/opinions.htm>
City of South Miami."  <mailto:richard.tuschman@bakernet.com>
richard.tuschman@bakernet.com or  <mailto:neil.mcguinness@bakernet.com>
neil.mcguinness@bakernet.com   Alert Date: 8/1/01

US - HOUSE SUBCOMMITTEE CONSIDERS EXPANDING EMPLOYERS' ABILITY TO PROVIDE
INVESTMENT ADVICE TO EMPLOYEES IN RETIREMENT PLANS: On July 17, 2001, a U.S.
House of Representatives' subcommittee heard competing arguments on proposed
legislation expanding an employer's ability to provide investment advice to
employees participating in self-directed retirement plans. While proponents
of the legislation cited the rising costs of obtaining outside professional
investment advice and the mounting losses under participant-directed savings
plans, opponents of the bill highlighted the potential for investment
advisors to steer participants towards higher-fee investment products which
in turn could exacerbate losses. See " Investment Advice
<http://www.cigna.com/professional/pdf/WashingtonUpdateJuly2001.pdf> ."
<mailto:brian.k.wydajewski@bakernet.com> brian.k.wydajewski@bakernet.com or
<mailto:maura.ann.mcbreen@bakernet.com> maura.ann.mcbreen@bakernet.com
Alert Date: 8/1/01

US - LOUISIANA PEO REGISTRATION ACT BECOMES LAW: Lousiana recently enacted
legislation which regulates professional employer organizations (PEO's). The
law requires PEO's to register by October 30, 2001. See " PEO Law
<http://www.legis.state.la.us/leg_docs/01RS/CVT3/OUT/0000IZKY.PDF> ."
<mailto:gerald.l.maatman@bakernet.com> gerald.l.maatman@bakernet.com or
<mailto:jill.walschlager@bakernet.com> jill.walschlager@bakernet.com   Alert
Date: 8/1/01

US - EEOC TO OPEN OFFICE IN PUERTO RICO: On July 18, 2001, the U.S. Equal
Employment Opportunity Commission announced it will open an office in San
Juan, Puerto Rico. The move is a result of an increase in employment
discrimination charges in Puerto Rico and the Virgin Islands, regions which
the office will now serve. See " EEOC Open Puerto
<http://www.eooc.gov/press/7-18-01.html> Rico Office."
<mailto:neil.mcguinness@bakernet.com> neil.mcguinness@bakernet.com or
<mailto:richard.d.tuschmann@bakernet.com> richard.d.tuschmann@bakernet.com
Alert Date: 8/1/01

US - NEW YORK CITY SUED IN HARASSMENT CASE: The U.S. Government has recently
sued New York City, alleging the city does not do enough to protect women in
its workforce from sexual and racial harassment. The lawsuit is unique in
that it is unusual for the federal government to file such a complaint. See
" NYC Accused Of Harassment
<http://news.findlaw.com/ap_stories/other/1110/7-16-2001/20010716013208430.h
tml> ."  <mailto:robert.p.lewis@bakernet.com> robert.p.lewis@bakernet.com or
<mailto:abby.b.silverman@bakernet.com> abby.b.silverman@bakernet.com   Alert
Date: 8/1/01

US - FORUM ADDRESSES WORKPLACE SAFETY: On July 16, 2001, U.S. Department of
Labor Secretary Elaine Chao opened the first of three public forums to
determine whether to pursue regulations or a voluntary policy regarding
workplace safety. Secretary Chao has focused the hearings on defining
ergonomics-related injuries, determining if such injuries are caused by
work, and identifying the government's role. See " Workplace Safety
<http://www.dol.gov/dol/opa/public/media/press/osha/osha2001196.htm> ."
<mailto:brian.s.arbetter@bakernet.com> brian.s.arbetter@bakernet.com or
<mailto:andrew.b.cripe@bakernet.com> andrew.b.cripe@bakernet.com   Alert
Date: 8/1/01

US - CONNECTICUT REQUIRES EMPLOYERS TO ACCOMMODATE NURSING MOTHERS:
Connecticut has recently passed a law allowing female employees to breast
feed or express breast milk on site at the workplace during meal or break
periods. See " Public Act No. 01-182
<http://www.cga.state.ct.us/2001/act/Pa/2001PA-00182-R00HB-05656-PA.htm> "
<mailto:robert.p.lewis@bakernet.com> robert.p.lewis@bakernet.com or
<mailto:abby.b.silverman@bakernet.com> abby.b.silverman@bakernet.com   Alert
Date: 8/1/01

US - RHODE ISLAND ENACTS WORKPLACE VIOLENCE PREVENTION LAW: The Rhode Island
Legislature recently enacted the "Workplace Prevention Act of 2001" which
allows employers to seek temporary restraining orders and preliminary
injunctions in an effort to prevent workplace violence. See " Workplace
Prevention Act <http://www.state.ri.us/billtext/01s0475.htm> ."
<mailto:robert.p.lewis@bakernet.com> robertp.lewis@bakernet.com or
<mailto:andrea.kovar@bakernet.com> andrea.kovar@bakernet.com   Alert Date:
8/1/01

