I am pleased to send you the August 15,  2001 web-based e-mail "Alert"
prepared by Baker & McKenzie's Global Labour, Employment & Employee Benefits
Practice Group ("GLEEB"). The Alert's purpose is to provide our clients and
friends with timely updates in a short "user friendly" fashion with
hyperlinks to articles with more detailed information on employment law
developments from around the world.

The Alert is organized into six sections - Global, Asia Pacific, Europe,
Africa/Middle East, South America, and North America. The Alert consists of
short, one-paragraph "blurbs," organized by country and region. You can
quickly scan the Alert for items of particular interest, and then click on
the hyperlinks provided for each blurb for additional information.

If you would like to be removed from my mailing list for the Global
Employment Law Alert, please type "REMOVE" in the subject line and I will
take you off my email list.

Please feel free to contact me should you have any questions.

top




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.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: 8/15/01

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: 8/15/01

** - GEL ALERT HIGHLIGHTS: Employee Benefits: Malaysian unions press for
additional annuity schemes. Employment Discrimination: Germany enacts
legislation protecting severely disabled employees; U.S. Equal Employment
Opportunity Commission secures multimillion dollar settlement on behalf of
female workers. Employment Litigation: Australian unions launch test case on
reasonable working hours; German court allows headhunters to call candidates
at their workplace. Immigration: Germany's immigration debate; French
prosecution of people smugglers; Bahrain announces six month grace period
for free visa workers. Labour Abuses: UNITE launches global campaign over
sweatshop conditions. Legislation: India's new tax agreement with Austria on
multinational employees; Israel introduces ban on smoking in the workplace;
New maternity and family allowance regulations in Italy. Privacy: Japanese
employee first to be charged under new cybersnooping law. Unions:
International Union of Food Workers issues statement of concern regarding
Columbian litigation over alleged labour abuses. Wrongful Termination: Laid
off workers in the United States are striking back at their ex-employers.
Alert Date: 8/15/01

** - BAKER EVENTS: Juarez: "Legal Strategies To Increase Manufacturing
Efficiencies In Mexico," to be held on September 6, 2001, in Juarez, Mexico.
For more information please contact Barbara Garcia
<mailto:barbara.garcia@bakernet.com> .  Alert Date: 8/15/01


GlobalGlobal	 top
** - foodworkersIUF STATEMENT ON THE U.S. LAWSUIT AGAINST COCA-COLA ALLEGING
UNION ABUSES: The International Union of Food Workers (IUF) has recently
issued a statement of concern over the U.S. lawsuit against the Coca-Cola
Company alleging union abuses in Columbia. The IUF stated that although it
has no evidence linking Coca-Cola to the current allegations, the IUF does
not accept Coca-Cola's initial assertion that it has no connection or
responsibility for the policies or action of its anchor bottlers in
Colombia. See " Coca-Cola  <http://www.iuf.org/iuf/index.html> Law Suit."
<mailto:jorge.rodriguez@bakernet.com> jorge.rodriguez@bakernet.com or
<mailto:tatiana.garces@bakernet.com> tatiana.garces@bakernet.com   Alert
Date: 8/15/01

** - EUROPE'S IT CRUNCH: The European Commission recently estimated that the
shortage of IT personnel in Europe is greater than that of the U.S., as
there will be 2.2 million IT positions unfilled in Europe by the end of
2002. The lack of personnel can be blamed on poor recruiting techniques and
outdated business procedures. See " IT
<http://www.networkcomputing.com/1210/1210ca.html> Crunch."
<mailto:michael.j.wagner@bakernet.com> michael.j.wagner@bakernet.com or
<mailto:markus.kappenhagen@bakernet.com> markus.kappenhagen@bakernet.com
Alert Date: 8/15/01

** - UniteUNITE LAUNCHES GLOBAL CAMPAIGN AGAINST CLOTHING RETAILERS: On
August 7, 2001, UNITE, a coalition of labour unions and civil rights groups
from nine countries, launched a worldwide campaign against clothing
retailers over alleged sweatshop conditions faced by garment workers. The
campaign pledges to utilize publicity tactics during the back-to-school and
holiday shopping seasons. UNITE has set up an internet site to provide
consumers with information and links about alleged abusive working
conditions. See " UNITE  <http://www.behindthelabel.org/> Internet Site."
<mailto:Gerald.l.maatman@bakernet.com> gerald.l.maatman@bakernet.com or
<mailto:james.cameron@bakernet.com> james.cameron@bakernet.com   Alert Date:
8/15/01

** - UNION PARTNERS WITH TOBACCO CONTROL GROUPS TO CURB SMOKING AMONG BLUE
COLLAR WORKERS: In response to the U.S. Center for Disease Control's study
which showed that blue-collar and service workers have a disproportionately
higher rate of tobacco use and a higher likelihood to die from smoking than
white-collar workers, the Laborers' International Union of North American
recently announced a partnership with several tobacco control groups to
implement a worldwide educational program aimed at informing young
union-represented workers about the dangers of smoking. See " Smoking
Dangers <http://www.niehs.nih.gov/centers/coep/jhp-coep.htm> ."
<mailto:j.richard.hammett@bakernet.com> j.richard.hammett@bakernet.com or
<mailto:howard.f.fine@bakernet.com> howard.f.fine@bakernet.com   Alert Date:
8/15/01

** - AFRICAN LAWMAKERS ADOPT ANTI-HIV/AIDS MOTION: The Commonwealth
Parliamentary Association of Africa recently adopted a motion calling on
member countries to treat the HIV/AIDS epidemic as a national priority. The
first line of defence is through workplace education programs. " HIV/AIDS
Priority <http://allafrica.com/stories/printable/200108100153.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: 8/15/01


Asia_PacificAsia Pacific	 top
AU - ESSO FINED AU$2M FOR OHS FAILURES THAT KILLED TWO: The Victorian
Supreme Court recently levied maximum fines on Esso Australia for breaches
of occupational health and safety laws relating to an explosion at one of
the three gas processing plants the company runs at Longford in Victoria.
The blast in September of 1998 killed 2 employees and injured eight others.
The Court found Esso's failure to identify hazards in a most hazardous
workplace and to properly train employees about risks justified the maximum
penalties. See: " DPP  <http://www.ecruiting.com.au/express/esso300701.htm>
v Esso Australia Party Ltd."  <mailto:michael.michalandos@bakernet.com>
michael.michalandos@bakernet.com or  <mailto:chris.oliver@bakernet.com>
chris.oliver@bakernet.com   Alert Date: 8/15/01

AU - AUSTRALIAN GOVERNMENT ANNOUNCES INQUIRY INTO CORRUPTION IN CONSTRUCTION
INDUSTRY: Australian Prime Minister, John Howard, recently announced a Royal
Commission inquiry into the construction industry. The terms of reference
for the inquiry will be broad and include scrutiny of unauthorized use of
union funds and unlawful conduct by unions. The inquiry arose out of reports
into the industry which alleged a range of criminal conduct and corrupt
behavior particularly by unions. See " Royal Commission To Investigate
Building Industry
<http://www.ecruiting.com.au/express/pmstatement260701.htm> ."
<mailto:paul.brown@bakernet.com> paul.brown@bakernet.com or
<mailto:sally.woodward@bakernet.com> sally.woodward@bakernet.com  Alert
Date: 8/15/01

AU - EX-PATRIATE EMPLOYEE WINS PAYOUT FOR ATTACK: In an important ruling for
employers of expatriates, the New South Wales Court of Appeal has recently
upheld a AU$570,000 pay out to an employee who was physically attacked while
on an assignment in Papua New Guinea. The sales employee developed reactive
depression after a thief knocked her to the ground, punched her, and stole
her handbag. The Court found that the employer had breached its duty of care
by failing to provide her with adequate safety advice or measures in a
dangerous location. See: " Pacific Access Pty Ltd v Davies
<http://scaleplus.law.gov.au/html/nswdec/0/20013/0/ND000740.htm> ."
<mailto:paul.brown@bakernet.com> paul.brown@bakernet.com or
<mailto:chris.oliver@bakernet.com> chris.oliver@bakernet.com   Alert Date:
8/15/01

AU - COURT EXPLORES EXTENT OF EMPLOYERS VICARIOUS LIABILITY: The Supreme
Court of Queensland has confirmed that an employer is not vicariously liable
for the conduct of an employee for acts that are outside their normal range
of duties, such as criminal behavior. In a recent decision, the Court had to
determine whether the plaintiffs, children who were allegedly assaulted by a
teacher, could sue the State Education Department because of its purported
negligence. The Full Bench found that it remains the law in Australia that
an employer generally is not vicariously liable for an assault by an
employee that is an independent and personal act not connected to work the
employee is expressly or impliedly authorized to perform. See " Rich v State
of Queensland <http://www.austlii.edu.au/au/cases/qld/QCA/2001/295.html> ."
<mailto:paul.brown@bakernet.com> paul.brown@bakernet.com or
<mailto:sally.woodward@bakernet.com> sally.woodward@bakernet.com   Alert
Date: 8/15/01

AU - CAR PART MANUFACTURER STRIKE CRIPPLING INDUSTRY: An on-going recent
strike at a steering component manufacturer that supplies all four
Australian car-makers is causing a chain reaction which some commentators
say threatens 50,000 jobs. Car-makers have stood down employees because of
the shortage of key parts due to the strike action. The union representing
the striking workers says that the stoppage is in support of claims which
include a demand for industry employers to sign up for a trust fund to
protect workers' entitlements. See " Car Strike
<http://news.com.au/common/story_page/0,4057,2498495%5E2%5E%5Enbv,00.html>
."  <mailto:paul.brown@bakernet.com> paul.brown@bakernet.com or
<mailto:elspeth.lynch@bakernet.com> elspeth.lynch@bakernet.com   Alert Date:
8/15/01

AU - AUSTRALIAN LABOUR MARKET POLICIES HOLD POSSIBLE LESSONS FOR OTHER OECD
COUNTRIES: A recent report from Organization for Economic Co-Operation and
Development entitled, Innovations in Labour Market Policies: the Australian
Way, reviews the advantages and shortcomings to the Australian approach to
labour market policy. See " Labour
<http://www.oecd.org/media/publish/pb01-28.htm> Report."
<mailto:paul.brown@bakernet.com> paul.brown@bakernet.com or
<mailto:nicole.vanderhoek@bakernet.com> nicole.vanderhoek@bakernet.com
Alert Date: 8/15/01

AU - testcaseUNIONS RUN TEST CASE ON "REASONABLE HOURS": The peak body for
Australian unions, the Australian Council of Trade Unions, recently launched
a test case into "reasonable hours" in the Australian Industrial Relations
Commission. If the union's test case succeeds, employees would be granted
extra days of annual leave for working "extreme hours." The unions' purpose
is to establish a benchmark for what is a reasonable level of the total
numbers of hours worked and what is a reasonable configuration of those
hours. The hearings for the test case have been set for November of 2001.
See " Reasonable Hours Test Case
<http://www.vunions.com.au/vunions/actu/article.cfm?objectid=93326B51-04A0-4
DE0-A66807AAE44E889B> ."  <mailto:paul.brown@bakernet.com>
paul.brown@bakernet.com or  <mailto:kathleen.thornton@bakernet.com>
kathleen.thornton@bakernet.com  Alert Date: 8/15/01

