HR News and Information
 March 1, 2005

NEWS IN THE COURTS

NEWS FROM THE BUSINESS AND LEGAL REVIEW

HR IN THE NEWS

FROM IPMA-HR Bulletin

SITE OF INTEREST ON THE WEB

 

NEWS IN THE COURTS

FBI Accused of Retaliation
Plaintiff-Appellant, James Dixon, Jr. ("Plaintiff-Appellant" or "Dixon") was a ten-year employee of the Federal Bureau of Investigation ("FBI" or the "Agency") until he resigned in 1988 for personal reasons. Later, in 1991, he sought reinstatement but was denied. Believing the denial was the result of racial discrimination and in retaliation for complaints he had made against a former supervisor, Dixon filed an action with the Equal Employment Opportunity Commission ("EEOC"). A hearing was held and the Administrative Law Judge ("ALJ") determined that Dixon was discriminated against by the FBI. The FBI objected, and after review of the FBI's bases for objecting and Dixon's Memorandum in Support of the decision, the ALJ reversed her decision and found that the FBI did not engage in discriminatory conduct towards Dixon.

Subsequently, Dixon filed his complaint with the district court, alleging, inter alia, a claim for retaliation under Title VII. The FBI moved for dismissal on grounds that Dixon had failed to exhaust his administrative remedies. The district court agreed and dismissed for lack of subject matter jurisdiction.

Dixon now appeals from that order, arguing that the district court erred in finding that he did not exhaust his administrative remedies for his retaliation claim. The district court properly exercised jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331, and this Court's appellate jurisdiction is proper under 28 U.S.C. § 1291.

For the reasons discussed below, this Court finds that the district court erred in its determination that Plaintiff-Appellant had failed to exhaust the administrative remedies, and, therefore, REVERSES the judgment of the district court, and REMANDS the case for further proceedings. DIXON v. ASHCROFT (12/16/04 - No. 03-1542)

To read the full text of this opinion, go to: [PDF File] http://caselaw.findlaw.com/data2/circs/6th/031542p.pdf

School's Dress Code And Blue Jeans Ban Withstand Challenge
Middle school student and her father challenge school's dress code; but if a school district can ban nihilistic Marilyn Manson T-shirts (220 F3d 465), "it surely follows that a school district may enforce a dress code that regulates the types of pants and tops students may wear and may do so with respect to a student who does not wish to convey 'any particular message' through her clothing but simply wants to wear clothes that 'look nice' on her." In fact the First Amendment doesn't at all protect "self-expression through any and all clothing that a 12-year old may wish to wear on a given day." The district has legitimate interests in bridging socio-economic gaps between families within it, in focusing attention on learning, and the like. And the ban on blue jeans doesn't violate substantive due process. (2/8/05) http://pacer.ca6.uscourts.gov/index.php and look for 03-6337, Blau v. Fort Thomas Public School District (6th) KY 6 12 12fi D __ F3d __ 7 05

Title VII Standard For Inference Of Discrimination Is Explained
High school secretarial employee complains under Title VII that she was denied assistant athletic director post because of her gender and that, after she filed with the EEOC, she was denied a raise. However, in order to recover it isn't sufficient to show that the reason given by the employer for its actions was false. An inference of discrimination "is permissible only if the evidence also supports a finding that [school system] intentionally discriminated against [employee] on the basis of a prohibited criterion [.]" (2/10/05) http://pacer.ca6.uscourts.gov/index.php and look for 03-1486 Williams v. Eau Claire Public Schools (6th) MI 4 8 G __ F3d __ 7 05

 

NEWS FROM THE BUSINESS AND LEGAL REVIEW

OSHA: Post Your Injury/Illness Summaries
01/11/2005

OSHA is reminding employers that beginning February 1, employers must post a summary of the total number of job-related injuries and illnesses that occurred last year. Employers are only required to post the Summary (OSHA Form 300A) -- not the OSHA 300 Log -- from February 1 to April 30, 2005.

The summary must list the total numbers of job-related injuries and illnesses that occurred in 2004 and were logged on the OSHA 300 form. Employment information about annual average number of employees and total hours worked during the calendar year is also required to assists in calculating incidence rates. Companies with no recordable injuries or illnesses in 2004 must post the form with zeros on the total line. A company executive must certify all establishment summaries.

The form is to be displayed in a common area wherever notices to employees are usually posted. Employers must make a copy of the summary available to employees who move from worksite to worksite, such as construction workers, and employees who do not report to any fixed establishment on a regular basis.

Employers with ten or fewer employees and employers in certain industry groups are normally exempt from federal OSHA injury and illness recordkeeping and posting requirements. Exempted employers may still be selected by the Labor Department's Bureau of Labor Statistics to participate in an annual statistical survey.

Comp Benefits Denied for 9/11 Worker
01/12/2005

A New York appeals court has denied workers' compensation benefits to a Port Authority employee who reached out to others during and after the terror attacks on September 11, 2001.

The case involves Christopher Duff, a property manager who worked on the 86th floor of the World Trade Center. On that fateful day, Duff was at home with his bosses' permission. After hearing of the attack, Duff rushed to the site and was there when the second tower fell. Despite inhaling dust and feeling ill, he returned to the area for more than a week to help with rescue efforts, according to court records cited by the New York Law Journal.

But the appellate court upheld a decision by the state Workers' Compensation Board, which determined that Duff did not suffer a job-related injury and, thus, is not eligible for benefits.

 

HR IN THE NEWS

Public-Private Alliance Targets Health Costs
January 6, 2005

As the No. 1 employer in the Land of 10,000 Lakes, Minnesota Gov. Tim Pawlenty believes he has found an answer that may pave the way for other states to save billions of dollars: Band together with local large corporations, health plan distributors and labor groups to persuade health care providers to control costs and improve efficiency--and increase the quality of care.