US - MINING INDUSTRY CHALLENGED TO REDUCE FATALITIES AND LOST TIME RATES:
U.S. Department of Labor Secretary Elaine Chao recently challenged the
mining industry to reduce its fatal injury rates, and to build on recent
successes in making mines safer. In addition, the head of the U.S. Mine Safe
and Health Administration has called for a reduction in the lost-time injury
rate. See " Miners Challenged
<http://www.dol.gov/dol/opa/public/media/press/opa/opa2001209.htm> ."
<mailto:micheal.cox@bakernet.com> micheal.cox@bakernet.com or
<mailto:mark.d.taylor@bakernet.com> mark.d.taylor@bakernet.com   Alert Date:
8/1/01

US - GOODWILL INDUSTRIES DID NOT VIOLATE ERISA IN FIRING SICK EMPLOYEES: The
U.S District Court for the Northern District of Iowa recently ruled that
Goodwill Industries did not violate the Employee Retirement Income Security
Act (ERISA) by firing two employees with health conditions. The court
reasoned that the employer had no specific intent to interfere with the
employees' receipt of disability benefits at the time their positions were
eliminated. See " Amsbary v. Goodwill Industries of N.E. Iowa
<http://www.iand.uscourts.gov/iand/decisions.nsf/44ef38b26a83d2e58625693d005
dd094/27315aacc3f14a7586256a8500564f89?OpenDocument> ."
<mailto:lisa.s.brogan@bakernet.com> lisa.s.brogan@bakernet.com or
<mailto:michael.a.pollard@bakernet.com> michael.a.pollard@bakernet.com
Alert Date: 8/1/01

US - JOB DISSATISFACTION LEADS NURSES TO CHANGE CAREERS: On July 18, 2001,
the U.S. General Office of Accounting reported that dissatisfaction with
wages, workloads, increased overtime, and lack of support staff has led many
nurses to quit their hospital jobs. The problem increases the difficulty
providers are currently experiencing in hiring and retaining health care
workers. See " GAO Report <http://www.gao.gov/> ."
<mailto:abby.b.silverman@bakernet.com> abby.b.silverman@bakernet.com or
<mailto:katerina.p.lewinbuk@bakernet.com> katerina.p.lewinbuk@bakernet.com
Alert Date: 8/1/01

US - ILLINOIS TO REQUIRE BREAKS FOR BREASTFEEDING: On July 12, 2001,
Illinois Governor George Ryan (R) signed a law requiring employers in the
state to provide unpaid break time to breastfeeding employees who wish to
express breast milk for their children. See " Illinois Nursing Mothers In
The Workplace Act
<http://www.legis.state.il.us/scripts/imstran.exe?LIBSINCWSB0542> ."
<mailto:gina.l.knight@bakernet.com> gina.l.knight@bakernet.com or
<mailto:jennifer.l.purevich@bakernet.com> jennifer.l.purevich@bakernet.com
Alert Date: 8/1/01

US - JUDGE FINDS XEROX LIABLE FOR PENSION ERROR: On July 3, 2001, the U.S.
District Court for the Southern District Court of Illinois ordered Xerox to
pay former employees additional money because the company miscalculated
pension owed to retirees. See " Berger at al. v. Xerox
<http://www.ilsd.uscourts.gov/Opinions/reconsidercertification.pdf> ."
<mailto:maura.ann.mcbreen@bakernet.com> maura.ann.mcbreen@bakernet.com or
<mailto:william.l.schaller@bakernet.com> william.l.schaller@bakernet.com
Alert Date: 8/1/01

US - CALIFORNIA COMPENSATION HIT HARD BY COSTS: According to a recent study
by the Workers Compensation Research Institute, California workers
compensation claims costs grew by 11% between 1997 and 1998. Factors raising
costs include lengthening time away from work, and a high, growing share of
claims that receive permanent disability payments or lump-sum settlements.
See " CA Workers Comp Study
<http://www.businessinsurance.com/editorial/updates.php3?action=view&id=2193
> ."  <mailto:edward.d.burmeister@bakernet.com>
edward.d.burmeister@bakernet.com or  <mailto:bonnie.k.levitt@bakernet.com>
bonnie.k.levitt@bakernet.com   Alert Date: 8/1/01

US - AIR TRAFIC CONTROLLER AWARDED US$2 MILLION: Recently, a former air
traffic controller who was fired for refusing to work on the Sabbath was
awarded US$2.25 million in a civil law suit for religious discrimination.
See " Controller Awarded
<http://news.findlaw.com/ap_stories/other/1110/7-18-2001/20010718102059770.h
tml> "  <mailto:jill.walschalger@bakernet.com> jill.walschalger@bakernet.com
or  <mailto:kevin.s.simon@bakernet.com> kevin.s.simon@bakernet.com   Alert
Date: 8/1/01

US - NEW YORK HAND-HELD CELL PHONE BILL SIGNED INTO LAW: New York Governor
George Pataki (R) recently signed into law a ban on the use of hand-held
cellular phones while driving. The law applies to use of cell phones for
business purposes. See " Bill  <http://assembly.state.ny.us/leg/?bn=A03142>
A03142."  <mailto:robert.p.lewis@bakernet.com> robert.p.lewis@bakernet.com
or  <mailto:gerald.l.maatman@bakernet.com> gerald.l.maatman@bakernet.com
Alert Date: 8/1/01