AU - VICTIMS OF CRIME ENTITLED TO UNPAID LEAVE: The New South Wales
Government recently passed legislation which will allow victims of crime to
take unpaid leave to attend court proceedings in connection with the crime.
This change was introduced as an amendment to the State's Industrial
Relations Act. The new law would allow not only victims of crime to take the
leave, but also immediate family members of the victim where the victim had
died as a result of the offence. The entitlement to unpaid leave would cover
attendance for court sitting days including reasonable traveling time. See "
Industrial Relations Amendment (Leave for Victims of Crime)
<http://www.austlii.edu.au/au/legis/nsw/consol_act/irafvoca2001548> Act
2001."  <mailto:brian.jebb@bakernet.com> brian.jebb@bakernet.com or
<mailto:chris.oliver@bakernet.com> chris.oliver@bakernet.com   Alert Date:
8/15/01

AU - MINING UNION WINS CASE FOR TRANSMISSION OF AGREEMENT: The Federal Court
on August 1, 2001 found that the collective agreement covering mine
operator, Ebenezer Mines, applies to an outsourcer of its coal handling
preparation plant due to the operation of the transmission of business
provisions of the Workplace Relations Act 1996. The Court found that the
preparation plant was a distinct part of the business which had been
transferred when the outsourcing arrangement was entered into. The
transmission of business provisions operated to transfer Ebenezer's
collective agreement to a successor, assignee, or transmittee of a part of
the business. See " CFMEU v Henry Walker Eltin Contracting Pty Ltd
<http://www.austlii.edu.au/au/cases/cth/federal_ct/2001/1009.html> ."
<mailto:paul.brown@bakernet.com> paul.brown@bakernet.com or
<mailto:kathleen.thornton@bakernet.com> kathleen.thornton@bakernet.com
Alert Date: 8/15/01

CN - HONG KONG INVESTIGATORS ARREST USERS OF PIRATED SOFTWARE: On August 3,
2001, Hong Kong customs investigators raided two interior design companies
in a software pirate sting, arrested employees, and seized PC hard disk
drives. The raid was the first enforcement of the recently introduced
Intellectual Property (Miscellaneous Amendments) Ordinance 2000, which makes
it a criminal offence to use unlicensed software in operating a business.
See " Hong Kong Raid
<http://www.thestandard.com/article/0,1902,28497,00.html> ."
<mailto:paul.tan@bakernet.com> paul.tan@bakernet.com or
<mailto:andreass.lauffs@bakernet.com> andreas.lauffs@bakernet.com  Alert
Date: 8/15/01

CN - CHINESE STATE EXECUTIVES HELD IN VISA SCAM: On August 1, 2001, two
officials of a Chinese state-run company and a Japanese man were arrested in
Tokyo for allegedly helping foreigners without valid visas find employment
in exchange for a cut of their salaries. This is the first time Chinese
officials have been arrested in connection with illegal employment in Japan.
See " State Exec Held in Visa Scam
<http://www.asahi.com/english/national/K2001080100843.html> ."
<mailto:william.kuo@bakernet.com> william.kuo@bakernet.com or
<mailto:daniel.chan@bakernet.com> daniel.chan@bakernet.com   Alert Date:
8/15/01

IN - RECRUITMENT OF IT PROFESSIONALS IN INDIA: On August 8, 2001, U.S.-based
Amdocs Management set up an office in India to increase its annual intake of
IT professionals from 300 last year to 700 this calendar year, and 1,200
next year. Business Week ranked NYSE-listed Amdocs as world's third-largest
software company last year. See " India
<http://www.indiatimes.com/news/etit/08info08.htm> IT Recruitment."
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com or
<mailto:narendra.achrayra@bakernet.com> narendra.achrayra@bakernet.com
Alert Date: 8/15/01

IN - taxagreeNEW TAX AGREEMENT WITH AUSTRIA: On August 7, 2001, India
entered into a new agreement for avoidance of double taxation and prevention
of fiscal evasion with Austria. The revised convention will become
applicable in India from April 1, 2002, and in Austria from January 1, 2002.
The revised convention will cover income tax in case of India and income tax
as well as corporation tax in case of Austria. To avoid double taxation,
India will give credit for Indian workers paying taxes in Austria, and
Austria will exempt the income taxable in India under provisions of the new
convention. See " New Tax Regime
<http://www.business-standard.com/today/economy1.asp?Menu=3> ."
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com or
<mailto:narendra.acharya@bakernet.com> narendra.acharya@bakernet.com   Alert
Date: 8/15/01

IN - NEW WEB PORTAL FOR RECRUITING: On August 13, 2001, an India-based
start-up launched Headhuntersworldwide.com for global recruitments online
and for Web-based services and applications. An interesting feature of the
portal is the functionality it offers for short-term contracting. It has
entered into an agreement with an Australia-based software consulting firm
to monitor new trends and technologies and offer online and offline
recruitment solutions.  <mailto:andrew.j.boling@bakernet.com>
andrew.j.boling@bakernet.com or  <mailto:narendra.achraya@bakernet.com>
narendra.achraya@bakernet.com   Alert Date: 8/15/01

JP - IN-HOUSE PROBE OF JAPANESE LAB: A Japanese institute has recently
announced that one of its scientists took Alzheimer's research material from
the Cleveland Clinic Hospital in the United States, but denied that it
ordered him to do so. The institute said Takashi Okamoto was not hired to
pilfer or steal, and that the material was not used for his research in
Japan. Okamoto was formally charged by the U.S Government under the 1996
Economic Espionage Act, which makes it a federal crime for any person of an
organization funded by a foreign country to steal trade secrets. See
<mailto:hiroshi.kondo@bakernet.com> hiroshi.kondo@bakernet.com or
<mailto:mikako.fujiki@bakernet.com> mikako.fujiki@bakernet.com   Alert Date:
8/15/01

JP - cybersnoopingJAPANESE WOMEN FIRST TO BE CHARGED UNDER CYBERSNOOPING
LAW: A Japanese woman has become the first person to be charged under the
country's new cybersnooping laws. The woman is accused of rifling through a
co-worker's email account. See " Cybersnooping In The Workplace
<http://www.ananova.com/news/story/sm_370579.html> .
<mailto:hiroshi.kondo@bakernet.com> hiroshi.kondo@bakernet.com or
<mailto:akira.ito@bakernet.com> akira.ito@bakernet.com   Alert Date: 8/15/01


JP - TOKYO EYES DIRECT GOVERNMENT EMPLOYMENT TO ABSORB JOB LOSSES: According
to a recent statement by the Japanese Minister for Economic and Fiscal
Policy, the government needs to employ more people in the public sector to
cushion the impact of major economic reforms promised by the Prime Minister.
See " Structural Reforms
<http://biz.thestar.com.my/news/story.asp?file=/2001/8/8/business/08b12jap&s
ec=business> ."  <mailto:hiroshi.kondo@bakernet.com>
hiroshi.kondo@bakernet.com or  <mailto:hideo.ohta@bakernet.com>
hideo.ohta@bakernet.com   Alert Date: 8/15/01

KR - UNION LEADER SURRENDERS AFTER MONTH-LONG REFUGE: On August 5, 2001, Dan
Byung-ho, leader of an umbrella labour group, turned himself into police,
ending a 35-day holdout at a Seoul church. See " Dan Surrenders
<http://www.koreaherald.co.kr/SITE/data/html_dir/2001/08/03/200108030014.asp
> ."  <mailto:nam.h.paik@bakernet.com> nam.h.paik@bakernet.com or
<mailto:hiroshi.kondo@bakernet.com> hiroshi.kondo@bakernet.com   Alert Date:
8/15/01

MY - annuityMTUC SUGGEST'S EPF CREATES NEW ACCOUNT FOR ANNUITY SCHEME: On
August 2, 2001, the Malaysian Trades Union Congress proposed that the
Employees Provident Fund create another account for an annuity scheme and
that workers be given the option to transfer monies into it. See " Annuity
Account
<http://www.emedia.com.my/z//Current_News/BT/Thursday/Business/2001080902130
0/> ."  <mailto:Adeline.wong@bakernet.com> adeline.wong@bakernet.com or
<mailto:calvin.cheong@bakernet.com> calvin.cheong@bakernet.com   Alert Date:
8/15/01

NZ - NZ$100,000 FOR AIR NEW ZEALAND PILOT GROUNDED FOR BEING TOO OLD: An air
pilot for Air New Zealand has won a claim for lost wages and distress after
the 60 year old was grounded by Air New Zealand because it said he was too
old. Air New Zealand grounded the pilot because of age restrictions imposed
by some countries such as the United States, which do not allow pilots over
a certain age to fly in their air space. In a recent decision, the
Employment Court found that he should have been paid for the time he was
grounded and that the airline had no right to say turning 60 was the end of
his career and should have tried to find another role for him. See " Air NZ
Pilot Gets $100,000
<http://www.nzherald.co.nz/storydisplay.cfm?thesection=news&thesubsection=&s
toryID=199244> ."  <mailto:paul.brown@bakernet.com> paul.brown@bakernet.com
or  <mailto:kathleen.thornton@bakernet.com> kathleen.thornton@bakernet.com
Alert Date: 8/15/01

NZ - FORMER EMPLOYEES TO SUE DIRECTORS OVER COLLAPSE: Former employees of
Qantas New Zealand are seeking legal advice regarding unpaid wages and
entitlements owed to them after the company's collapse. The Engineering,
Printing and Manufacturing Union, which represents most of the former
employees, said it was meeting with liquidators and directors to get some
answers for ex-employees who have yet to receive full payment for wages and
benefits such as redundancy pay. The liquidators report released recently
estimates that after secured and preferential creditors are paid out, only
NZ$3 million will be available to pay unsecured creditors owed a total of
NZ$127.5 million. See " Ex-Staff May Sue Directors
<http://www.stuff.co.nz/inl/index/0%2C1008%2C887688a13%2CFF.html> ."
<mailto:ian.dixon@bakernet.com> ian.dixon@bakernet.com or
<mailto:kathleen.thornton@bakernet.com> kathleen.thornton@bakernet.com
Alert Date: 8/15/01

VN - WORKERS TO ENJOY REFRESHMENT POLICY: The Ministry of Labor, War
Invalids and Social Affairs recently issued Official Dispatch No.
1228/BHXH/CDCS guiding the implementation of the refreshment policies for
workers who have entered into social insurance policy. See " Social
Insurance Premium <http://www.bmck.com/gel/articles/Vietnam-Refreshment
Policy.doc> ."  <mailto:fred.burke@bakernet.com> fred.burke@bakernet.com or
<mailto:oliver.massmann@bakernet.com> oliver.massmann@bakernet.com   Alert
Date: 8/15/01

VN - VIETNAM LABOUR MARKET HOOKED UP TO INTERNET VIA NEW WEB SITE: The
Vietnam Tri Thuc Company has recently launched a web site to provide
information on Vietnamese labour exports, including contacts from employment
agencies, procedures for obtaining visas, and other labour conditions. See "
Labour Market Hooked Up <http://www.bmck.com/gel/articles/Vietnam-New Web
Site.doc> ."  <mailto:fred.burke@bakernet.com> fred.burke@bakernet.com or
<mailto:oliver.massmann@bakernet.com> oliver.massmann@bakernet.com   Alert
Date: 8/15/01

VN - AVERAGE INCOME OF WORKERS INCREASES BY 15.9%: According to recent
reports, the average monthly income of workers in state owned sections in
Vietnam for the first half of 2001 is approximately US$58 per month. This is
an increase of 15.9% against the same time last year. See " Average Monthly
Income <http://www.bmck.com/gel/articles/Vietnam-Income Increase by 15.doc>
."  <mailto:fred.burke@bakernet.com> fred.burke@bakernet.com or
<mailto:oliver.massmann@bakernet.com> oliver.massmann@bakernet.com   Alert
Date: 8/15/01