On Nov. 29, Pawlenty announced the goals of the Smart Buy Alliance, a coalition of health care purchasers representing nearly 60 percent of the state's workforce. The group includes the Minnesota Chamber of Commerce, the Buyers Health Care Action Group, the Minnesota Association of Professional Employees and the Minnesota Business Partnership, an association representing Minnesota's largest employers.

The alliance seeks to:

  • Use certification programs to rank the health care providers by quality of care and reward top performers for improved results.
  • Encourage patients to use only best-in-class providers.
  • Require and standardize health care cost statements that are sent to consumers.
  • Require use of modern technology to handle medical records. This includes making insurance claims 100 percent electronic and tracking clinical results and even patient satisfaction on automated systems.

Pawlenty can't put a dollar figure on the savings, but he believes it will be "significant." "The U.S. Department of Health and Human Services estimates that adopting better information technology will save our health care system 10 percent a year," Pawlenty says. In 2003, "health care spending was $22 billion. So we're not talking about a million dollars here and a million dollars there. If this purchasing alliance accomplishes all that we envision, the savings will be in the billions."

Local physicians' groups, however, are concerned about aspects of the governor's plan.

"We agree with him on decreasing the administrative burden. If we can standardize forms to request this or that or remove third and fourth parties, the system will work better," says Dr. Michael Gonzalez-Campoy, president of the Minnesota Medical Association. "But we are concerned that (this plan) is cost-shifting. He will cut costs to the system now and in the next two years by preventing people from accessing health care."

Gonzalez-Campoy says the plan "will create a huge health care disparity because the government will close inner-city clinics because they are not performing as well as others in affluent suburban areas.

"And if you prevent people from seeing their doctor, they will start going to the emergency room," he says. "Instead of dealing with things at the office for low costs, it will cost us 20 or 30 times more to take care of them." Ultimately, Gonzalez-Campoy says, the alliance might "destroy some very good programs in the state. Sheree R. Curry, Workforce Management

Business-Minded Human Resources Departments More Inclined to Outsource
January 11, 2005

Companies that have lined up their people-related strategies with their business goals are more apt to use outside vendors, according to a study of nearly 100 high-ranking workforce management executives by Jac Fitz-enz.

Fitz-enz's study found that the companies that said their workforce management philosophies were well aligned with their business strategies generally used the following more than other companies:

  1. Analytics.
  2. Scientific assessments to measure the quality of a job candidate.
  3. E-learning, learning management systems and content management systems--though they didn't always integrate these systems well.
  4. Business process outsourcing.

Fitz-enz says that outsourcing, now often used for administration and record-keeping, will soon be used more for more complex tasks such as analytics and pre-employment assessment.

Thirty percent of respondents indicated a willingness to invest in technology for human resources; they see these investments as giving them a competitive advantage. Others aren't sure. Sixty-four percent, in fact, said that whether they make such investments will depend on whether they can prove what the cost savings or return on investment is.

Fitz-enz believes that the reluctance is due to the "caution, disappointment and failure to deliver as promised in the past." Melodye Serino, who designed and conducted the study with Fitz-enz, says that "this is a confirmation of what we suspected people were feeling about technology." The software and systems that people bought in the past, Serino says, sometimes "overpromised and underdelivered."

Unicru, BrassRing, SAS Institute and Workforce Management co-sponsored the survey.

Two Health Regulations to Watch For: Two federal agencies will wrap up health care regulations in 2005.
By Andrew Zebrak

Much has been made about the Republicans keeping control of the White House and widening their margin in Congress. What has received less attention is what this means to federal agencies.

For example, President Bush's re-election will enable two key agencies-the U.S. Department of Health and Human Services and the U.S. Equal Employment Opportunity Commission-to more easily wrap up some important health care regulations in 2005.

Medicare rules
Health and Human Services is in charge of filling in the blanks for the new Medicare prescription drug benefit enacted in December 2003. The drug coverage is set to begin January 1, 2006. Although the basic Medicare drug benefit was specified in the legislation, many details were left to be determined, as is often the case when Congress passes a new law.

A division of Health and Human Services called the Centers for Medicare and Medicaid Services is going to spell out the requirements that employers must fulfill to receive Medicare subsidies for providing prescription drug benefits to retirees. These requirements will also determine how employers can make their retiree health coverage secondary to (i.e., wrap-around) the Medicare drug benefit. These details will drive the cost and administrative burdens for the different options available to employers in choosing their retiree health care strategy.

Final regulations should be issued this month--January 2005.

Age discrimination
The other regulatory action will come out of the EEOC, which is trying to establish that employers can provide reduced health benefits to retirees who are eligible for Medicare--without violating age discrimination laws. This should be allowed, the EEOC has said, because Medicare benefits offset the lower employer coverage, retiree health coverage has historically worked this way, and it will enable more employers to provide retiree benefits.

The EEOC regulation basically reverses a court ruling, Erie County Retirees Association v. Erie County, which says providing health benefits to Medicare-eligible retirees that are inferior to the benefits provided to other retirees (those under 65) violates the age-discrimination laws.

Business groups and organized labor support the EEOC's position, while the AARP does not. The presidential election and vocal opposition from the AARP have delayed the final EEOC rule. The Bush administration is now in the late stages of reviewing the rule.

Illness & Injury Linked To Bankruptcy For Workers With Health Insurance
by David U. Himmelstein, Elizabeth Warren, Deborah Thorne, and Steffie Woolhandler

A report by Harvard University researchers, published in the academic journal Health Affairs - available online at their website - confirms that hundreds of thousands of Americans who have health insurance through their employer, nevertheless must file for bankruptcy after suffering medical events such as illness and injury.

Illness And Injury As Contributors To Bankruptcy Even universal coverage could leave many Americans vulnerable to bankruptcy unless such coverage was more comprehensive than many current policies.