US - OREGON ADOPTS ELECTRONIC RECORD AND SIGNATURE LAW: The Oregon State
Legislature recently passed a bill in which electronic records and
signatures in Oregon will carry the same legal force and effect as if
written on paper. The law applies only to transactions between parties who
have agreed to conduct transactions electronically, including all types of
personnel records. See " H.B. 2112
<http://www.leg.state.or.us/01reg/measures/hb2100.dir/hb2112.1ha.html> ."
<mailto:edward.d.burmeister@bakernet.com> edward.d.burmeister@bakernet.com
or  <mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com
Alert Date: 8/1/01

US - SEVENTH CIRCUIT RULES TRANSFER TO SECOND SHIFT IS NOT AN ADVERSE
EMPLOYMENT ACTION: In a decision issued on July 19, 2001, the U.S. Court of
Appeals for the Seventh Circuit ruled that the transfer of an employee from
the first to the second shift is not an adverse employment action and
therefore cannot support a claim of constructive discharge under Title VII
of the Civil Rights Act of 1964. The employee argued that the transfer was
deliberately designed to make her working conditions intolerable because she
could no longer be a dedicated wife and caregiver for her husband. The court
rejected this argument, noting that this argument, "rather than eradicating
gender stereotypes that pervade the workplace, instead reinforces them." See
" Grube v. Lau Industries, Inc.
<http://www.ca7.uscourts.gov/fox/foxweb.exe/Op3?submit1=showop&caseno=00-413
1> "  <mailto:charle.s.topping@bakernet.com> charles.s.topping@bakernet.com
or  <mailto:craig.r.annunziata@bakernet.com> craig.r.annunziata@bakernet.com
Alert Date: 8/1/01

US - CALIFORNIA COURT RULES THAT AVANT! MUST PAY CADENCE US$182 MILLION FOR
STEALING TRADE SECRETS: A California judge has ordered Avant! to pay US$182
million to its archrival, Cadence Design Systems, as compensation for
stealing trade secrets. The penalty stems from allegations that Avant! was
founded on software code stolen from Cadence in the early 1990's. Avant! and
seven of its current and former executives pleaded no contest in May of 2001
to criminal charges as jury selection was underway in one of Silicon
Valley's most significant trade-secrets prosecutions ever. On July 25, 2001,
a criminal court judge sentenced the six defendant. One of Avant!s
co-founders received two years in jail, while others receiving anywhere from
one year to probation. See " Trade
<http://news.cnet.com/news/0-1005-200-6618114.html> Secret Ruling," "
Silicon Valley
<http://www.siliconvalley.com/docs/news/depth/avant071901.htm> " and "
Sentencing <http://www.siliconvalley.com/docs/news/svfront/avant072601.htm>
."  <mailto:john.m.murphy@bakernet.com> john.m.murphy@bakernet.com or
<mailto:william.l.schaller@bakernet.com> william.l.schaller@bakernet.com
Alert Date: 8/1/01

US - THIRD CIRCUIT VACATES US$89,000 ATTORNEYS FEE AWARD IN SETTLED FSLA
CASE: A divided panel from the U.S. Court of Appeals for the Third Circuit
recently vacated an award of nearly US$89,000 in attorneys' fees in a Fair
Labor Standards Act dispute that was settled before trial. The plaintiff's
lawyer initially sought nearly US$119,000 in fees, stating that he spent 475
hours on the case. The defendant hospital opposed the request, contending
that the hourly charge and the number of hours were both excessive. The
trial court eventually granted the plaintiff's lawyer US$88,655 in fees and
nearly US$3,000 in costs. On appeal, the Third Circuit reversed, rejecting
the plaintiff's lawyer's argument that the employer engaged in "trench
warfare" in defending its position. See " Fee
<http://www.ca3.uscourts.gov/opinions/001561.txt> Award Case."
<mailto:craig.r.annunziata@bakernet.com> craig.r.annunziata@bakernet.com or
<mailto:andrew.b.cripe@bakernet.com> andrew.b.cripe@bakernet.com   Alert
Date: 8/1/01

US - PENNSYLVANIA COURT HOLDS THAT NURSE'S AIDE'S HOME DRUG USE WAS WILFULL
MISCONDUCT: A nurse's aide's regular at-home use of marijuana and
prescription pain killers was enough to constitute willful misconduct,
Pennsylvania's Commonwealth Court recently ruled, even though she claimed
she never came to work while under the influence of the drugs. Therefore,
the three-judge panel held that the claimant was not entitled to
unemployment compensation benefits. The court based its ruling on admissions
which the claimant made to her treating physician that she regularly used
marijuana and prescription pain killers in an illegal manner. See " Home
Drug Use
<http://www.law.com/cgi-bin/gx.cgi/AppLogic+FTContentServer?pagename=law/Vie
w&c=Article&cid=ZZZOQJDWCPC&live=true&cst=1&pc=2&pa=0&s=News&ExpIgnore=true&
showsummary=0> ."  <mailto:brian.s.arbetter@bakernet.com>
brian.s.arbetter@bakernet.com or  <mailto:charles.r.topping@bakernet.com>
charles.r.topping@bakernet.com   Alert Date: 8/1/01