VN - JOBSEEKERS OUTNUMBER VACANCIES: The Ministry of Labor, War Invalids and
Social Affairs recently reported that Vietnam's labour force has grown from
34 million in 1990 to 46 million in 2000. The size of the labour force is
growing by 1.2 million people per year, as more people retire. See "
Unemployment Increases <http://www.bmck.com/gel/articles/Vietnam-Jobseekers
Outnumber Vacancies.doc> ."  <mailto:fred.burke@bakernet.com>
fred.burke@bakernet.com or  <mailto:oliver.massmann@bakernet.com>
oliver.massmann@bakernet.com   Alert Date: 8/15/01

VN - DANGEROUS WORKPLACES CLAIM 1900 VICTIMS: A recent governmental report
suggests that some 1,900 workers were injured in workplace accidents in
Vietnam during the first six months of 2001. The report indicated that
hearing disorders and respiratory problems caused by workplace noise and
dust are the most common occupational health hazards. See " Dangerous
<nhttp://www.bmck.com/gel/articles/Vietnam-Dangerous Workplace.doc>
Workplace."  <mailto:fred.burke@bakernet.com> fred.burke@bakernet.com or
<mailto:oliver.massmann@bakernet.com> oliver.massmann@bakernet.com   Alert
Date: 8/15/01


Europe___CISEurope & CIS	 top
DE - FOREIGN IT WORKERS AFFECTED BY GERMAN SLOWDOWN: On August 2, 2001, the
Green Card Initiative celebrated its one year anniversary, but already
foreign IT experts lured to Germany through the program are being faced with
lay-offs that may force them to leave the country. See " Green Card
Initiative
<http://www.internetnews.com/intl-news/article/0,,6_857911,00.html> ."
<mailto:markus.kappenhagen@bakernet.com> markuskappenhagen@bakernet.com or
<mailto:andre.sayatz@bakernet.com> andre.sayatz@bakernet.com   Alert Date:
8/15/01

DE - germimmigrationGERMANY AND THE IMMIGRATION DEBATE: On August 3, 2001,
the Interior Minister of Germany presented the government's draft
immigration law to parliament. The draft of the new law ignited debates over
this highly controversial issue. See " German Immigration
<http://www.dwelle.de/english/topstory/20010803.html> ."
<mailto:guenther.heckelmann@bakernet.com> guenther.heckelmann@bakernet.com
or  <mailto:betsy.morgan@bakernet.com> betsy.morgan@bakernet.com   Alert
Date: 8/15/01

DE - disabledGERMANY STRENGTHENS THE RIGHTS OF SEVERELY DISABLED EMPLOYEES:
Germany recently enacted legislation to promote the integration of
individuals with disabilities into the workplace. The law grants a
compensation of up to three monthly salaries if an individual with a
disability is denied a job or subject to workplace discrimination. See "
Rights Of Severely Disabled Employees
<http://www.bmck.com/gel/articles/Germany - Strengthens The Rights Of
Severely Disabled Employees.doc> ."  <mailto:Alexander.wolff@bakernet.com>
alexander.wolff@bakernet.com or  <mailto:jaqueline.piran@bakernet.com>
jaqueline.piran@bakernet.com   Alert Date: 8/15/01

DE - HOME OFFICE ALLOWANCE FOR EMPLOYEES IS TAXABLE: Teleworkers and field
workers often use private rooms for office work. According to a recent
decision of the Hamburg Financial Court, allowances paid to the employee by
the employer for the use of a home office are subject to wage taxes. The
court stated that such allowances could not considered to be tax exempted as
other reimbursements, but would constitute part of the employees taxable
remuneration. See " Home Office Allowance
<http://www.handelsblatt.com/hbiwwwangebot/fn/relhbi/sfn/buildhbi/cn/GoArt!2
00014,201174,448626/SH/0/depot/0/index.html> ."
<mailto:jacqueline.piran@bakernet.com> jacqueline.piran@bakernet.com or
<mailto:guenther.heckelmann@bakernet.com> guenther.heckelmann@bakernet.com
Alert Date: 8/15/01

DE - NO REINSTATEMENT CLAIM ONE YEAR AFTER TERMINATION: The German Federal
Labor Court recently overruled a deviating decision of a district labor
court, and held that an employee who has been terminated due to long-term
illness has no right to reinstatement after recovery, if such recovery
occurs one year after his termination. In the case, the employee had been
terminated for long term illness. One year after the termination date, he
recovered and claimed for reinstatement. According to the German Federal
Labor Court, after such long time reinstatement cannot be claimed anymore.
See " Reinstatement  <http://www.bundesarbeitsgericht.de/> Ruling."
<mailto:jacqueline.piran@bakernet.com> jacqueline.piran@bakernet.com or
<mailto:gregor.dornbusch@bakernet.com> gregor.dornbusch@bakernet.com  Alert
Date: 8/15/01

DE - CHANGE OF PARENTAL LEAVE RULES: Effective August 1, 2001, employees can
demand an unpaid leave for up to three years not only after the birth of an
own child or a child of his or her spouse, but now also if they live in an
household with a child of his or her partner (to whom the employee is not
married). Parental leave under German law requires that the employee takes
care for the education of the child. See " Parental Leave
<http://www.bmfsfj.de/top/sonstige/Aktuelles/ix4748_27124.htm?script> ."
<mailto:markus.kappenhagen@bakernet.com> markus.kappenhagen@bakernet.com or
<mailto:jacqueline.piran@bakernet.com> jacqueline.piran@bakernet.com   Alert
Date: 8/15/01

DE - headhunterCOURT ALLOWS HEADHUNTERS TO CALL CANDIDATES AT THEIR
WORKPLACE: A recent decision of the Karlsruhe Higher Civil Court of Appeals
may bring relief to recruiters in Germany. A decision of the Stuttgart Civil
Court of Appeals in late 1999 had disturbed the whole industry; the court
had held that it is a violation of unfair competition rules if a recruitment
consultant calls employees at the workplace to offer them a job on behalf of
a competitor. Now, the Karlsruhe Civil Court of Appeals has decided that
such a call does not violate the employer?s right and that such calls are
permissible. It is likely that the Civil High Court will have the final say
in this matter. See " Headhunter Ruling <http://www.olg-karlsruhe.de/> "
<mailto:markus.kappenhagen@bakernet.com> markus.kappenhagen@bakernet.com or
<mailto:jacqueline.piran@bakernet.com> jacqueline.piran@bakernet.com   Alert
Date: 8/15/01

ES - VICTORIOUS WORKERS END MADRID SQUAT: On August 5, 2001, Spain's longest
industrial dispute ended with a celebration by workers as telephone
technicians won a promise of eleven months back pay. See " Workers
Victorious
<http://www.guardian.co.uk/international/story/0,3604,532323,00.html> ."
<mailto:pilar.tellez@bakernet.com> pilar.tellez@bakernet.com or
<mailto:alex.valls@bakernet.com> alex.valls@bakernet.com   Alert Date:
8/15/01

FR - smugglersFRENCH COURT JAILS PEOPLE SMUGGLERS: A French court recently
jailed a German couple for attempting to smuggle Pakistani men into Britain
by hiding them in the back of a van. See " People Smugglers
<http://www.thetimes.co.uk/article/0,,3-2001273062,00.html> ."
<mailto:gilles.jolivet@bakernet.com> gilles.jolivet@bakernet.com or
<mailto:christine.lagarde@bakernet.com> christine.lagarde@bakernet.com
Alert Date: 8/15/01

FR - FRANCE REFLECTS SLOWDOWN AS THE JOBLESS RATE RISES: On August 1, 2001,
the Institute of Economics and Statistics released data concluding that
France faces its first jobless rate rise in three years and is struggling in
the midst of an economic slowdown. See " France Reflects Slowdown
<http://www.ciol.com/content/news/repts/101080106.asp> ."
<mailto:Denise.broussal@bakernet.com> denise.broussal@bakernet.com or
<mailto:gilles.jolivet@bakernet.com> gilles.jolivet@bakernet.com   Alert
Date: 8/15/01

IE - FOOD PRICES SHOULD REFLECT INCREASED MANUFACTURING COSTS: On August 3,
2001, the Irish Business and Employers Confederation's Director of Sectors
published an article in the Irish Times exploring public response to the
Foot and Mouth Disease crisis and highlighting the importance of the Food
and Drink Sector to the Irish Economy. See " Foot and Mouth Crisis
<http://www.ibec.ie/IBEC/press/PressPublicationsdoclib3.nsf/InternetSearch/0
758CB931066758F80256A0D0045DCB6?OpenDocument> ."
<mailto:ellen.temperton@bakernet.com> ellen.temperton@bakernet.com or
<mailto:christine.obrien@bakernet.com> christine.obrien@bakernet.com   Alert
Date: 8/15/01

IE - UNEMPLOYMENT REMAINS STABLE AT 3.6%: The Irish Business and Employers
Confederation recently announced that the unemployment rate in Ireland has
remained stable in the last eight months, and that prospects for workers are
improving. See " IBEC Statistics
<http://www.ibec.ie/ibec/Press/PressPublicationsdoclib3.nsf/966008fe067c28d8
802569420055bc17/91c55125fb16391c80256a9d005d620c?OpenDocument> ."
<mailto:jenny.andrews@bakernet.com> jenny.andrews@bakernet.com or
<mailto:alexy.armitage@bakernet.com> alexy.armitage@bakernet.com   Alert
Date: 8/15/01

IE - BREACHES OF LABOUR RULES ON TWO SHIPS HIGHLIGHTED: On August 1, 2001,
the International Transport Worker's Federation announced it had discovered
two ships in breach of International Labour Organisation rules since it
began its "Week of Action." See " Labour Rules Breached
<http://www.ireland.com/newspaper/ireland/2001/0802/hom8.htm> ."
<mailto:nigel.moss@bakernet.com> nigel.moss@bakernet.com or
<mailto:jenny.andrews@bakernet.com> jenny.andrews@bakernet.com   Alert Date:
8/15/01

IT - NEW CODE OF CONDUCT FOR LABOUR INSPECTORS: With the declared purpose to
set forth a standard code of conduct for labour inspectors, the Italian
Labour Ministry recently released circular No. 70 (dated July 16, 2001),
which provides basic guidelines for inspections at the employer's premises.
Though this code is mainly conceived as an instrument for the labour
inspectors' use, it also reflects the effort of the Labour Ministry
<http://www.minlavoro.it/>  to make labour inspections as much objective and
transparent as possible.  <mailto:massimiliano.biolchini@bakernet.com>
massimiliano.biolchini@bakernet.com or
<mailto:paolo.soo.invernizzi@bakernet.com> paolo.soo.invernizzi@bakernet.com
Alert Date: 8/15/01

IT - leaveMATERNITY/FAMILY ALLOWANCE: With a circular dated July 16, 2001,
No. 143, the Italian Social Security Agency recently issued instructions and
guidelines on maternity and family allowance. The circular sets forth the
requirements to be met either by mothers or fathers, the amount of the
allowance due, the form to be used for the application, and the relevant
terms of payment by the Social Security Agency <http://www.minlavoro.it/>
(INPS).  <mailto:massimiliano.biolchini@bakernet.com>
massimiliano.biolchini@bakernet.com or
<mailto:paolo.soo.invernizzi@bakernet.com> paolo.soo.invernizzi@bakernet.com
Alert Date: 8/15/01