ABSTRACT:
In 2001, 1.458 million American families filed for bankruptcy. To investigate medical contributors to bankruptcy, we surveyed 1,771 personal bankruptcy filers in five federal courts and subsequently completed in-depth interviews with 931 of them. About half cited medical causes, which indicates that 1.9-2.2 million Americans (filers plus dependents) experienced medical bankruptcy. Among those whose illnesses led to bankruptcy, out-of-pocket costs averaged $11,854 since the start of illness; 75.7 percent had insurance at the onset of illness. Medical debtors were 42 percent more likely than other debtors to experience lapses in coverage. Even middle-class insured families often fall prey to financial catastrophe when sick.

http://content.healthaffairs.org/cgi/content/abstract/hlthaff.w5.63

Planned Changes to the Current Employment Survey
[31 January 2005]

The Bureau of Labor Statistics (BLS) is planning several changes to the Current Employment Statistics (CES) or payroll survey to improve its relevance to the needs of data users and its usefulness as an input to the calculation of the national income and product accounts and nonfarm productivity statistics. To implement these changes while also trying to minimize reporting burden on survey respondents, BLS carefully reviewed the publics use of CES data to determine if reductions could be made in some series as a tradeoff for significant data improvements overall.

Planned Changes
The planned improvements to the CES are:

  • New data on the hours and regular earnings of all employees
  • New data on total earnings--both regular and irregular pay--for all employees.

The CES series that BLS proposes to discontinue to accommodate the above improvements are:

  • Women Workers Series
  • Production or nonsupervisory worker hours and earnings series.

A brief discussion of the benefits of the planned improvements and the reasons for discontinuing the CES women and production and nonsupervisory workers series follows.

Discontinuation of CES women workers series The CES plans to discontinue the collection and publication of data on women workers with the release of May 2005 data scheduled for publication in July 2005. The Bureau has three reasons for proposing to drop the CES women workers series.

http://www.bls.gov/ces/cesww.htm

EMPLOYMENT COST INDEX
DECEMBER 2004

Total compensation costs for civilian workers increased 0.7 percent from September to December 2004, seasonally adjusted, moderating from the 0.9 percent gain from June to September, the Bureau of Labor Statistics of the U.S. Department of Labor reported today. Benefit costs rose 1.4 percent, while wage and salary costs increased 0.4 percent, the smallest quarterly increase in wage and salaries in 2004. The Employment Cost Index (ECI), a component of the National Compensation Survey, measures quarterly changes in compensation costs, which include wages, salaries, and employer costs for employee benefits for nonfarm private and State and local government workers.

Rises in benefit costs accounted for more than 60 percent of the increase in compensation costs for civilian workers from September to December 2004. Among private industry workers, benefit costs contributed nearly two-thirds of compensation gains during the quarter, with defined benefit retirement costs accounting for nearly one-third of the gain in compensation costs. Among State and local government workers, benefit costs composed half of compensation gains during the September to December period, with health insurance costs accounting for one-fifth of the gain in compensation costs.

Quarterly Changes, Seasonally Adjusted
Compensation costs for the private sector rose 0.7 percent from September to December 2004, after advancing 0.9 percent in the prior quarter. December gains were led by goods-producing industries. For State and local government workers, compensation costs rose 1.0 percent in December, a gain from the 0.5 percent advance in September. (See tables A and 1.)

Benefit cost increases accelerated to 1.4 percent for civilian workers (nonfarm private industry and State and local government) in the December 2004 quarter, following a gain of 1.1 percent in the September quarter. Private sector benefit costs rose 1.5 percent for the December quarter, significantly higher than the 1.0 percent gain in the previous quarter. Benefit costs for State and local governments increased 1.5 percent in the December quarter, following an increase of 1.4 percent in September 2004.

Gains in wages and salaries for civilian workers increased 0.4 percent during the December quarter, moderating from a gain of 0.7 percent in September 2004. Wages and salaries for private industry workers rose 0.4 percent for the December quarter, slowing from the 0.9 percent gain during the prior period. Wage and salary gains slowed in goods-producing, transportation and public utilities, and wholesale trade industries. Wages and salaries in State and local government advanced 0.7 percent during the September-to-December period, after a 0.1 percent change in the previous quarter.

http://www.bls.gov/news.release/eci.nr0.htm

or

http://www.bls.gov/news.release/pdf/eci.pdf [full-text, 18 pages]

and Supplemental Files Table of Contents http://www.bls.gov/web/eci.supp.toc.htm

UNION MEMBERS IN 2004
In 2004, 12.5 percent of wage and salary workers were union members, down from 12.9 percent in 2003, the U.S. Department of Labor's Bureau of Labor Statistics reported today. The union membership rate has steadily declined from a high of 20.1 percent in 1983, the first year for which comparable union data are available. Some highlights from the 2004 data are:

  • About 36 percent of government workers were union members in 2004, compared with about 8 percent of workers in private-sector industries.
  • Two occupational groups--education, training, and library occupations and protective service occupations--had the highest unionization rates in 2004, at about 37 percent each. Protective service occupations include fire fighters and police officers.
  • Men were more likely to be union members than women.
  • Black workers were more likely to be union members than were white, Asian, or Hispanic or Latino workers.

Membership by Industry and Occupation
In 2004, workers in the public sector had a union membership rate more than four times that of private-sector employees. At 36.4 percent, the unionization rate for government workers was down slightly from 37.2 percent a year earlier. The rate for private industry workers, at 7.9 percent in 2004, was about half what it had been in 1983. Within the public sector, local government workers had the highest union membership rate, 41.3 percent. This group includes several heavily unionized occupations, such as teachers, police officers, and fire fighters. Among major private industries, transportation and utilities had the highest union membership rate, at 24.9 percent. Construction (14.7 percent), information industries (14.2 percent), and manufacturing (12.9 percent) also had higher-than-average rates. Within the information industry, telecommunications had a 22.4 percent union membership rate. Financial activities had the lowest unionization rate in 2004--2.0 percent. (See table 3.)