US - EMPLOYER'S DIRECT DEALING DURING STRIKE DID NOT RESULT IN CONVERSION:
Although a Massachusetts iron mill violated the National Labor Relations Act
when its president directly discussed labor negotiations with a striking
employee, the president's conduct did not convert the workers' economic
strike into an unfair labor practice strike, the U.S. Court of Appeals for
the First Circuit held July 16, 2001. Finding that the president's illegal
direct dealing as well as the company's unilateral implementation of new
working terms and conditions during bargaining with Bridge, Structural, and
Ornamental Iron Workers Local 501 "significantly contributed" to the union's
subsequent loss of majority status, the First Circuit affirmed an order by
the National Labor Relations Board requiring the company to recognize and
bargain with the union. See " Ryan Iron Works v. NLRB
<http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-2420.01A> ."
<mailto:brian.s.arbetter@bakernet.com> brians.arbetter@bakernet.com or
<mailto:michael.a.cox@bakernet.com> michael.a.cox@bakernet.com   Alert Date:
8/1/01

US - COLLECTIVE BARGAINING AGREEMENT REQUIRES EMPLOYERS TO MAKE PLAN
CONTRIBUTIONS FOR TEMPORARY WORKERS: The terms of a collective bargaining
agreement require two Massachusetts employers to make employee benefit plan
contributions on behalf of temporary workers, the U.S. District Court for
the District of Columbia ruled July 13, 2001. The pension fund brought an
action against the employers under the Employee Retirement Income Security
Act seeking contributions it alleged were owed on behalf of temporary
employees for hours of paid commuting time. See " National
<http://www.dcd.uscourts.gov/00cv1072.pdf> Shopmen Pension Fund."
<mailto:michael.a.pollard@bakernet.com> michael.a.pollard@bakernet.com or
<mailto:lisa.s.brogan@bakernet.com> lisa.s.brogan@bakernet.com   Alert Date:
8/1/01

US - REAL AVERAGE WEEKLY EARNINGS UNCHANGED FROM MAY TO JUNE OF 2001: Real
average weekly earnings in the U.S. were unchanged from May to June of 2001
after seasonal adjustment, according to preliminary data released by the
U.S. Bureau of Labor Statistics on July 18, 2001. A 0.3%increase in average
hourly earnings was offset by a 0.2% rise in the Consumer Price Index for
Urban Wage Earners and Clerical Workers. Average weekly hours were
unchanged. See " BLS Press Release
<http://www.bls.gov/news.release/pdf/realer.pdf> ."
<mailto:gerald.l.maatman@bakernet.com> gerald.l.maatman@bakernet.com or
<mailto:charles.r.topping@bakernet.com> charles.r.topping@bakernet.com
Alert Date: 8/1/01

US - MORGAN STANLEY IMPLEMENTS CUSTOMIZED BENEFITS: As of August 1, 2001,
employees of Morgan Stanley Dean Witter & Co. in Arizona, Ohio, and Utah
will be able to customize their health care benefit options through a
Choicelinx web site. The system allows employees to have more freedom and
flexibility in deciding how to apply their benefit dollars. See " Custom
Benefits
<http://www.businessinsurance.com/editorial/updates.php3?action=view&id=2200
> ."  <mailto:lisa.s.brogan@bakernet.com> lisa.s.brogan@bakernet.com or
<mailto:david.w.ellis@bakernet.com> david.w.ellis@bakernet.com   Alert Date:
8/1/01

US - LABOR SECRETARY STUMPS FOR FLETCHER BILL: On July 20, 2001, U.S.
Department of Labor Secretary Elaine Chao voiced her support for patients'
rights legislation. The measure, known as the Fletcher bill, would offer a
broader right for patients to sue their health plans for damages. See " H.R.
2315
<http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_bills&do
cid=f:h2315ih.txt.pdf> ."  <mailto:jonathan.e.hyun@bakernet.com>
jonathan.e.hyun@bakernet.com or  <mailto:andrea.kovar@bakernet.com>
andrea.kovar@bakernet.com   Alert Date: 8/1/01

US - NEW YORK PANEL EXAMINES LABOR LAWYER'S DUTY OF CONFIDENTIALITY: The New
York State Bar Association's ethics committee recently advised that a union
lawyer representing a union member in an arbitration proceeding owes a duty
of confidentiality to the member. The lawyer may not disseminate copies of
an arbitration decision that contains the member's secrets unless the member
allows it. See " New York  <http://www.nysba.org/opinions/opinion743.html>
State Bar Ass'n Comm. On Professional Ethics."
<mailto:katerina.p.lewinbuk@bakernet.com> katerina.p.lewinbuk@bakernet.com
or  <mailto:steve.a.miller@bakernet.com> steve.a.miller@bakernet.com   Alert
Date: 8/1/01

US - TWO EMPLOYEES SUE ARKANSAS OVER COMPUTER ACCESS: On July 16, 2001, two
blind state employees filed a lawsuit against Arkansas seeking changes in a
new computer system they cannot use. The system lacks a synthesized speech
or Braille program, thus preventing these employees from accessing
accounting, budgeting, and employee timecard systems. See " Employee
Computer Access
<http://news.findlaw.com/ap_stories/l/0000/7-19-2001/20010719004448340.html>
."  <mailto:michael.a.duffy@bakernet.com> michael.a.duffy@bakernet.com or
<mailto:peter.j.gillespie@bakernet.com> peter.j.gillespie@bakernet.com
Alert Date: 8/1/01