IT - AN EMPLOYMENT AGREEMENT CAN BE TERMINATED BY THE RELEVANT CONDUCT OF
THE PARTIES: The Italian Supreme Court recently ruled that an employment
contract can be terminated by way of mutual consent, even in the case where
the consent is not expressed by written statement but by a relevant conduct
of the parties, as is the case when a long time has passed by after the
interruption of the relationship and the parties' conduct reflect the total
lack of interest of both parties to continue the relationship. See "
Employment Contracts <http://www.minlavoro.it/> ."
<mailto:massimiliano.biolchini@bakernet.com>
massimiliano.biolchini@bakernet.com or
<mailto:paolo.soo.invernizzi@bakernet.com> paolo.soo.invernizzi@bakernet.com
Alert Date: 8/15/01

IT - REPLACEMENT OF SECONDED EMPLOYEES ON A FIXED-TERM BASIS: The Italian
Labour Ministry <http://www.minlavoro.it/>  recently clarified that in case
of temporary secondment of an employee to an affiliated company belonging to
the same group, another employee can be hired on a fixed-term contract for
the same length of time to replace the former in his or her vacant job
position until the secondment expires.
<mailto:massimiliano.biolchini@bakernet.com>
massimiliano.biolchini@bakernet.com or
<mailto:paolo.petrosillo@bakernet.com> paolo.petrosillo@bakernet.com  Alert
Date: 8/15/01

RU - SPECIAL COURT FOR LABOUR DISPUTES WILL OPEN SOON: On August 6, 2001,
Russian Labour Minister Alexander Pochinok announced that a special court
for labour disputes will open next month as a pilot project meant to pave
the way for a New Labour Code once it is passed into law. Mr. Pochinok said
that about 2 million labour violations were registered by 4,500 inspectors
last year and the regular courts are unable to sort out all of these
disputes. The specialized labour court will be located in Moscow and will
operate under the existing Labour Code until the New Labour Code is approved
in a final reading of the Russian State Duma. See " Pochinok Plans Pilot
Labor Court <http://www.themoscowtimes.com/stories/2001/08/06/013.html> ."
<mailto:Evgeny.reyzman@bakernet.com> evgeny.reyzman@bakernet.com or
<mailto:julia.borozdna@bakernet.com> julia.borozdna@bakernet.com   Alert
Date: 8/15/01

RU - NORTH KOREA PAYS ITS DEBT TO RUSSIA WITH FREE LABOUR: On August 3,
2001, an official from the Russian Economic Development and Trade Ministry
stated that North Korea is paying off its Soviet-era debt to Russia by
sending workers to work without pay or for an insignificant salary in labour
camps across Siberia. The Economic Development and Trade Ministry officially
clarified such workers as "exports," and calculated that they accounted for
90% of all "goods" imported from North Korea every year. According to the
official, Pyongyang reduced its US$3.8 billion debt to Moscow in this way by
US$50.4 million last year. See " Pyongyang Pays Russia With Free Labor
<http://www.themoscowtimes.com/stories/2001/08/06/002.html> ."
<mailto:Evgeny.reyzman@bakernet.com> evgeny.reyzman@bakernet.com or
<mailto:julia.borozdna@bakernet.com> julia.borozdna@bakernet.com   Alert
Date: 8/15/01

RU - UNEMPLOYMENT LEVEL DROPS BY 17% IN MOSCOW IN 2001: On August 8, 2001,
the Moscow State Statistics Committee reported that the total number of
unemployed people in Moscow went down 30% compared to January 1, 2000 and
17% compared to January 1, 2001. At the end of June of 2001, there were
52,900 unemployed people in Moscow, only 33,400 of whom were officially
registered. According to statistics, 97% of the active population of Moscow
was employed in May of 2001. See " Unemployment Level Drops By 17% In Moscow
In 2001 <http://www.rbcnews.com/free/20010808114805.shtml> ."
<mailto:Evgeny.reyzman@bakernet.com> evgeny.reyzman@bakernet.com or
<mailto:julia.borozdna@bakernet.com> julia.borozdna@bakernet.com   Alert
Date: 8/15/01

UA - A WORKFORCE IN TRANSITION: A study by Russia's State Committee for
Statistics predicted that within fifty years, Ukraine could experience a
shortage of able-bodied people in the workplace. Immigration combined with
low birth rates and shortened life expectancy could eventually pose a threat
to the viability of the nation's workforce. Illegal immigration to Ukraine
is also a concern as government officials chart labour resources and social
costs. See " A  <http://www.thepost.kiev.ua/main/9415> Work Force In
Transition."  <mailto:serhiy.v.corny@bakernet.com>
serhiy.v.corny@bakernet.com or  <mailto:julia.borozdna@bakernet.com>
julia.borozdna@bakernet.com   Alert Date: 8/15/01

UK - MCDONALD'S FINED FOR CHILD LABOUR: On August 1, 2001, two McDonald's
restaurants in one of Great Britain's wealthiest areas were fined ?12,400
for allegedly exploiting child workers. This is thought to be one the
largest fines imposed on a company for allegedly breaking laws related to
child working conditions. See " McDonalds Fined
<http://www.guardian.co.uk/Archive/Article/0,4273,4231649,00.html> ."
<mailto:michael.ingle@bakernet.com> michael.ingle@bakernet.com or
<mailto:nigel.moss@bakernet.com> nigel.moss@bakernet.com   Alert Date:
8/15/01

UK - UK AT WORK STILL NOT LISTENING: According to the Aon Loyalty
Institute's annual study of workplace commitment, British employers are
focusing in on the wrong priorities when attracting and retaining talent.
See " Workplace Study
<http://www.shrmglobal.org/publications/personneltoday/0601.htm> ."
<mailto:michael.ingle@bakernet.com> michael.ingle@bakernet.com or
<mailto:ellen.temperton@bakernet.com> ellen.temperton@bakernet.com   Alert
Date: 8/15/01

UK - EMPLOYER HEALTH PLANS OUTDATED: A recent survey concluded that many UK
employer-sponsored health insurance plans favor married couples over their
unmarried counterparts. The survey revealed that a significant number of
healthcare plans appear to be out of touch with current social trends. See "
UK Health Care
<http://www.businessinsurance.com/editorial/updates.php3?action=view&id=2300
> ."  <mailto:christine.obrien@bakernet.com> christine.obrien@bakernet.com
or  <mailto:michael.ingle@bakernet.com> michael.ingle@bakernet.com   Alert
Date: 8/15/01

UK - COMPANY CONVICTED OF MANSLAUGHTER: A construction company was recently
convicted of causing the death of a crew foreman while on the job. The
company pled guilty to manslaughter and to breaching health and safety law.
See " Company Convicted Of Manslaughter
<http://www.businessinsurance.com/editorial/updates.php3?action=view&id=2298
> ."  <mailto:ellen.temperton@bakernet.com> ellen.temperton@bakernet.com or
<mailto:jenny.andrews@bakernet.com> jenny.andrews@bakernet.com   Alert Date:
8/15/01


Africa_Middle_EastAfrica/Middle East	 top
BH - visaGRACE PERIOD FOR FREE VISA WORKERS BEGINS: On August 1, 2001, the
six-month grace period for "free visa" workers began as Bahrain's Ministry
of Labour and Social Affairs set out to implement a new order to organize
the local transfer cases for expatriate workers and regulate the country's
labour force. See " Grace Period
<http://www.bah-molsa.com/english/news1-8-2001b.htm> ."
<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: 8/15/01

IL - smokingISRAEL INTRODUCES SMOKING BAN: On August 1, 2001, a ban on
smoking in public places took effect in Israel. Offices, restaurants, and
corridors in all public buildings are now smoke-free zones, except for
special smoking areas. See " Smoking Ban
<http://news.findlaw.com/ap_stories/i/1107/8-1-2001/20010801174754060.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: 8/15/01

KE - DRIVE TO REVIVE COTTON INDUSTRY: On August 12, 2001, the Kenyan
Government outlined measures to revive the ailing textile industry that
would employ more than 200,000 people if successful. The campaign would
involve 2.1 million acres of land that are available for cotton growing and
called on farmers to utilise the existing production and marketing
potential. See " Cotton Industry
<http://allafrica.com/stories/printable/200108080429.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: 8/15/01

ZA - MOTOR STRIKE OPENS DIVISIONS AND UNION TOLD TO ACCEPT EMPLOYERS' OFFER:
On August 8, 2001, a national strike heeded by about 10,000 motor industry
workers in the Eastern Cape has reopened cracks between National Union of
Metalworkers of South Africa (NUMSA) and the Oil, Chemical and General
Allied Workers Union (OCGAWU). NUMSA has encouraged workers to go on strike
for a 12% increase, while OCGAWU urged workers to return to work and accept
a 7.5% increase. See " Motor Strike
<http://allafrica.com/stories/printable/200108080316html> ."
<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: 8/15/01

ZA - AFRICAN NATIONAL CONGRESS FACES THE REBELLION: On August 2, 2001, the
leadership of the African National Congress (ANC) announced its anger at
renewed criticism at its economic policies, both from within the ANC and by
its union and communist allies. See " ANC
<http://www.fm.co.za/01/0803/currents/acurrent.htm> Faces The Rebellion."
<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: 8/15/01


South_AmericaSouth America	 top
AR - ARGENTINIAN ROADS BLOCKED IN PROTESTS OVER ECONOMY: On August 6, 2001,
thousands of state workers and unemployed people blocked roads across
Argentina protesting government austerity plans. The road blocks are the
latest fiasco as Argentina begins its fourth year of recession, with an
unemployment rate of more than 16%. See " Argentinian Road Block
<http://www.ananova.com/business/story/sm_364429.html> ."
<mailto:carlos.dodds@bakernet.com> carlos.dodds@bakernet.com or
<mailto:daniel.orlansky@bakernet.com> daniel.orlansky@bakernet.com   Alert
Date: 8/15/01

AR - ARGENTINES PROTEST AGAINST PAY CUTS: On August 11, 2001, Argentina's
state workers continued to strike against President Fernando De la Rua's
decision to cut government salaries and pensions by 13%. The cuts are part
of an effort to prevent the country from defaulting on its debt and to allay
concerns of possible currency devaluation. See " State Worker Protest
<http://news.bbc.co.uk/hi/english/world/americas/newsid_1481000/1481313.stm>
."  <mailto:carlos.dodds@bakernet.com> carlos.dodds@bakernet.com or
<mailto:micaela.geiderman@bakernet.com> micaela.geiderman@bakernet.com
Alert Date: 8/15/01

AR - NEW ZERO-DEFICIT PLAN LAW: Argentina recently passed Law 25,453 which
suspends enforcement of the increase in the computable personal deduction
established by Executive Order 860/2001. The recent modification of
Executive Order 81420/01 established the new employers' contribution rates.
See " Employer Contribution <http://www.bmck.com/gel/articles/Argentina-Zero
Deficit Plan.doc> ."  <mailto:Carlos.dodds@bakernet.com>
carlos.dodds@bakernet.com or  <mailto:maria.oliver@bakernet.com>
maria.oliver@bakernet.com   Alert Date: 8/15/01


North_AmericaNorth America	 top
CA - CANADIAN DAY TRADER SETTLES CLAIMS OVER LUCENT POSTINGS: The U.S.
Securities & Exchange Commission recently settled fraud charges against Fred
Moldofsky, a day trader accused of posting fake press releases on the
Internet. Moldofsky, a Canadian citizen, had claimed that Lucent
Technologies would not meet earnings projections. In March of 2001,
Moldofsky was separately convicted by a jury on criminal charges of
securities fraud for the Lucent postings and is scheduled to be sentenced in
September of 2001. See " Lucent Internet Postings
<http://www.siliconvalley.com/docs/news/tech/052885.htm> ."
<mailto:stewart.saxe@bakernet.com> stewart.saxe@bakernet.com or
<mailto:neal.sommer@bakernet.com> neal.sommer@bakernet.com   Alert Date:
8/15/01