Among occupational groups, education, training, and library occupations (37.6 percent) and protective service workers (37.3 percent) had the highest unionization rates in 2004. Construction and extraction occupations (19.6 percent), installation, maintenance, and repair occupations (19.4 percent), transportation and material moving occupations (18.8 percent), community and social services occupations (17.4 percent), and production occupations (16.3 percent) also had higher-than-average rates. Farming, fishing, and forestry occupations (3.1 percent) and sales and related occupations (3.6 percent) had the lowest unionization rates. (See table 3.)

http://www.bls.gov/news.release/union2.nr0.htm or http://www.bls.gov/news.release/pdf/union2.pdf [full-text, 12 pages]

U.S. Labor Department Publishes Youth Employment Rules

WASHINGTON - The Labor Department published today [16 December] in the Federal Register final regulations implementing changes to employment rules for youth. The new rules expand protections for youth working in restaurant cooking, roofing, and driving, among other changes.

These rules are part of the department's ongoing effort to promote positive, safe work experiences for young workers, said U.S. Secretary of Labor Elaine L. Chao. This follows upon our very successful YouthRules! public awareness campaign launched in May 2002 to educate teens, parents, educators, employers, and the public about federal and state laws regarding young workers.

The rules incorporate into the regulations the provisions of two statutory amendments to the Fair Labor Standards Act that deal with driving and the operation of compactors and balers by teenage employees. The first statutory change established criteria permitting 16 and 17-year-olds to load, but not operate or unload, certain waste-material baling and compacting equipment. The second statutory change delineated what limited on-the-job driving may be performed by qualified 17-year-olds.

Provisions are also included to modernize the youth employment provisions regarding what types of cooking 14- and 15-year olds are permitted to perform. The new rules now permit those minors to clean and maintain cooking devices in some situations.

The rules published today also expand the current prohibition against youth under age 18 working in roofing occupations to encompass all work on or about a roof, including work performed upon or in close proximity to a roof. Under the new provisions, youth may only perform such work if in an apprenticeship or student-learner program.

The department published the rules following the review of comments received in response to a Notice of Proposed Rulemaking. The final rules address some of the recommendations made by NIOSH in a report to the department in May 2002. The complete text of the rule is now available in the Federal Register, online at http://www.gpoaccess.gov/fr/index.html, www.gpoaccess.gov/fr/index.html and the department's website at www.dol.gov.

The department has also revised existing compliance assistance materials to comport with these new rules. These materials may be found at http://www.youthrules.dol.gov/, www.youthrules.dol.gov and http://www.wagehour.dol.gov/, www.wagehour.dol.gov. Information may also be obtained by calling the department's toll-free help line at 1-866-4USWAGE (1-866-487-9243). http://www.dol.gov/opa/media/press/esa/ESA20042526.htm

See new rules at http://frwebgate2.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=291557138493+0+0+0&WAISaction=retrieve

or

http://frwebgate2.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=291557138493+0+1+0&WAISaction=retrieve [PDF}

or

Summary at- http://frwebgate2.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=291557138493+0+2+0&WAISaction=retrieve

TIME-USE SURVEY--FIRST RESULTS ANNOUNCED BY BLS
The Bureau of Labor Statistics of the U.S. Department of Labor reported today that in 2003:

  • On the days that they worked, employed men worked about an hour more than employed women--8.0 versus 7.1 hours.
  • Employed adult women (18 years and over) spent about an hour more per day than employed adult men doing household activities and caring for household members.
  • On days that they worked, about 1 in 5 employed persons did some or all of their work at home.
  • Adults in households without children spent about 1.4 hours more per day engaged in leisure and sports activities than those with children.

These are some examples of information derived from the new American Time Use Survey (ATUS). While BLS has long produced statistics about the labor market, such as employment, hours, and earnings, the ATUS marks the first time that a federal statistical agency has produced estimates on how Americans spend another critical resource--their time. The ATUS collects data on the activities people do during the day and how much time they spend doing them.

http://www.bls.gov/news.release/atus.nr0.htm or http://www.bls.gov/news.release/pdf/atus.pdf [full-text, 20 pages]

HHS Issues Final Regulation on Access to Group Health Coverage
The Department of Health and Human Services today announced a final regulation under the provisions of the 1996 law on health insurance portability that give workers greater access to group health plan coverage.

"In an era when American workers often change jobs, and even careers, several times in the course of their lives, it is important that they are able to respond to the modern workplace without having to fear for their health insurance," HHS Secretary Tommy G. Thompson said. "This regulation implements an important law that will help them do that."

"We have listened to public comment and worked to craft a rule that will provide maximum protection for consumers, while minimizing the burden on health plans," said Mark B. McClellan, M.D., Ph.D, administrator of the Centers for Medicare & Medicaid Services.

The final regulation, which went on display today at the Office of the Federal Register, implements provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) that provide greater portability and availability of group health coverage when workers and family members change or lose a job.

The provisions set limits on preexisting condition exclusions that could be imposed and require group health plans and group health insurance issuers to offer "special enrollment" upon certain life events.

The Departments of Labor and Treasury are issuing identical regulations simultaneously with a joint explanatory preamble. The regulation finalizes portions of an interim final regulation published on April 8, 1997, that limits the use and duration of preexisting condition exclusions imposed by group health plans and group health insurance issuers. It requires these entities to offer an immediate "special enrollment" opportunity to certain individuals who lose eligibility for other group health coverage or other health insurance, and to otherwise eligible new dependents.

The final regulation, which becomes effective for plan years starting on or after July 1, 2005, does not significantly modify the framework of the 1997 interim final regulation. However, in response to comments received during the public comment period, the final regulation contains features that are intended to bolster HIPAA's consumer protections while minimizing the burdens imposed on group health plans and group health insurance issuers. For example, the final regulation:

  • Requires group health plans and group health insurance issuers to include, concurrently with the certificate of creditable coverage provided to individuals when they lose coverage under the plan, an educational statement on their HIPAA rights.
  • Includes model language that group health plans and group health insurance issuers can use for the new educational statement.
  • Recognizes health plans maintained by foreign governments, and by the U.S. government (such as Veterans Administration coverage) as creditable coverage that can be used to reduce the length of or eliminate a preexisting condition exclusion.
  • Offers sample language that plans and issuers can use to satisfy their obligations to provide participants notices of preexisting condition exclusions.
  • Clarifies that certain plan benefit restrictions are in fact preexisting condition exclusions that must comply with HIPAA's limitations on such exclusions.