US - FORMER CEO CHARGED WITH FRAUD IN STOCK SCHEME: On July 18, 2001, former
CEO Morris Weissman was accused in federal court in New York of deceiving
investors by falsely inflating earnings for American Banknote Corporation
and American Bank Note Holographics, Inc. See '" CEO Charged in Stock Scheme
<http://news.findlaw.com/ap_stories/f/1310/7-19-2001/20010719013253080.html>
."  <mailto:nen.a.neiburger@bakernet.com> ben.a.neiburger@bakernet.com or
<mailto:carole.a.spink@bakernet.com> carole.a.spink@bakernet.com   Alert
Date: 8/1/01

US - WORKERS' COMPENSATION ACT NOT A BAR TO CHILD'S NEGLIGENCE CLAIM AGAINST
MOTHER'S EMPLOYER: On July 12, 2001, the Washington Supreme Court ruled that
the state's Workers' Compensation Act does not bar a child's negligence
claim against her mother's employer for alleged injuries the child suffered
in utero. The court held the child's injuries were independent and not
derived from the injuries her mother sustained in the workplace. See " Meyer
v. Burger King Corp.
<http://www.courts.wa.gov/opinions/opindisp.cfm?docid=700150MAJ> "
<mailto:craig.r.annunziata@bakernet.com> craig.r.annunziata@bakernet.com or
<mailto:katerina.p.lewinbuck@bakernet.com> katerina.p.lewinbuck@bakernet.com
Alert Date: 8/1/01

US - UNION RALLY DAY BEFORE ELECTION DID NOT VIOLATE NLRB RULE: The National
Labor Relations Board (NLRB) has a longstanding rule that employers and
unions are prohibited from making election speeches on company time to
massed assemblies of employees within 24 hours of a union certification
election. In a decision issued on July 20, 2001, the U.S. Court of Appeals
for the Eleventh Circuit ruled that this rule was not violated when a union
had a rally across the street from the employer's facility and broadcast
pro-union music and speeches using bullhorns and a public address system.
The court noted that the eligible voters were unable to hear the exact words
of the speeches and were able to go about their business during the rally.
See " National Labor Relations Board v. Glades Health Care
<http://www.ca11.uscourts.gov/opinions.htm> Center."
<mailto:richard.tuschman@bakernet.com> richard.tuschman@bakernet.com or
<mailto:laurence.e.stuart@bakernet.com> laurence.e.stuart@bakernet.com
Alert Date: 8/1/01

US - ADVERSE EMPLOYEE EVALUATION JUSTIFIES DAMAGES AWARD: On July 19, 2001,
the U.S. Court of Appeals for the Eighth Circuit ruled a social worker's
supervisor was liable for US$26,500 in damages due to an adverse job
appraisal. The court assigned the damages for an "exceedingly negative"
evaluation targeting an employee's refusal, based on his religious beliefs,
to approve homosexuals as foster parents. See " Phillips v. Collings
<http://caselaw.lp.findlaw.com/data2/circs/8th/002176p.pdf> ."
<mailto:jordan.w.cowman@bakernet.com> jordan.wcowman@bakernet.com or
<mailto:charlene.s.tsang@bakernet.com> charlene.s.tsang@bakernet.com   Alert
Date: 8/1/01

US - COURT UPHOLDS MULTIEMPLOYER PLAN'S INTEREST RATE ON DELINQUENT
CONTRIBUTIONS: On July 20, 2001, the U.S. Court of Appeals for the Seventh
Circuit upheld a multi-employer pension plan's provision for a 1.5% interest
rate on delinquent contributions. The court reasoned that the Employee
Retirement Income Security Act is a statute that, when interpreted in light
of the purpose at hand and the fact that employers are not consumers,
clearly authorized a higher rate. See " Operating Engineers Local 139 Health
Benefit Fund v. Gustafson
<http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=7th&navby=case&no=00
3648> Construction Corp."  <mailto:maura.ann.mcbreen@bakernet.com>
maura.ann.mcbreen@bakernet.com or  <mailto:ben.a.neiburger@bakernet.com>
ben.a.neiburger@bakernet.com   Alert Date: 8/1/01

US - 1.3 MILLION AMERICAN OFFICE BUILDINGS HAVE AIR QUALITY PROBLEMS: Recent
reports have focused on concerns that office buildings are circulating low
quality air which causes employees to become ill. During tough economic
times, building owners often neglect necessary repairs and maintenance that
results in microbial growth in humidifiers, dust and dirt buildup, and
contamination of air intake vents. Improperly maintained air-cooling towers
can collect standing water and breed bacteria such as Legionella, which
causes Legionnaire's disease, a form of pneumonia that infects 10,000 to
15,000 Americans annually. Earlier in 2001, Ford Motor Co. shut down a
facility for one week after five employees contracted the disease, which may
have originated from bacteria in the plant's HVAC system. See "
Legionnaire's Disease Closes Ford Plant
<http://www.newsmax.com/archives/articles/2001/3/15/220003.shtml> ."
<mailto:peter.s.gillespie@bakernet.com> peter.s.gillespie@bakernet.com or
<mailto:steve.a.miller@bakernet.com> steve.a.miller@bakernet.com   Alert
Date: 8/1/01