CA - NEW BRUNSWICK'S NURSING HOME WORKERS ON STRIKE: On August 12, 2001, the
2,500 members of the New Brunswick Council of Nursing Home Workers walked
off the job after continuous demands to end short staffing and work
overload. See " Nursing Home Workers Strike
<http://www.cupe.ca/mediaroom/newsreleases/showitem.asp?id=3156&cl=1> ."
<mailto:kevin.b.coon@bakernet.com> kevin.b.coon@bakernet.com or
<mailto:m.lisa.kirby@bakernet.com> m.lisa.kirby@bakernet.com   Alert Date:
8/15/01

CA - THE CASE FOR ADOPTING A SHORTER WORK WEEK: A workplace consultant has
recently examined the possibility of a four-day work week in Canada. He
claims that Canada could follow Europe's lead by increasing productivity and
living standards while allowing its citizens to spend less time at work and
more time on other priorities. See " Four Day Work Week
<http://www.ottawacitizen.com/national/010808/5055205.html> ."
<mailto:stewart.d.saxe@bakernet.com> stewartd.saxe@bakernet.com or
<mailto:neal.b.sommer@bakernet.com> neal.b.sommer@bakernet.com   Alert Date:
8/15/01

CA - TINKERING WILL NOT MAKE NAFTA A DEMOCRATIC DEAL: On August 1, 2001, the
Council of Canadians and the Canadian Union of Postal Workers reacted to
modest changes in NAFTA's investment rules. The organizations criticized the
trade deal by announcing that cosmetic reforms will do nothing to correct
the problems that NAFTA's Chapter 11 has created by granting corporations
the right to sue governments. See " NAFTA Chapter 22
<http://www.newswire.ca/releases/August2001/01/c6626.html> ."
<mailto:william.r.watson@bakernet.com> william.r.watson@bakernet.com or
<mailto:allan.h.turnbull@bakernet.com> allan.h.turnbull@bakernet.com   Alert
Date: 8/15/01

CA - ONTARIO NURSING SHORTAGE EASING: On August 7, 2001, Ontario's health
minister released a progress report stating that the province's nursing
crisis is easing because of the government's increased financial commitment
to the profession. See " Joint Provincial Nursing Committee
<http://www.newswire.ca/government/ontario/english/releases/August2001/07/c7
788.html> ."  <mailto:carol.patterson@bakernetcom>
carol.patterson@bakernet.com or  <mailto:cheryl.j.elliott@bakernet.com>
cheryl.j.elliott@bakernet.com   Alert Date: 8/15/01

MX - FOX TO BAN U.S. TRUCKS IN MEXICO: On August 2, 2001, President Vicente
Fox said he would bar American trucks from Mexico until Mexican truckers are
allowed on U.S. highways. Mexico has not allowed U.S. trucks to enter
Mexican territory since February of 2001, when a NAFTA arbitration panel
ruled the U.S. was violating the treaty, which was to open the two countries
up to unrestricted truck traffic. See " Mexico-U.S. Trucking Dispute
<http://news.findlaw.com/ap_stories/i/1102/8-3-2001/20010803023829480.html>
."  <mailto:francisco.j.legarreta@bakernet.com>
francisco.j.legarreta@bakernet.com or  <mailto:hector.granados@bakernet.com>
hector.granados@bakernet.com   Alert Date: 8/15/01

MX - MEXICAN LABORERS TESTIFY THEY WERE BEATEN AFTER PROMISED CHANCE TO
WORK: On August 6, 2001, two Mexican laborers testified they were attacked
with knives and shovels after being tempted to an abandoned building by
promises of work. The testimony surfaced in a criminal case in New York.
Prosecutors accuse the defendants of planning an attack because of
employment discrimination toward Mexicans. See " Mexican Laborers Beaten
<http://news.findlaw.com/ap_stories/l/0000/8-7-2001/20010807020332100.html>
."  <mailto:luis.g.villazon-mendez@bakernet.com>
luis.g.villazon-mendez@bakernet.com or
<mailto:allejandro.resendiz-tellez@bakernet.com>
allejandro.resendiz-tellez@bakernet.com   Alert Date: 8/15/01

MX - MEXICO MAQUILADORA EMPLOYMENT FELL IN MAY OF 2001: The Mexican
Government's statistics agency recently released a report concluding that
employment in Mexico's maquiladora export sector, which imports raw
materials and turns them into finished goods for export, fell 2.9 percent in
May of 2001 from the same month one year ago.
<mailto:jorge.a.de.regil@bakernet.com> jorge.a.de.regil@bakernet.com or
<mailto:m.rosario.lombera-gonzalez@bakernet.com>
m.rosario.lombera-gonzalez@bakernet.com   Alert Date: 8/15/01

US - REDUCTION IN HOURS MAY GIVE EMPLOYEE CAUSE TO QUIT AND RECEIVE
UNEMPLOYMENT COMPENSATION: In Florida, as in most states, an employee who
quits his or her job for "good cause attributable to the employer" is
entitled to unemployment compensation. In a recent decision, Florida's
Fourth District of Appeals held that the employer's reduction in the
employee's work hours to six hours per day may constitute "good cause" for
the employee to quit even though the employer did not guarantee the employee
a specific number of hours at the time of hire. See " Manning v. State of
<http://www.4dca.org/opfrm.html> Florida Unemployment Appeals Commission."
<mailto:richard.tuschman@bakernet.com> richard.tuschman@bakernet.com or
<mailto:frank.henry@bakernet.com> frank.henry@bakernet.com   Alert Date:
8/15/01

US - THREE OFFENSIVE UTTERANCES DO NOT CREATE A HOSTILE WORK ENVIRONMENT:
Three offensive utterances by a co-worker over a one month period, including
two statements of a racial nature, do not create a hostile work environment
in violation of Title VII of the Civil Rights Act of 1964, according to a
recent decision by the U.S. Court of Appeals for the Seventh Circuit.
Affirming the district court's ruling in favor of the employer, the Seventh
Circuit held that regardless of the plaintiff's subjective beliefs, her
co-worker's statements did not rise to the level of an objectively hostile
work environment. See " Logan v. Kautex Textron North America
<http://www.ca7.uscourtsgov/fox/foxweb.exe/Op3?submit1=showop&caseno=00-3128
> ."  <mailto:kevin.s.simon@bakernet.com> kevin.s.simon@bakernet.com or
<mailto:craig.r.annunziata@bakernet.com> craig.r.annunziata@bakernet.com
Alert Date: 8/15/01

US - strikingLAID-OFF WORKERS ARE STRIKING BACK: As the U.S. economy
continues to stagnate and lay-offs proliferate, some workplace experts say
it is becoming more important than ever for employers to be vigilant against
retaliation by the people they are letting go. Workplace violence and acts
of industrial sabotage are the prime concerns. See " Laid-Off Workers Get
Revenge <http://tm0.com/IHT/sbct.cgi?s=117635315&i=372053&d=1605510> ."
<mailto:gerald.l.maatman@bakernet.com> gerald.l.maatman@bakernet.com or
<mailto:brian.s.arbetter@bakernet.com> brian.s.arbetter@bakernet.com  Alert
Date: 8/15/01

US - INDUSTRIAL SPY ACCUSED OF STEALING TRADE SECRETS: The U.S. Federal
Bureau of Investigation recently accused Xingkun Wu, a former Corning
scientist, of espionage for allegedly downloading product-design documents
from his computer before resigning from Corning in April of 2001. The U.S.
Economic Espionage Act of 1996 makes theft of proprietary economic
information a felony punishable by a US$10 million fine and a 15-year prison
sentence. FBI agents believe that Wu may have returned to his native China.
See " Industrial Espionage
<http://news.cnet.com/news/0-1004-200-6746982.html> ."
<mailto:william.l.schaller@bakernet.com> william.l.schaller@bakernet.com or
<mailto:john.m.murphy@bakernet.com> john.m.murphy@bakernet.com  Alert Date:
8/15/01

US - CHRISTIAN COALITION ORDERED BY COURT NOT TO RETALIATE: The U.S.
District Court for the District of Columbia issued a preliminary injunction
recently ordering the Christian Coalition of America Inc. not to retaliate
against nine African-American current and former employees who are suing for
race discrimination. The employees claimed that the coalition cut their work
hours dramatically, forcing several of them to quit in retaliation for their
discrimination lawsuit. The issuance of such an injunction is exceedingly
rare in employment discrimination lawsuits. See " Lee v. Christian
<http://www.dcd.uscourts.gov/01-405.doc> Coalition."
<mailto:robert.p.lewis@bakernet.com> robertp.lewis@bakernet.com or
<mailto:lauerence.e.stuart@bakernet.com> lauerence.e.stuart@bakernet.com
Alert Date: 8/15/01

US - EMPLOYEE ARBITRATING COMMON LAW CLAIMS MUST PAY ARBITRATION FEES: The
U.S. Court of Appeals for the District of Columbia held recently that a 1997
ruling that exempted employees who agreed to arbitrate federal statutory
claims from paying certain arbitration fees did not extend to employees'
common law claims rooted in public policy. See " Brown v. Wheat First
Securities Inc.
<http://pacer.cadc.uscourts.gov/common/opinions/200107/00-7171a.txt> "
<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: 8/15/01

US - UNIVERSITY EMPLOYEE FIRED OVER MP3 FILES: On August 2, 2001,
Northwestern University fired an employee after tech support found 2,000 MP3
files on her office computer. The university was tipped off by ex-Beatle
George Harrison's music publishers who traced downloads to the employee's
computer.  <mailto:micheal.j.wagner@bajernet.com>
micheal.j.wagner@bajernet.com or  <mailto:andrew.j.boling@bakernet.com>
andrew.j.boling@bakernet.com  Alert Date: 8/15/01

US - OSHA LISTS EMPLOYERS WITH HIGHEST INJURY RATES: On August 3, 2001, the
U.S. Occupational Safety and Health Administration (OSHA) electronically
published a list of  <http://www.osha-slc.gov/as/opa/foia/hot_7.html> 14,000
employers who received notices that their reported workplace injury rate for
1999 was unusually high. OSHA stated that these employers reported eight or
more injuries and illnesses resulting in lost workdays for every 100
full-time workers. Of the 14,000 workplaces notified, OSHA intends to
inspect approximately 1,000 facilities. OSHA also noted that state agencies
may conduct additional inspections of listed employers at their discretion.
See " OSHA Employer Injury Listing
<http://www.osha.gov/media/oshnews/aug01/trade-20010803.html> ."
<mailto:brian.s.arbetter@bakernet.com> brian.s.arbetter@bakernet.com or
<mailto:peter.j.gillespie@bakernet.com> peter.j.gillespie@bakernet.com
Alert Date: 8/15/01