HHS, Labor and Treasury also are publishing a proposed regulation that solicits comments on some potential additional aspects of HIPAA group health plan requirements. For example, the proposed regulation:

  • Would provide an extension of time for individuals to exercise certain HIPAA portability rights, in situations where the individual must exercise those rights within a certain number of days after losing coverage, but the individual is not promptly notified through a certificate of creditable coverage that he or she has lost coverage.
  • Would specify that group health plans and group health insurance issuers must provide a certificate of creditable coverage when an individual leaves a group health plan while taking leave under the Family and Medical Leave Act, and that any period of time during which a person does not have coverage while under such leave does not count against him with regard to HIPAA's protections.
  • Would set forth a mathematical formula for counting the average number of employees employed by an employer during a year (various HIPAA health insurance reform provisions require the determination of such an average number).

Also today, the department is jointly publishing with Labor and Treasury a Request for Information about experiences with benefit-specific waiting periods imposed by group health plans and group health insurance issuers. It also seeks suggestions for devising an appropriate test for determining when a benefit-specific waiting period is a preexisting condition exclusion. Some group health plans and group health insurance issuers impose benefit-specific waiting periods on specific conditions or treatments, such as a two-year restriction on benefits for transplants. To the extent such a waiting period constitutes a preexisting condition exclusion, the waiting period is subject to HIPAA's limitations on preexisting condition exclusions.

The final regulation, the proposed regulation, and the Request for Information was published in the Dec. 30, 2004 Federal Register. http://www.hhs.gov/news/press/2004pres/20041229.html .

SEE REGULATION in FEDERAL REGISTER at-

RULES
Group health plans and insurance issuers; access, portability, and renewability requirements, 7871978799 [0428112]
http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-28112.htm or
http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-28112.pdf [full-text, 81 pages]

PROPOSED RULES
Health coverage portability; tolling certain time periods and interaction with Family and Medical Leave Act, 7879978825 [0428113]
http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-28113.htm or
http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-28113.pdf [full-text, 26 pages]

Health Insurance Portability and Accountability Act; benefit-specific waiting periods, 7882478827 [0428114] http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-28114.htm or http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-28114.pdf [full-text, 3 pages]

 

FROM IPMA-HR HR Bulletin

Employers Plan to Retain Retiree Drug Benefits
Ninety percent of employers offering their retirees prescription drug coverage intend to continue offering the benefit after the new Medicare Part D drug coverage becomes available in 2006, according to a survey conducted by the Human Capital practice of Deloitte Consulting, LLP.

"This is good news for retirees, but it is even better news for taxpayers because keeping employers in the retiree drug benefit game will save the Medicare program literally millions," said Martha Priddy Patterson, a director in Deloitte Consulting's Human Capital practice.

The survey was conducted at the end of 2004 and included both private and public sector employers. The survey revealed that 80 percent of respondents had already begun evaluating their options under the new law, which includes incentives for employers to continue offering drug coverage.

Employers may either receive a 28 percent subsidy - as long as their plan is equivalent to Medicare Part D, or employers may supplement the Medicare Part D benefits by covering deductibles and co-payments.

The Medicare Part D rules are still being finalized and many employers are waiting to see what those regulations say before deciding which option they will choose. One issue is the definition of "equivalent" for purposes of qualifying for the 28 percent subsidy.

OPM Seeks To Increase Human Capital Capacity on National Job Sites
U.S. Office of Personnel Management (OPM) Director Kay Coles James is bolstering OPM's human capital division by advertising senior human resources professional and human capital officer positions on the websites of national publications, including the Washington Post's website, and currently is the "Featured Job" on the homepage of OPM's USAJOBS website, www.usajobs.opm.gov.

"The strategic management of human capital is a major component of President George W. Bush's Management Agenda, so it's our responsibility to seek out, recruit, and hire the talent necessary to support the federal team government wide as they continue their push for results," stated James.

Human capital officers serve as liaisons to government agencies, facilitating the effective use of human resource flexibilities. By using effective client relationships and technical expertise, human capital officers assist federal agencies in achieving results for the strategic management of human capital, which support the President's Management Agenda.

"OPM seeks talent from the entire work force -- government, non-profit, corporate and private sectors," James said. "By advertising on national publications' websites, in addition to the USAJOBS website, we will ensure a greater variety of high-quality applicants."

Applications for the General Schedule 13/14 positions will be accepted until close of business January 31, 2005.

Service to America Medals
The Partnership for Public Service and the Atlantic Media Company are sponsoring the Service to America Medals, honoring federal employees. The "Sammies" are awarded in ten different categories including, Federal Employee of the Year, Career Achievement, and Social Sciences and include cash prizes ranging from $3,000 to $10,000.

The awards are designed to recognize federal employees for the work they do every day, but often goes unnoticed. Former chairman of the Federal Reserve Paul Volcker has said, "Somebody has to keep the air clean and the environment safe for the next generation. Somebody has to respond to the more mundane, but nonetheless sometimes challenging assignments of keeping government working effectively and efficiently if self-government is to work at all."

If you know of someone who is deserving of a Sammie, please visit the Service to America Web site: http://www2.govexec.com/SAM/ and nominate them by March 1, 2005. Information on the Partnership for Public Service is available on their Web site: http://www.ourpublicservice.org.

More Workers Say They Want Time Off In Lieu of Money
Given a choice, 39 percent of employees surveyed say they would forgo a $5,000 raise for more time off with their families, according to a national survey of 4,600-plus employees conducted by Salary.com. That number is nearly 20 percent higher from just three years ago.