US - CALIFORNIA MAY PASS A BILL OUTLAWING DISCRIMINATION AGAINST
TRANSSEXUALS: The California legislature has proposed a new bill that
protects transsexuals and anyone else who does not manifest common sex
traits and behavior from discrimination. Proponents of the bill assert that
it is intended mainly to protect women whose bosses want them to act more
feminine and less aggressively. The measure expands the definition of sex in
the existing laws against discrimination to include appearance and behavior
different from that traditionally associated with a person's sex at birth.
See " Gender-Based Nondiscrimination Bill
<http://legalminds.lp.findlaw.com/list/queerlaw-edit/msg03716.html> ."
<mailto:renee.s.schor@bakernet.com> renee.s.schor@bakernet.com or
<mailto:cynthia.freeland@bakernet.com> cynthia.freeland@bakernet.com   Alert
Date: 8/1/01

US - MASSACHUSETTS PANEL SEEKS ZERO TOLERANCE ON WORKPLACE VIOLENCE: On July
12, 2001, the Massachusetts Joint Committee on Public Safety released a
special report recommending that employers develop "zero tolerance policies"
on workplace violence, threats, harassment, and bullying. The committee also
suggested that employers could prevent violent incidents by promoting
civility and respect, humanizing the workplace, and easing the stress of
layoffs and terminations.  <mailto:gina.l.knight@bakernet.com>
gina.l.knight@bakernet.com or  <mailto:steve.a.miller@bakernet.com>
steve.a.miller@bakernet.com   Alert Date: 8/1/01

US - MORE EMPLOYERS PROMOTING HEALTH: On July 24, 2001, Hewitt Associates
released a study concluding that 92% of U.S. companies currently offer some
kind of health promotion programs. These programs are designed to combat
employee absenteeism and increase employee productivity. See " Health Care
Expectations: Future Strategy And
<http://was.hewitt.com/hewitt/resource/rptspubs/subrptspubs/survey_index.htm
> Direction."  <mailto:christopher.g.guldberg@bakernet.com>
christopher.g.guldberg@bakernet.com or
<mailto:jonathan.e.hyun@bakernet.com> jonathan.e.hyun@bakernet.com   Alert
Date: 8/1/01

US - RHODE ISLAND LAWMAKERS EXPAND STATE CIVIL RIGHTS LAW TO PROTECT GENDER
IDENTITY: On July 13, 2001, legislation that prohibits discrimination in
Rhode Island relative to employment, housing, credit, and public
accommodation on the basis of gender identity or expression took effect.
Rhode Island joins a growing number of jurisdictions in the U.S. which
prohibits such discrimination in the workplace. See " H.5920 A
<http://www.rilin.state.ri.us/BillText/BillText01/HouseText01/H5920a.htm> ."
<mailto:mark.l.karasik@bakernet.com> mark.l.karasik@bakernet.com or
<mailto:nam.h.paik@bakernet.com> michael.cox@bakernet.com   Alert Date:
8/1/01

US - SOCIALLY RESPONSIBLE 401(K) FUNDS OFFERED: A Nashville, Tennessee based
401(K) plan administrator, 1 Point Administrative Services L.L.C., recently
introduced a new "socially responsible" retirement plan for employers. The
plan is made up of 17 different mutual funds, each with its own
philosophical concept and investment criteria. See " Socially Responsible
401(K)
<http://www.businessinsurance.com/editorial/updates.php3?action=view&id=2227
> ."  <mailto:maura.ann.mcbreen@bakernet.com> maura.ann.mcbreen@bakernet.com
or  <mailto:david.w.ellis@bakernet.com> david.w.ellis@bakernet.com   Alert
Date: 8/1/01

US - UNION REPRESENTED EMPLOYEE CANNOT SUE FOR DISCHARGE AFTER FILING
WORKERS' COMPENSATION CLAIM: On July 17, 2001, a federal judge in
Philadelphia ruled that a union-represented employee who was fired after
filing a workers' compensation claim cannot sue his employer for wrongful
discharge. See " Harper v. American Red Cross Blood Services
<http://www.paed.uscourts.gov/documents/opinions/01D0574P.HTM> ."
<mailto:jill.walschlager@bakernet.com> jill.walschlager@bakernet.com or
<mailto:jack.a.simms@bakernet.com> jack.a.simms@bakernet.com   Alert Date:
8/1/01

US - ALLEGED VICTIM OF SEXUAL HARASSMENT MAY PURSUE CLAIM BASED ON BREACH OF
COVENANT OF FAIR DEALING: Recently, in a case of first impression, the
Delaware Supreme Court held that a woman who claims she was fired for
resisting the sexual advances of the company president may pursue a
common-law claim for breach of the implied covenant of good faith and fair
dealing. The Court allowed such an action despite the existence of a state
anti-discrimination statute with detailed administrative procedures for
addressing claims of discrimination. See " Schuster v. Derocili
<http://courts.state.de.us/supreme/ordsops/337-2000.pdf> ."
<mailto:gerald.l.maatman@bakernet.com> gerald.l.maatman@bakernet.com or
<mailto:jill.s.walschlager@bakernet.com> jill.s.walschlager@bakernet.com
Alert Date: 8/1/01