US - OSHA ANNOUNCES PROGRAM TO SAFEGUARD SHIPBREAKING WORKERS: On August 2,
2001, the U.S. Occupational Safety and Health Administration (OSHA)
announced the creation of a new national emphasis program directed towards
employees involved in dismantling ships. Pursuant to a November 16, 1999
Memorandum of Agreement <http://www.osha-slc.gov/MOU_data/MOU19991116.html>
with the U.S. Departments of Defense and Transportation, and the
Environmental Protection Agency, OSHA issued compliance directive CPL
2-0.129 <http://www.osha-slc.gov/OshDoc/Directive_data/CPL_2-0_129.html> ,
which identifies 19 hazardous workplace activities on which the agency will
focus its inspections. These hazards include exposure to PCBs, lead,
asbestos, confined spaces, and paint removal. See " OSHA Ship Inspections
<http://wwwosha.gov/media/oshnews/aug01/trade-20010802.html> ."
<mailto:brian.s.arbetter@bakernet.com> brian.sarbetter@bakernet.com or
<mailto:peter.j.gillespie@bakernet.com> peter.j.gillespie@bakernet.com
Alert Date: 8/15/01

US - MICROSTRATEGY SUES FORMER EXECUTIVE: Microstrategy has recently filed
suit against eGrail and CEO Joseph Payne, MicroStrategy's former marketing
executive, claiming that Payne violated the terms of an employment contract.
It is seeking up to US$11.5 million in damages. See " MicroStrategy Sues For
Employment Contract Violation
<http://www.newsbytes.com./news/01/168584.html> ."
<mailto:andrew.b.cripe@bakernet.com> andrew.b.cripe@bakernet.com or
<mailto:ben.a.neiburger@bakernet.com> ben.a.neiburger@bakernet.com   Alert
Date: 8/15/01

US - TREASURY TO OFFER 401(K) 'CATCH-UP' GUIDANCE: The U.S. Treasury
Department recently announced it expects to publish guidance within 90 days
to help employers comply with a key provision in the new tax law that will
allow older employees to make "catch-up" contributions to their 401(K)
plans. See " 401(K) Catch Up
<http://www.businessinsurance.com/editorial/updates.php3?action=view&id=2266
> ."  <mailto:kerry.r.weinger@bakernet.com> kerry.r.weinger@bakernet.com or
<mailto:maura.ann.mcbreen@bakernet.com> maura.ann.mcbreen@bakernet.com
Alert Date: 8/15/01

US - LAWSUIT FILED TO BLOCK REFERENDUM ON GAY RIGHTS BILL: Supporters of a
new Maryland law banning discrimination against homosexuals recently filed a
lawsuit seeking to prevent a vote on the law in the 2002 general election.
The suit claims that local election boards certified invalid signatures that
have currently stopped enforcement of the law. The law prohibits any type of
employment discrimination on the basis of sexual orientation. See " Gay
Rights Bill
<http://news.findlaw.com/ap_stories/1/0000/7-31-2001/20010731050957950.html>
."  <mailto:steve.a.miller@bakernet.com> steve.a.miller@bakernet.com or
<mailto:jonathan.e.hyun@bakernet.com> jonathan.e.hyun@bakernet.com   Alert
Date: 8/15/01

US - BUSH STRIKES PATIENTS' RIGHTS DEAL: On August 2, 2001, U.S. President
Bush and Rep. Charles Norwood (R-Georgia), reached an agreement on a
patients' rights bill. Bush and Norwood agreed to compromise on the issue of
where workers may sue their employer-provided health plans. See " Patient
Bill Of Rights
<http://www.plansponsor.com/eprise/main/PlanSponsor/News/Rules/pborhouseappr
oval0802> ."  <mailto:mark.l.karasik@bakernet.com>
mark.lkarasik@bakernet.com or  <mailto:brian.s.arbetter@bakernet.com>
brian.s.arbetter@bakernet.com   Alert Date: 8/15/01

US - MENTAL HEALTH PARITY COVERAGE TO COST US$1.32 PER MONTH: On August 1,
2001, PricewaterhouseCoopers completed an actuarial analysis of the Mental
Health Equitable Treatment Act of 2001. The analysis concluded that mental
health coverage on par with physical health coverage would cost employers
only 1 percent, or US$1.32 per enrollee, per month. The U.S. Surgeon General
has said there is no scientific justification for treating mental health
benefits differently from other benefits. See " Mental Health Coverage
<http://news.excite.com/news/pr/010801/dc-asa-health-parity> ."
<mailto:brian.k.wydajewski@bakernet.com> brian.k.wydajewski@bakernet.com or
<mailto:charles.r.topping@bakernet.com> charles.r.topping@bakernet.com
Alert Date: 8/15/01

US - ALLSTATE FACES TERMINATION SUIT: On August 1, 2001, twenty seven former
and current Allstate insurance agents filed a class action wrongful
termination suit alleging that the company let go 6,400 employees to cut
costs on benefits and to rid it of employees over 40 years old. The lawsuit
is filed in U.S. District Court in Philadelphia. See " Allstate Class Action
<http://www.chicagobusiness.com/cgi-bin/news.pl?post_date=2001-08-02&id=2998
> ."  <mailto:kevin.s.simon@bakernet.com> kevin.s.simon@bakernet.com or
<mailto:jill.walschalager@bakernet.com> jill.s.walschalager@bakernet.com
Alert Date: 8/15/01

US - HEALTH EDUCATION AND PREVENTATIVE CARE ON THE RISE: A recent study
surveying 1,020 U.S. companies concluded that an increasing number of
American employers are turning to education and preventative measures to
control rising health care costs. The study asserts that 92 percent of
United States-based companies currently offer some kind of health promotion
program. See " Health Promotion/Managed Health Provided By Major U.S.
<http://was.hewitt.com/hewitt/resource/newsroom/pressrel/2001/07-24-01.htm>
Employers In 2000."  <mailto:gina.l.knight@bakernet.com>
gina.l.knight@bakernet.com or  <mailto:carole.a.spink@bakernet.com>
carole.a.spink@bakernet.com   Alert Date: 8/15/01

US - COURT REJECTS ADA DISCRIMINATION CLAIM BASED ON COGNITIVE PROBLEM
CAUSED BY CHEMOTHERAPY: The U.S. Court of Appeals for the First Circuit
ruled recently that a secretary could not prevail on her ADA claim because
her cognitive impairment, caused by chemotherapy, was mild, reversible, and
short lived. To prevail, the employee would have to establish the impairment
was profound enough and of sufficient duration, given the nature of her
impairment, to hamper her ability to work or to learn. According to the
court, the record did not support either restriction. See " Whitney v.
Greenberg, Rosenblatt, Kull
<http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=1st&navby=case&no=00
2319> & Bitsoli."  <mailto:steve.a.miller@bakernet.com>
steve.a.miller@bakernet.com or  <mailto:michael.a.cox@bakernet.com>
michael.a.cox@bakernet.com  Alert Date: 8/15/01
	
US - "PREDATOR" OR "INTERESTED MAN" MAY BE HARASSER: The U.S. Court of
Appeals for the Fourth Circuit ruled recently that an employee who failed to
take advantage of her employer's sexual harassment complaint policy could
not hold the employer liable for sexual harassment. The court rejected the
maintenance worker's argument that she delayed reporting her supervisor's
sexual advances until she could decide whether he was a "predator" or merely
an "interested man" who could be rebuffed politely. See " Matvia v. Bald
Head Island Management Inc
<http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=4th&navby=case&no=00
1650P> ."  <mailto:jill.s.walschlager@bakernet.com>
jill.s.walschlager@bakernet.com or  <mailto:andrew.b.cripe@bakernet.com>
andrew.b.cripe@bakernet.com   Alert Date: 8/15/01

US - PEO LEGISLATION INTRODUCED IN U.S. CONGRESS: Federal legislation to
codify the rights of professional employer organizations (PEO's) was
introduced in the U.S. Congress on August 2, 2001. Congressmen Rob Portman
(R-OH) and Ben Cardin (D-MD) introduced H.R. 2807 in the House of
Representatives and Senators Bob Graham (D-FL) and Chuck Grassley (R-IA)
introduced S. 1305 in the U.S. Senate. The bills provide a new safe harbor
for PEO's that elect to meet certain certification requirements. Certified
PEO's would be permitted to assume liability for employment taxes of
worksite employees and to sponsor and offer retirement plans and other
benefits to such workers. See " PEO Legislation
<http://thomas.locgov/cgi-bin/query/C?c107:./temp/~c1078x4km4> ."
<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: 8/15/01

US - DEPARTMENT OF LABOR PUBLISHES FINAL RULE TO EASE ALIEN LABOR
CERTIFICATION BACKLOGS: On August 3, 2001, the U.S. Department of Labor
(DOL) promlugated a proposed final rule to implement changes to the alien
labor certification process that will reduce the processing time for new and
pending applications at state employment security agencies (SESAs). This
rule will authorize SESAs to permit employers to convert pending alien labor
certification cases to Reduction in Recruitment Requests, which are given
expedited processing at DOL offices. This new approach is also expected to
enable the DOL to devote more resources towards the development and
implementation of a more efficient alien labor certification processing
system. See " DOL  <http://www.access.gpo.gov/su_docs/aces/aces140.html>
Alien Registration."  <mailto:david.m.serwer@bakernet.com>
david.mserwer@bakernet.com or  <mailto:betsy.s.morgan@bakernet.com>
betsy.s.morgan@bakernet.com   Alert Date: 8/15/01

US - FAILURE TO KEEP RECORDS OF HOURS WORKED MAY PRECLUDE EMPLOYER FROM
PROVING OVERTIME EXEMPTION: In a decision on August 6, 2001, the U.S. Court
of Appeals for the Eleventh Circuit ruled that an auto repair shop's
practice of paying a painter a "flat rate" depending on the work he
performed rather than the hours he worked was a form of commission payment
under the Fair Labor Standards Act (FLSA). However, the Eleventh Circuit
held that because the employer failed to maintain records of the hours the
employee actually worked, his regular rate of pay could not be determined,
and the district court therefore erred in granting summary judgment to the
employer under the FLSA's commission payment overtime exemption. See "
Klinedinst v.  <http://www.ca11.uscourts.gov/opinions.htm> Swift
Investments, Inc."  <mailto:richard.tuschman@bakernet.com>
richard.tuschman@bakernet.com or  <mailto:neil.mcguinness@bakernet.com>
neil.mcguinness@bakernet.com   Alert Date: 8/15/01

US - DOMINGUEZ TAKES OATH AS EEOC CHAIR: On August 6, 2001, Cari M.
Dominguez was sworn in as Chair of the U.S. Equal Employment Opportunity
Commission (EEOC). Dominguez will serve as the chief executive of the EEOC
for a five-year term. See " New EEOC Chair
<http://www.eeoc.gov/press/8-6-01.html> ."
<mailto:john.m.murphy@bakernet.com> john.m.murphy@bakernet.com or
<mailto:gerald.l.maatman@bakernet.com> gerald.l.maatman@bakernet.com   Alert
Date: 8/15/01

US - USE OF W-2 DEFINITION OF "EMPLOYEE" IN DENYING BEENFITS NOT ARBITRARY:
On August 2, 2001, the U.S. Court of Appeals for the Ninth Circuit ruled
that a pension plan administrator acted properly when applying the
definition of "employee," as used by the Internal Revenue Service, in
connection with its W-2 tax withholding form. See " Hensley v. Northwest
Permanente P.C.
<http://www.ca9.uscourts.gov/ca9/newopinions.nsf/2457FDB8B7C15C2688256A9C005
962B2/$file/9935936.pdf?openelement> "
<mailto:kerry.r.weinger@bakernet.com> kerry.r.weinger@bakernet.com or
<mailto:maura.ann.mcbreen@bakernet.com> maura.ann.mcbreen@bakernet.com
Alert Date: 8/15/01