"This new survey shows a continued growth of the trend among workers to change their priorities from work-first to more personal concerns," says Tim Driver, senior vice president, consumer products, at Salary.com. "Workers are saying they need a break from the stresses caused by increasing hours, reduced staff, and the push for more productivity. ... It's also possible that following several years of layoffs and cost-cutting, an increasing number of workers are less inclined to believe that placing work above personal concerns will pay off in career advancement and pay."

There are many possible explanations for the increase in desire for time-off and flexibility:

The average American is working 160 hours more each year than a generation ago, says Salary.com and new workers are working for meaning first and money second. September 11 and the end of roaring Nineties may have workers reassessing their values. Dual income families reduce financial concerns. Burnout - trying to get more out of workers due to lay-offs.

State and Local News

California- Governor Schwarzenegger proposes a switch from public pension plans to defined contribution plans (similar to 401(k) plans) for newly hired state employees, potentially ending California's public employee retirement system. The proposal first needs to be approved by the state legislature, and then voters. Schwarzenegger said he would bypass the legislature and go directly to voters though ballot initiatives, if necessary. Changing a public pension system as large as California's is likely to have a significant impact on the way other state and local governments provide retirement benefits. And, this is not the only significant change the governor is proposing that will impact public employees. The Governor is also proposing merit pay for teachers and asking public employee unions to give up two of their 14 holidays. He is also asking for the authority to temporarily furlough workers in the face of a budget crisis.

Indiana - Newly elected Governor Mitchell E. Daniels Jr. (R), took strong action against union representation on January 12 by rescinding executive orders that established collective bargaining and contract agreements for 25,000 state employees. Employees will still be able to contest disciplinary actions under a new executive order, and most will still be protected by the State Employee Appeals Commission. The Commission hears grievances on pay and job security issues. The Governor said that the state would now have the opportunity to look into pay for performance.

Health Care/Medicaid Costs Burden States
Rising health care costs and increases in Medicaid spending continue to strain state budgets reveals The Fiscal Survey of States, conducted by the National Governors' Association (NGA) and the National Association of State Budget Officers (NASBO).

Although nearly all states operated in the black in 2004, the significant costs associated with Medicaid, especially, worry states. During fiscal year 2005, Medicaid is estimated to grow as much as 12.1 percent, due in part to expiring federal assistance. Long term growth in Medicaid is expected to grow at the rate of 8 to 9 percent, well above expected revenue growth.

"While there is relative improvement from the fiscal malaise of the past few years, our findings show that states' fiscal situations will remain difficult for the foreseeable future," said Scott Pattison, NASBO's executive director.

According to a Kaiser Family Foundation study, all 50 states implement at least one new Medicaid cost containment strategy in fiscal 2004. Some states are proposing drastic changes to Medicaid, reports the Washington Post, in an article dated January 18.

For instance, Florida Governor Jeb Bush (R) is proposing a shift to private insurers, New York's Governor Pataki (R) is proposing benefit cuts and higher taxes, and in Tennessee, Governor Bredesen (D) cut 323,000 adults from its generous TennCare program, which is more generous than Medicaid. According to the Post article, a dozen governors are meeting this week to discuss health care reform and proposals to limit the impact of Medicaid on state budgets.

IRS Addresses Phased Retirement Programs
Organizations interested in establishing up a phased retirement program-- or in building on an informal program that they already have in place -- now have some long-awaited guidance from the Internal Revenue Service (IRS) in the form of a notice of proposed rulemaking that would allow certain in-service distributions from pension plans before normal retirement age. A phased retirement generally refers to a voluntary reduction of working hours by employees who are transitioning over a period of time from full-time employment to full-time retirement.

The IRS regulations which was issue in November, 2004, would permit an employee's accrued pension to be paid prior to normal retirement age, provided the amount paid is no more than the proportionate reduction in hours worked.

Organizations interested in setting up a phased retirement program may want to provide comments to IRS on ways to improve the rules and make them easier to implement before the public comment period ends on February 8, 2005. Employers should examine how the proposed rules address their needs and consider submitting their own recommendations to the IRS by February 8.

The proposed rules, if and when they are finalized, will not take effect before plan years beginning on or after January 1, 2006, at the earliest.

The growing potential for worker shortages in some key positions, changing skill sets, the need to preserve organizational knowledge and the ongoing financial management challenges associated with health care and defined benefit pension plans create a powerful set of catalysts for employers to come up with new workforce strategies. Increasingly, organizations recognize that they will need more flexible retirement arrangements to address these challenges and accommodate the aging baby boom generation of employees.

For more information on the IRS regulations and Phased Retirement programs, and to submit comments link to http://www.irs.gov/irb/2004-47_IRB/ar09.html#d0e566

Cost-of-Living Raise To Boost Veterans' Benefits
A recent law signed by President Bush provides a 2.7 percent increase in disability compensation and survivors' benefits, resulting in increased disability compensation, pension and survivors' benefits for millions of veterans and eligible family members.

"We want all veterans with disabilities related to the defense of our country to receive the benefits they have earned," said Secretary of Veterans Affairs Anthony Principi. "With this increase, we ensure their payments keep pace with the cost of living."

Eligible veterans and family members can expect to see this increase in their January checks. Under the veterans' disability compensation program, tax-free payments generally range from $108 to $2,299 per month depending on the degree of disability. Special payments up to $6,576 per month apply to the most severely injured veterans.

AARP Succeeds in Suit to Block Retiree Health Rule
AARP succeeded in blocking an EEOC regulation for at least 60 days. The regulation exempts employers from the age discrimination law if they stop a retiree's health coverage when he becomes eligible for Medicare at age 65.

"We took this action to protect our members and all retirees from losing their rights under the age discrimination laws," said David Certner, AARP's Director of Federal Affairs.

The EEOC approved the rule on April 22, 2004, but the final rule has not yet been published in the Federal Register. Providing health care coverage to retirees is expensive and employers are not required by law to provide any benefits at all to any employee, working or retired.