US - CALIFORNIA COURT HOLDS DISABILITY RULES ARE RETROACTIVE: On July 27,
2001, Los Angeles' Second District Court of Appeals declared retroactive
7-month old legislative amendments that provide extremely broad grounds for
disability discrimination suits in California. The amendments in question
expand the definition of disability under California state law to include
physical and mental impairments that merely limit a major life activity, as
opposed to the federal law, which requires a "substantial" limitation. See "
California Disability Rules Declared Retroactive: State
<http://www.law.com/cgi-bin/gx.cgi/AppLogic+FTContentServer?pagename=law/Vie
w&c=Article&cid=ZZZP3WQ0NPC&live=true&cst=1&pc=0&pa=0&s=News&ExpIgnore=true&
showsummary=0> Supreme Court May Have To Referee."
<mailto:brian.s.arbetter@bakernet.com> brian.s.arbetter@bakernet.com or
<mailto:jill.s.walschlager@bakernet.com> jill.s.walschlager@bakernet.com
Alert Date: 8/1/01

US - CLASS ACTION ALLEGES STARBUCKS VIOLATED STATE OVERTIME LAWS: On July 2,
2001, a proposed class of 1,500 current and former exempt employees of
Starbucks filed suit in California alleging they were misclassified and
denied overtime pay in violation of state law. The complaint asserts that
store managers, assistant managers, and management trainees routinely worked
more than 8 hours per day and 40 hours per week, with the majority of those
hours spent performing the same tasks hourly workers performed. The workers
allege this violates California law which provides that exempt management
employees must spend at least 50 percent of their time on management duties
and must regularly exercise discretion and independent judgment. See "
Shields v. Starbucks Corp
<http://seattletimes.nwsource.com/html/businesstechnology/134314651_starbuck
scalif06.html> " and " Starbucks Hit With Overtime Suit
<http://kxl.com/ArDisplay.asp?SecID=4&ID=21554> ."
<mailto:cynthia.l.jackson@bakernet.com> cynthia.l.jackson@bakernet.com or
<mailto:brian.s.arbetter@bakernet.com> brian.s.arbetter@bakernet.com   Alert
Date: 8/1/01

US - ACCOUNTING CLERK WITH NECK AND ARM PAIN ALLOWED TO SUE UNDER FMLA, BUT
NOT THE ADA: On July 9, 2001, the U.S. District Court for the Northern
District of Illinois ruled that a former accounting clerk fired after
repeatedly requesting leave due to pain in her arms and neck failed to
demonstrate that her employer violated the Americans With Disabilities Act.
However, the employer may have breached the employee's rights under the
Family and Medical Leave Act by refusing to allow her to take unpaid time
off to deal with the symptoms of her condition. See " Shivakumar v. Abbot
Laboratories
<http://www.ilnd.uscourts.gov/racer2/load_page.cfm?dp=4616875&dn=35&cn-1:99-
cv-7861> ."  <mailto:jill.s.walschlager@bakernet.com>
jill.s.walschlager@bakernet.com or carole.a.spink@bakernet.com
<mailto:carole.a.spink@bakernet.com>    Alert Date: 8/1/01

US - POSTAL WORKERS FILE FEDERAL DISCRIMINATION SUITS: On July 24, 2001,
seven current and former postal workers in Maryland sued the U.S. Postal
Service alleging discrimination, sexual harassment, and retaliation for
complaining of alleged mistreatment. The workers seek to launch a nationwide
class action against the Post Office. See " U.S. Postal Service Sued
<http://news.findlaw.com/ap_stories/1/000/7-25-2001/20010725035136990.html>
."  <mailto:brian.s.arbetter@bakernet.com> brian.s.arbetter@bakernet.com or
<mailto:jill.s.walschalger@bakernet.com> jill.s.walschalger@bakernet.com
Alert Date: 8/1/01

US - DAY LABORERS UNION ORGANIZATION: On July 26, 2001, community groups
from Chicago, New York, and elsewhere met in Los Angeles for the first
national conference of day laborers. An estimated 2 million day laborers in
the United States take full-time jobs that full-time workers do not want.
See " Organized Day Laborer
<http://news.findlaw.com/ap_stories/f/1310/7-25-2001/20010725091156900.html>
."  <mailto:laurence.e.stuart@bakernet.com> laurence.e.stuart@bakernet.com
or  <mailto:j.richard.hammett@bakernet.com> j.richard.hammett@bakernet.com
Alert Date: 8/1/01

US - DELAWARE REQUIRES EMPLOYERS TO GIVE NOTICE OF ELECTRONIC MONITORING: On
July 10, 2001, the Delaware Legislature enacted a law requiring all
employers who monitor telephone calls, e-mails, or Internet access of or by
employees to give notice of these activities before doing so or at the time
of hire. See " H.75, L.2001
<http://www.legis.state.de.us/LIS/LIS141.NSF/c6fe685e20e98b2b882569a60053971
e/2ee24a51398810f9852569cf00595ed8?OpenDocument> "
<mailto:michael.j.wagner@bakernet.com> michael.j.wagner@bakernet.com or
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com   Alert
Date: 8/1/01