US - CONTRACT WITH UNVERSITY MERITS SAME REVIEW AS SIMILAR PRIVATE
CONTRACTS: The Pennsylvania Supreme Court recently ruled that breach of
contract claims involving internal university decisions should be given the
same review as all private contracts. The ruling arose from a case where a
tenured law professor at Duquesne University filed for breach of contract
after he was accused of sexual harassment and terminated from the
university. See " Murphy v. Duquesne University
<http://www.courts.state.pa.us/opposting/supreme/out/j-38-2001-mo.pdf> ."
<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: 8/15/01

US - INS APPROVED 138,000 PETITIONS FOR H-1B VISAS IN 10 MONTHS: On August
3, 2001, the U.S. Department of Immigration and Naturalization Service
announced that approximately 138,000 petitions for H-1B work visas were
approved from October 1, 2000 to July 25, 2001. The number of approved
petitions is well short of the 195,000 annual cap placed on visa approvals.
See " Approved  <http://www.ins.usdoj.gov/graphics/index.htm> Visa Total
Down."  <mailto:betsy.s.morgan@bakernet.com> betsys.morgan@bakernet.com or
<mailto:lynda.s.zengerle@bakernet.com> lynda.s.zengerle@bakernet.com   Alert
Date: 8/15/01

US - UPCOMING STUDY FINDS WIDE DIFFERENCES AMONG EEOC OFFICES: According to
a study scheduled for fall publication in the Kansas Law Review, there is
"enormous variation" in the way the U.S. Equal Employment Opportunity
Commission's field offices handle discrimination charges under the Americans
With Disabilities Act. See " EEOC Critiques
<http://www.law.umkc.edu/lawresources/lawreview/law.htm> ."
<mailto:Jill.s.walschlager@bakernet.com> jill.s.walschlager@bakernet.com or
<mailto:andrew.b.cripe@bakernet.com> andrew.b.cripe@bakernet.com   Alert
Date: 8/15/01

US - LAY-OFFS JUMP 65% IN JULY OF 2001: U.S. job cut announcements jumped 65
percent to a record level in July of 2001, led by telecommunications,
computer, electronic, and industrial companies. July's total was more than
three times the level of job cuts recorded in the same month last year. See
" Lay-Offs
<http://www.koreaherald.co.kr/SITE/data/html_dir/2001/08/03/200108030014.asp
> ."  <mailto:gerald.l.maatman@bakernet.com> gerald.l.maatman@bakernet.com
or  <mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com
Alert Date: 8/15/01

US - REFUSING TO REINSTATE EMPLOYEE AFTER MATERNITY LEAVE DID NOT VIOLATE
FMLA: On August 1, 2001, the U.S. Court of Appeals for the Seventh Circuit
held that a Wisconsin nursing home did not violate the Family and Medical
Leave Act when it refused to reinstate its activities director after she
took maternity leave. The court found that the employer would have fired her
regardless of her taking leave because she mishandled funds and exhibited
poor performance. See " Kohls v. Beverly Enter. Wis. Inc
<http://www.ca7.uscourts.gov/fox/foxweb.exe/Op3?submit1=showop&caseno=00-206
4> ."  <mailto:jill.s.walschlager@bakernet.com>
jill.s.walschlager@bakernet.com or  <mailto:william.j.dorsey@bakernet.com>
william.j.dorsey@bakernet.com  Alert Date: 8/15/01

US - ADOPTING ANTIDISCRIMINATION POLICY HELD INSUFFICIENT TO INSULATE
EMPLOYER FROM PUNITIVE DAMAGES: The U.S. Court of Appeals for the Seventh
Circuit recently affirmed a jury's award of punitive damages against an
employer in a sexual harassment case in which the evidence showed that the
employer had adopted an anti-discrimination policy but did not make good
faith efforts to implement it. The court noted that when the employee
complained of sexual harassment, her supervisor told her she was "too
emotional" and did not put her complaints in writing. The employer also
failed to give its employees ready access to its anti-discrimination policy.
See " Hertzberg v. SRAM Corporation
<http://www.ca7.uscourts.gov/fox/foxweb.exe/Op3?submit1=showop&caseno=00-182
5> ."  <mailto:gina.l.knight@bakernet.com> gina.l.knight@bakernet.com or
<mailto:craig.r.annunziata@bakernet.com> craig.r.annunziata@bakernet.com
Alert Date: 8/15/01

US - OSHA HEAD CONFIRMED BY U.S. SENATE: On August 6, 2001, the U.S. Senate
voted to confirm John L. Henshaw as the Assistant Secretary of Labor for
Occupational Safety and Health. Mr. Henshaw's prior experience includes
serving as director of environment, safety, and health for Astaris LLC, a
Saint Louis chemical company. During confirmation hearings, Henshaw
suggested that the agency ought to engage in voluntary compliance
partnerships with industry in addition to its enforcement efforts. See "
OSHA Head Confirmed
<http://www.osha.gov/media/oshnews/aug01/national-20010806.html> " and "
Balance Is Needed
<http://www.washingtonpost.com/wp-srv/aponline/20010801/aponline190126_000.h
tm> ."  <mailto:brian.s.arbetter@bakernet.com> brian.s.arbetter@bakernet.com
or  <mailto:peter.j.gillespie@bakernet.com> peter.j.gillespie@bakernet.com
Alert Date: 8/15/01

US - DEPARTMENT OF HEALTH AND HUMAN SERVICES ISSUES PRIVACY GUIDANCE: The
U.S. Department of Health and Human Services (HHS) recently issued the first
in a series of comprehensive guidances for the implementation of the
comprehensive privacy rules for medical records and personal health
information. While most covered entities (including health care providers,
health plans, and other entities such as employers) are not required to
comply until 2003, the rules are extensive and will require review and
planning on the part of those covered. See " HHS Rules
<http://www.hhs.gov/ocr/hipaa> ."  <mailto:michael.j.wagner@bakernet.com>
michael.j.wagner@bakernet.com or  <mailto:peter.gillespie@bakernet.com>
peter.gillespie@bakernet.com  Alert Date: 8/15/01

US - BENEFIT REGULATIONS DRAW CRITICISM: Witnesses at a recent hearing of
the U.S. Internal Revenue Service were critical of several aspects of the
temporary regulations and the proposed regulations on excess benefit
transactions. The regulations issued under Section 4958 of the Internal
Revenue Code would provide guidance for employers on the application of
excise taxes on excess benefits transactions. See " Code
<http://ftp.fedworld.gov/pub/irs-regs/td8705.txt> Sec. 4958."
<mailto:maura.ann.mcbreen@bakernet.com> maura.ann.mcbreen@bakernet.com or
<mailto:brian.k.wydajewski@bakernet.com> brian.k.wydajewski@bakernet.com
Alert Date: 8/15/01

US - UNIONS SUPPORT POLITICAL FUNDS: A recent review of union and government
documents shows that labor unions have spent millions of dollars of workers'
dues on election-year ads and get-out-the-vote drives while reporting no
taxable political expense to the U.S. Internal Revenue Service. See " Unions
Don
<http://news.findlaw.com/ap_stories/f/1310/8-7-2001/20010807020523050.html>
't Cite Political Funds."  <mailto:j.richard.hammett@bakernet.com>
j.richard.hammett@bakernet.com or  <mailto:howard.f.fine@bakernet.com>
howard.f.fine@bakernet.com   Alert Date: 8/15/01

US - STUDY TO SURVEY COCOA FARMS FOR CHILD SLAVE LABOR: The U.S. Agency for
International Development recently announced it will coordinate a survey
starting in early fall to survey cocoa farms in West Africa for evidence of
child slave labor. Support for the survey grew after reports suggested that
cocoa harvested by child slave labor was entering the U.S. chocolate market.
See " Cocoa Farm Survey
<http://www.forbes.com/newswire/2001/06/22/rtr288095.html> ."
<mailto:andrew.j.boling@bakernet.com> andrew.jboling@bakernet.com or
<mailto:jennifer.l.purevich@bakener.com> jennifer.l.purevich@bakener.com
Alert Date: 8/15/01

US - NAFTA PUBLIC FORUM TO HEAR APPLE WORKERS' COMPLAINTS: On August 8,
2001, the U.S. Department of Labor's National Administrative Office hosted a
one-day public forum to hear complaints of apple workers in Yakima,
Washington. Complaints allege that the State of Washington and federal
officials have failed to enforce labor standards and protect apple workers'
health and safety. See " Apple Workers Forum
<http://www.dol.gov/dol/ilab/public/programs/nao/wamailing.htm> ."
<mailto:renee.s.schor@bakernet.com> renee.s.schor@bakernet.com or
<mailto:scott.w.sigman@bakernet.com> scott.w.sigman@bakernet.com   Alert
Date: 8/15/01

US - SURVEY FINDS 16 PERCENT OF U.S. CIVILIANS LACKED HEALTH INSURANCE
COVERAGE IN 2000: On August 3, 2001, the U.S. Health and Human Services
Department's Agency for Healthcare Research and Quality released a survey
concluding that nearly 44 million Americans did not have health insurance in
2000. The data revealed that young adults were at the greatest risk of being
uninsured, with 33.1 percent of the working age population 19 to 24 lacking
insurance. See " Health Insurance Survey
<http://www.meps.ahrq.gov/pubdoc/h022/hic2000stats.htm> ."
<mailto:christopher.g.guldberg@bakernet.com>
christopher.g.guldberg@bakernet.com or  <mailto:andrea.kovar@bakernet.com>
andrea.kovar@bakernet.com   Alert Date: 8/15/01

US - URANIUM WORKERS REJECT CONTRACT: On August 3, 2001, workers at U.S.
Enrichment Corporation's plant in Kentucky rejected a five year contract
proposal from the company, but will not go on strike immediately. The
workers seek improved overtime compensation and benefits. See " Uranium
Workers Reject Offer
<http://news.findlaw.com/ap_stories/f/1310/8-3-2001/20010803023455990.html>
."  <mailto:laurence.e.stuart@bakernet.com> laurence.e.stuart@bakernet.com
or  <mailto:brian.s.arbetter@bakernet.com> brian.s.arbetter@bakernet.com
Alert Date: 8/15/01

US - FEW DISABLED WIN BENEFITS: A recent study by the University of North
Carolina concluded that U.S. Equal Employment Opportunity Commission (EEOC)
rarely wins benefits for disabled workers filing discrimination claims and
allows most cases to grow stale. The EEOC, however, responds that past
backlogs have been reduced, positive results for claimants have increased,
and the study fails to account for cases that have little legal merit. See "
Disabled Americans Win Few Benefits
<http://news.findlaw.com/ap_stories/a/w/1155/8-2-2001/20010802060913500.html
> ."  <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: 8/15/01
	
US - WEA FINED FOR ILLEGAL POLITICAL SPENDING: On August 7, 2001, a court
fined the Washington Education Association, the state's largest teachers'
union, US$400,000 for illegally spending fees collected from non-members on
political campaigns. See " WEA Fined
<http://news.findlaw.com/ap_stories/l/0000/8-1-2001/20010801020612420.html>
."  <mailto:gina.l.knight@bakernet.com> gina.l.knight@bakernet.com or
<mailto:ben.a.neiburger@bakernet.com> ben.a.neiburger@bakernet.com   Alert
Date: 8/15/01