An employer who provides benefits to younger workers, but not older workers, runs the risk of being sued under the Age Discrimination in Employment Act (ADEA). The EEOC rule would allow employers to continue providing benefits to retirees under age 65, without fear of being sued.

The regulation makes sense because retirees over age 65 can receive medical benefits from Medicare. With the rising cost of health care coverage, employers may be put in the difficult position of dropping benefits for retirees' altogether.

The U.S. District Court for the Eastern District of Pennsylvania agreed to delay for 60 days the publication of the final rule. Judge Brody scheduled oral arguments in the case for March 31, 2005. The EEOC said it will defend its position and is confident it will prevail.

Legislative Update

Bush Administration Releases 2006 Budget
On Monday, February 7, President Bush revealed the details of his 2006 budget. It calls for $2.57 trillion in spending, with increases in military and international spending and cuts in several domestic programs. Overall discretionary spending would fall by one percent - excluding spending in the departments of defense and homeland security.

The budget for the Department of Labor would be $54.5 billion for fiscal year 2006 - up from $50.7 billion in 2005. "This budget strengthens our ability to protect workers and prepare them for good jobs in the 21st century economy," said Secretary Chao. "Additional resources will enable us to continue our record-breaking enforcement of worker protection laws, and innovative job training measures will put valuable training options directly in the hands of workers."

It includes an increase of $2.9 million for the Wage and Hour Division to focus on enforcing the new overtime regulations as well as an increase for the Office of Labor Management Standards, which oversees union accountability. The 17 percent increase in funding for that division would protect union members' dues and rights, according to Secretary Chao.

In addition, the Veterans' Employment and Training Service (VETS) is allocated $224.3 million in the FY 2006 budget to continue ensuring that veterans returning home are re-employed with the same seniority, status, pay and benefits they had when they were deployed. The Department recently initiated a rulemaking to strengthen and clarify veterans' rights and employers' responsibilities under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

The budget supports job training to help veterans qualify for good civilian jobs. The budget also calls for a $1.5 million increase to help homeless veterans find work and integrate into society, and other purposes.

Finally, the budget calls for streamlining the nations' job training initiatives by consolidating into a single block grant separate Workforce Investment Act grants. The four training grants to be consolidated are: adult training, dislocated worker training, youth training, and employment services. Other grants could be included - such as those for veterans' training and training for workers with disabilities.

The President's budget must be approved by Congress and often there are significant changes from the February proposal and what is finally passed in late fall. For instance, the Workforce Investment Act reauthorization, streamlining job-training programs, has been stalled in Congress for many years.

Mandatory Social Security
IPMA-HR joined other members of the Public Pension Network at a meeting with Senator George Voinovich (R-OH). Senator Voinovich is a champion for state and local government issues, having served as mayor of Cleveland and later as governor of Ohio before becoming a senator.

Because he is well aware of state and local government issues, he understands the negative impact mandatory Social Security will have on state and local government retirees. Voinovich discussed the likelihood of mandatory Social Security as part of the solvency debate and urged state and local government employees (and their national associations) to call their senators and representatives and educate them about this important issue.

IPMA-HR will be working with the Public Pension Network, and the Coalition to Preserve Retirement Security (CPRS) to oppose mandatory Social Security. When state and local governments were excluded for Social Security, they adopted their own retirement plans.

Later, when state and local governments were offered the option to cover their employees under Social Security, many decided not to - opting instead to continue their own successful systems.

According to the CPRS Fact Sheet, 14 states cover substantial numbers of their public employees under independent plans that would be jeopardized by mandatory Social Security: Texas, Louisiana, Missouri, California, Ohio, Colorado, Illinois, Massachusetts, Kentucky, Minnesota, Nevada, Connecticut, Maine and Alaska.

Twenty to 100 percent of the public employees in each of those states are not covered by Social Security. Additionally, firefighters and police officers in nearly every state are covered by independent plans. Nationally, about five million public employees are covered by state or local plans in lieu of Social Security. Questions: Contact the IPMA-HR government affairs department at: cchiapp@ipma-hr.org

Problems with Medicare Exceed those of Social Security, Says Comptroller General
Social Security is not in crisis, but the federal government does face large, unfunded commitments in the coming years, Comptroller General David M. Walker stated on Wednesday, February 9. Government Executive reports that Walker, who heads the Government Accountability Office, said the real crisis facing America now is rising health care costs, which are expected to balloon in coming years as the baby boom generation retires. The deficit expected for Medicare, the government health care program for the elderly, is eight times that for Social Security, Walker said, and "a lot more difficult to solve." As a result, he urged policymakers to reform both programs, rein in discretionary spending and consider raising taxes.

The government should begin to tackle the health care situation by reducing fraud and abuse in the Medicare and Medicaid programs, which by some estimates amount to 15 percent of their total annual cost, Walker said. Other potential solutions, he added, could involve requiring doctors to follow best practices in providing care, better managing the health care needs of individuals who have serious medical conditions and taxing the value of health care benefits provided by employers to individuals.

For the full story, link to: http://www.govexec.com/dailyfed/0205/020905sz1.htm

Leading Practices in Diversity Management
The latest Government Accountability Office (GAO) report uncovers nine leading practices used among the federal government's diversity management experts. Diversity management is a process intended to create and maintain a positive work environment where the similarities and differences of individuals are valued, so that all can reach their potential and maximize their contributions to an organization's strategic goals and objectives.