US - LOUSIANA EXTENDS TIME TO PAY DISCHARGED EMPLOYEES: The Louisiana
Legislature recently enacted a law requiring employers to pay discharged
employees on or before the next regular payday or no later than 15 days
following the date of discharge, whichever occurs first. The current law
states the time period for such payment is not later than three days
following the date of discharge. See " H.B. 1295, L. 2001
<http://www.legis.state.la.us/leg_docs/01RS/CVT5/OUT/0000J2FA.PDF> ."
<mailto:charlene.h.tsang@bakernet.com> charlene.h.tsang@bakernet.com or
<mailto:laurence.e.staurt@bakernet.com> laurence.e.staurt@bakernet.com
Alert Date: 8/1/01

US - NEA OFFERS HOMICIDE INSURANCE: The National Education Association (NEA)
recently announced it will offer a new "unlawful homicide" benefit, in
addition to the traditional life insurance package it currently offers, for
the families of members slain on the job at school. See " NEA Insurance
<http://news.findlaw.com/ap_stories/other/1110/7-26-2001/20010726054756310.h
tml> ."  <mailto:maura.ann.mcbreen@bakernet.com>
maura.ann.mcbreen@bakernet.com or  <mailto:kerry.r.weinger@bakernet.com>
kerry.r.weinger@bakernet.com   Alert Date: 8/1/01

US - INTERIM RULE OUTLINES VICTIM TRAFFICKING RIGHTS: On July 24, 2001, the
U.S. Department of Justice published an interim rule entitling victims of
severe worker trafficking in the United State or its territories to
protection from intimidation, immigration benefits, and translation
services. See " 66 Fed. Reg. 38513
<http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=114702628+1
+0+0&WAISaction=retrieve> ."  <mailto:lynda.s.zengerle@bakernet.com>
lynda.s.zengerle@bakernet.com or  <mailto:betsy.morgan@bakernet.com>
betsy.morgan@bakernet.com   Alert Date: 8/1/01

US - HOUSTON VOTES TO PROTECT GAY WORKERS: On July 25, 2001, the Houston
City Council passed a law which protects city employees on the basis of
sexual orientation, race, gender, age, and other factors. Houston joins a
growing number of municipalities in the United States which bans this type
of job discrimination. See " Non-Discrimination Law
<http://www.austin360.com/local/partners/aas/news/072601/27houstongay.html>
."  <mailto:j.richard.hammett@bakernet.com> j.richard.hammett@bakernet.com
or  <mailto:laurence.e.stuart@bakernet.com> laurence.e.stuart@bakernet.com
Alert Date: 8/1/01

US - DOJ AWARDS FUNDS TO EDUCATIONAL PROGRAMS TO COMBAT DISCRIMINATION
AGAINST IMMIGRANTS: On July 25, 2001, the U.S. Department of Justice
announced that grants totaling US$700,000 were awarded to several non-profit
groups that operate programs aimed at eliminating workplace discrimination
against immigrants. See " Fair Hiring
<http://www.usdoj.gov/opa/pr/2001/July/355cr.htm> ."
<mailto:allen.orr@bakernet.com> allen.orr@bakernet.com or
<mailto:irene.m.recio@bakernet.com> irene.m.recio@bakernet.com   Alert Date:
8/1/01

US - FORMER IRS WORKER PLEADS GUILTY TO COMPUTER SABOTAGE: On July 24, 2001,
a former systems administrator for the U.S. Internal Revenue Services
pleaded guilty to sabotaging databanks at the agency after he was
disciplined by supervisors. See " Ex-IRS
<http://www.newsbytes.com/news/01/168453.html> Worker Guilty Of Sabotage."
<mailto:jack.a.simms@bakernet.com> jack.a.simms@bakernet.com or
<mailto:kevin.s.simon@bakernet.com> kevin.s.simon@bakernet.com   Alert Date:
8/1/01

US - TERMINATION FOR SEXUALLY OFFENSIVE E-MAILS WAS FOR "JUST CAUSE,"
PRECLUDING EMPLOYEES FROM RECEIVING UNEMPLOYMENT COMPENSATION: Recently, the
Utah Court of Appeals ruled that two employees who were fired for sending
non-business-related e-mail messages with sexually explicit content to
co-workers were not entitled to unemployment compensation because they were
fired for "just cause." The court overruled the state agency's finding that
the employees did not have the requisite "knowledge" of the gravity of their
misdeeds, noting that the employees' conduct was "a flagrant violation of a
universal standard of behavior." See " Autoliv ASP Inc. v. Utah Dep't Of
Workforce Servs
<http://courtlinkutcourts.gov/opinions/appopin/autoliv_asp.htm> ."
<mailto:jill.s.walschlager@bakernet.com> jill.s.walschlager@bakernet.com or
<mailto:katerina.p.lewinbuk@bakernet.com> katerina.p.lewinbuk@bakernet.com
Alert Date: 8/1/01


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