US - APPLE COMPUTER SETTLES WITH WORKER OVER INTERNET POSTINGS: Apple
Computer has settled a lawsuit against Juan Gutierrez, a former temporary
worker who allegedly posted company secrets on the Internet under the
pseudonym "worker bee." As part of the settlement, Apple and Gutierrez
jointly agreed that he would turn over any confidential information he still
had in his possession and refrain from sharing any more information he may
have learned during his time at the Mac maker. See " Apple
<http://news.cnet.com/news/0-1006-200-6804697.html> Computer Settlement."
<mailto:william.l.schaller@bakernet.com> william.l.schaller@bakernet.com or
<mailto:renee.s.schor@bakernet.com> renee.s.schor@bakernet.com   Alert Date:
8/15/01

US - PENSION REFORM GUIDANCE ON THE WAY: On August 1, 2001, the U.S.
Department of Treasury confirmed that guidance on the new pension reform
provisions will be released by September 1, 2001.
<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: 8/15/01

US - FAILURE TO NOTIFY EMPLOYEES OF METHOD OF CALCULATING FMLA LEAVE CAN
RESULT IN LIABILITY: The Family and Medical Leave Act of 1993 (FMLA) allows
employers to choose among four methods for calculating the twelve month
period in which employees are eligible for twelve weeks of FMLA leave. In a
decision issued on August 8, 2001, the U.S. Court of Appeals for the Ninth
Circuit held that if an employer fails to notify employees of its method of
calculation, "the option that provides the most beneficial outcome for the
employee" must be used to determine whether the employee's absences were
covered by the FMLA. See " Bachelder v. America West Airlines, Inc.
<http://www.ca9.uscourts.gov/ca9/newopinions.nsf/67738D773800E32388256AA2000
1DB0A/$file/9917458.pdf?openelement> "
<mailto:richard.tuschman@bakernet.com> richard.tuschman@bakernet.com or
<mailto:renee.s.schor@bakernet.com> renee.s.schor@bakernet.com   Alert Date:
8/15/01

US - DESPITE EMPLOYER'S INCLUSION OF MANAGERS ON EMPLOYEE PARTICIPATION
COMMITTEES, NLRB RULES COMMITTEES ARE LAWFUL: In a unanimous decision, the
U.S. National Labor Relations Board recently ruled that an employer's use of
employee participation committees that included management members was
lawful and did not violate the National Labor Relations Act. Key to the
ruling was the fact that the committees did not deal with management in a
bilateral fashion of making proposals that are accepted or rejected by
management. Rather, the committees exercised authority, delegated by
management, to operate the plant within certain parameters. See " Crown Cork
<http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=nlrb&docid=f:334-
92.pdf> & Seal Co. and Martin Rodriguez."
<mailto:brian.s.arbetter@bakernet.com> brian.s.arbetter@bakernet.com or
<mailto:steven.e.miller@bakernet.com> steven.e.miller@bakernet.com   Alert
Date: 8/15/01

US - AFL-CIO SURVEY SHOWS THAT HALF OF AMERICAN WORKERS BELIEVE THAT U.S.
PRESIDENT BUSH FAVORS EMPLOYERS OVER EMPLOYEES: In a survey recently
released by the AFL-CIO, 49% of surveyed U.S. employees said that they feel
that President Bush cares more about employers than workers. 35% said that
Bush cares equally about employers and workers, and only 4% said that Bush
cares more about workers. See " Workers Don't Trust Bush Administration
<http://www.aflcio.org/news/2001/0727_trustpoll.htm> ."
<mailto:andrew.b.cripe@bakernet.com> andrew.b.cripe@bakernet.com or
<mailto:laurence.e.stuart@bakernet.com> laurence.e.stuart@bakernet.com
Alert Date: 8/15/01

US - AFL-CIO IDENTIFIES KEY ISSUES FOR U.S. CONGRESS TO FOCUS ON IN
IMMIGRATION REFORM LEGISLATION: The AFL-CIO's Executive Council recently
committed itself to a list of principles that it urged the U.S. Congress to
include in immigration reform legislation. The list includes the following:
(1) a new legislation program should provide undocumented workers and
families with permanent legal status; (2) immigrant workers should be
afforded the right to organize and form unions; and (3) guestworker programs
should not be expanded. See " Immigration Reform
<http://www.aflcio.org/publ/estatements/jul2001/immigration.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: 8/15/01

US - LOUISIANA SHIPYARD ORDERED TO PAY US$10 MILLION AWARD AND REINSTATE
WORKERS FIRED DURING 6-YEAR ANTI-UNION CAMPAIGN: In one of the largest
awards ever obtained against an employer accused of wrongfully running an
anti-union campaign, Louisiana based shipyard Avondale Industries (owned by
Northrop Grumman) was recently ordered by an administrative law judge of the
National Labor Relations Board (NLRB) to pay US$10 million in legal fees,
back pay, and benefits, and to reinstate 22 workers who were fired during
the company's 6-year anti-union campaign. In addition, the employer was
ordered to publish the NLRB order in the primary New Orleans newspaper once
a week for a month. The case arose out of interrogations, warnings, layoffs
and firings conducted by the company after its 4,100 employees voted in 1993
to be unionized by the New Orleans Metal Trades Council. See " Fine For
Union Busting <http://www.aflcio.org/news/2001/0719_avondale.htm> ."
<mailto:brian.s.arbetter@bakernet.com> brian.s.arbetter@bakernet.com or
<mailto:howard.f.fine@bakernet.com> howard.f.fine@bakernet.com   Alert Date:
8/15/01

US - TEACHERS UNION EXPANDS FREE LIFE INSURANCE TO INCLUDE "UNLAWFUL
HOMICIDE" BENEFIT: In response to recent school shooting incidents, the
National Education Association (NEA), representing 2.6 million teachers
throughout the United States, recently announced the expansion of the free
life insurance that it provides to its members. The expanded coverage
includes a $150,000 "unlawful homicide" benefit. See " Unlawful
<http://www.insure.com/life/teachers701.html> Homicide Coverage."
<mailto:lisa.b.brogan@bakernet.com> lisa.s.brogan@bakernet.com or
<mailto:michael.pollard@bakernet.com> michael.a.pollard@bakernet.com  Alert
Date: 8/15/01

US - DISPARATE IMPACT AVAILABLE FOR AGE BIAS UNDER MICHIGAN LAW: Recently,
the Wayne County Circuit Court in Michigan ruled that the disparate impact
theory is available in age discrimination cases under the Michigan State
Civil Rights Law, which does not distinguish between age and other protected
categories such as race, sex, or religion. Thus, the court ruled, the
disparate impact theory is available to all protected groups. See "
Elliott-Larson Civil Rights Act
<http://michiganlegislature.org/law/GetObject.asp?objName=Act-453-of-1976>
."  <mailto:gerald.l.maatman@bakernet.com> gerald.l.maatman@bakernet.com or
<mailto:gina.l.knight@bakernet.com> gina.l.knight@bakernet.com   Alert Date:
8/15/01

US - COURT ALLOWS POSTAL EMPLOYEE TO SUE SUPERVISORS FOR VIOLATION OF FMLA
RIGHTS: On August 1, 2001, the U.S. District Court of the Western District
of Kentucky ruled that the Family and Medical Leave Act (FMLA) allows an
employee to bring a claim against a supervisor. The court noted that the
FMLA's definition of "employer" clearly includes individuals. See " Carter
v. USPS <http://www.kywd.uscourts.gov/html/Opinions/JODsearch.shtml> ."
<mailto:william.j.dorsey@bakernet.com> william.j.dorsey@bakernet.com or
<mailto:katerina.p.lewinbuk@bakernet.com> katerina.p.lewinbuk@bakernet.com
Alert Date: 8/15/01

US - CALIFORNIA JUDGE DISMISSES ATTEMPT TO REVEAL ANONYMOUS POSTERS OF
INTERNET MESSAGES: On August 10, 2001, a judge in California quashed a
subpeona that would have forced Yahoo to reveal the identities of several
anonymous posters. Pre-Paid Legal Services Inc. had sought to obtain the
identities of the posters pursuant to the subpoena. The company sought to
discover if the Internet postings were authored by four former sales agents
who are under an injunction issued by a Florida court not to disparage the
company. See " Internet  <http://www.newsbytes.com/news/01/168972.html>
Subpoena" and " Online Anonymity
<http://news.cnet.com/news/0-1005-200-6863061.html> ."
<mailto:renee.s.schor@bakernet.com> renee.s.schor@bakernet.com or
<mailto:michael.j.wagner@bakernet.com> michael.j.wagner@bakernet.com   Alert
Date: 8/15/01

US - settlementEEOC ANNOUNCES US$3.5 MILLION SETTLEMENT ON BEHALF OF FEMALE
HISPANIC WORKERS: On August 8, 2001, the U.S. Equal Employment Opportunity
Commission (EEOC) announced a US$3.5 million settlement of an employment
discrimination lawsuit against Quality Art LLC, a defunct picture frame
manufacturer based in Gilbert, Arizona. The suit alleged that 35 female and
Hispanic low-wage workers, mostly Mexican and Guatemalan, were subjected to
widespread sexual harassment, national origin discrimination, and
retaliation - including firing and forced resignations and reporting several
employees to the Immigration and Naturalization Service for arrest and
deportation after they complained about the discrimination. See " EEOC
<http://www.eeoc.gov/press/8-8-01html> Settles Suit Against Arizona
Company."  <mailto:richard.tuschman@bakernet.com>
richard.tuschman@bakernet.com or  <mailto:gerald.l.maatman@bakernet.com>
gerald.l.maatman@bakernet.com   Alert Date: 8/15/01

US - LABORS' ODD ALLIANCE WITH BUSH: Labor groups have recently supported
U.S. President Bush's proposal to allow oil drilling in a national wildlife
refuge in Alaska. The drilling will produce 700,000 jobs that would impact
the economy and make a difference for working men and women in Alaska. See "
Odd Alliance
<http://www.boston.com/dailyglobe2/219/business/Labor_s_odd_alliance_with_Bu
sh+.shtml> ."  <mailto:j.richard.hammett@bakernet.com>
j.richardhammett@bakernet.com or  <mailto:howard.f.fine@bakernet.com>
howard.f.fine@bakernet.com   Alert Date: 8/15/01

US - UTAH BUSINESS SUPPORTING AOL IN EMPLOYEE DISMISSAL CASE: An array of
Utah businesses are rallying behind America Online (AOL) in an employee
dismissal case. AOL fired two workers in its Utah office for carrying guns
in a parking lot outside an AOL call center. The workers are suing AOL,
claiming that the company's anti-weapons policy violates state gun laws.
Business groups have filed pleadings supporting AOL's attempts to dismiss
the lawsuit. " AOL Case
<http://www.siliconvalley.com/docs/news/tech/079965.htm> ."
<mailto:gerald.l.maatman@bakernet.com> gerald.l.maatman@bakernet.com or
<mailto:micheal.j.wagner@bakernet.com> micheal.j.wagner@bakernet.com   Alert
Date: 8/15/01

US - EEOC SUING WAL-MART AGAIN: On August 8, 2001, the U.S. Equal Employment
Opportunity Commission (EEOC) filed a lawsuit in federal court against
Wal-Mart Stores, Inc. for allegedly discriminating against a job applicant
who uses a wheelchair. The EEOC said the suit should remind corporate
America that it would hold employers accountable for disability
discrimination. It is another lawsuit in a series of claims brought against
the company by the EEOC. See " EEOC Sues Wal-Mart
<http://news.findlaw.com/ap_stories/f/1310/8-8-2001/20010808184726420.html>
."  <mailto:jill.walschlager@bakernet.com> jill.walschlager@bakernet.com or
<mailto:gerald.l.maatman@bakernet.com> gerald.l.maatman@bakernet.com   Alert
Date: 8/15/01


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