For the study, GAO interviewed experts in the field of diversity management and reviewed diversity management publications. From this research, GAO discovered nine leading diversity management practices:

  • Top leadership commitment - a vision of diversity demonstrated and communicated throughout an organization by top-level management
  • Diversity as part of an organization's strategic plan - a diversity strategy and plan that are developed and aligned with the organization's strategic plan
  • Diversity linked to performance - the understanding that a more diverse and inclusive work environment can yield greater productivity and help improve individual and organizational performance
  • Measurement - a set of quantitative and qualitative measures of the impact of various aspects of an overall diversity program
  • Accountability - the means to ensure that leaders are responsible for diversity by linking their performance assessment and compensation to the progress of diversity initiatives
  • Succession planning - an ongoing, strategic process for identifying and developing a diverse pool of talent for an organization's potential future leaders
  • Recruitment - the process of attracting a supply of qualified, diverse applicants for employment
  • Employee involvement - the contribution of employees in driving diversity throughout an organization
  • Diversity training - organizational efforts to inform and educate management and staff about diversity

GAO then selected 10 agencies with the highest summary rankings from a 1999 government-wide survey of federal agencies' diversity management programs to review for examples of the implementation of the identified practices. The execution of the leading practices by these agencies may provide insights to other agencies as they work toward improving their own diversity management initiatives.

To read the full report, "Diversity Management: Expert-Identified Leading Practices and Agency Examples," link to: http://www.gao.gov/new.items/d0590.pdf

New Freedom Initiative Awards
Labor Secretary Elaine L. Chao has called upon non-profits, small businesses, corporations and individuals that have demonstrated exemplary and innovative efforts in advancing the employment and workplace environment of people with disabilities to submit their entries for the 2005 "Secretary of Labor's New Freedom Initiative Award."

The award recognizes public-private partnerships and programs that have had a positive impact on the employment of people with disabilities through access to assistive technologies, the use of innovative training, and hiring and retention techniques. It also recognizes organizations, businesses or individuals who develop comprehensive strategies to enhance the ability of Americans with disabilities to enter and advance within the workforce of the 21st Century.

Additional information on the award and specific nomination criteria are available in the February 10, 2005 Federal Register or at www.dol.gov/odep under the New Freedom Initiative tab. The information is also available by calling the Office of Disability Employment Policy (ODEP), Education and Outreach Section, at (202) 693-7880. The deadline for receipt of nominations is May 27, 2005 (mailing deadline is May 22, 2005).

HIPAA Compliance for Municipalities and Counties: Practical Guidance on Common Challenges

Listen and participate without leaving your office… Including an opportunity to get answers to your specific questions!

Live 90-Minute Telephone Conference with Interactive Q&À Session Thursday, March 3, 2005 at 1:00 p.m.-2:30 p.m.

Eastern Early registration discount deadline - Feb. 18 CLE credit available for an additional fee*

Presented by: International Municipal Lawyers Association (IMLA) and Municipal Litigation Reporter

The Health Insurance Portability and Accountability Act (HIPAA) has broad implications for handling private health information, reaching beyond just health care facilities to impact insurance and other benefits offered by public agencies.

Although most of the major HIPAA deadlines have now passed, many local government attorneys and their clients are still wrestling with the complex and sometimes confusing array of compliance issues.

Join IMLA and your colleagues across the country for a 90-minute telephone conference designed to address the most common uncertainties related to HIPAA compliance -- and to provide answers to your own questions.

The featured speaker will be:

Michael Blacher, Liebert Cassidy Whitmore, Los Angeles, California. Mr. Blacher represents cities, counties, school districts, and other public sector employers in a variety of employment, labor, and school law issues.

You will have two opportunities to obtain the specific guidance you need. You can pose your questions "live" during the QÀportion of the teleconference program. Or you can email your questions in advance so that the speaker can address them during his presentation.

IPMA-HR has arranged for members to receive the IMLA discount, so take advantage of the reduced pricing: Register by February 18 at the special early discount rate of only $197 ($50 off the regular IMLA price of $247). Fee covers an unlimited number of professionals at your location. Mention Program Code IMLA-1 to get the special rate.

Three ways to register or for more information,

  • mailto:imlatc-1@straffordpub.com
  • call toll-free 1-800-926-7926, ext. 10
  • visit http://www.straffordpub.com/products/imlahp

*CLE CREDIT AVAILABLE for an additional $65 per person in states where teleconferences are accredited. States currently NOT included: DE, KS, IN, OH, PA NY registrants will receive assistance in filing directly

Can't participate on March 3? A CD-ROM of the full conference proceedings will be available three weeks after the program.

EEO Reporting Categories
Q. When are the new categories for EEO-4 reporting scheduled to go into effect?

A. EEO-4 reporting is the equivalent of EEO-1 reporting in the private sector. The Equal Employment Opportunity Commission (EEOC) uses the data on race, ethnicity and gender to determine compliance with discrimination laws. The EEOC recently expanded the number of categories, but these categories will not be used during the current reporting cycle and according to the EEOC official responsible for handling the EEO-4 reports, the new categories are not expected to be required until the 2007 reporting cycle. Questions: Contact the IPMA-HR government affairs department at: cchiapp@ipma-hr.org.

Department of Education Unveils New Tool to Combat Diploma Mills
The Department of Education has unveiled a Web site - http://www.ope.ed.gov/accreditation/ that provides students and employers access to a master list of accredited colleges, universities and career and trade schools. The Web site was made possible through support from the Federal Trade Commission, the Office of Personnel Management and members of Congress.

Additionally, the Federal Trade Commission has announced a new publication for hiring managers and human resources professionals, Avoid Fake-Degree Burns by Researching Academic Credentials, with information on the ED database and other tools to help assess academic credentials. The guide, available at http://www.ftc.gov/bcp/conline/pubs/buspubs/diplomamills.htm, also identifies red flags that indicate a job applicant's claimed academic credentials could be false.

New Study Reveals the Demand for Security, Law Enforcement to Increase
The findings of a new study released by the Partnership for Public Service, the National Academy of Public Administration, and The New York Times Job Market, reveals that hiring in the areas of security or law enforcement, tops the list of occupations being sought by the Federal Government.

Security is the field in which the federal government will be making the biggest hiring push in the next two years, according to the study. In that time frame, the government expects to fill 37,515 security and enforcement-related positions, from criminal investigators to police officers to airport screeners.

Next on the government's "most wanted" list are jobs in:

  • Public Health (physicians, nurses, pharmacists, medical technicians) - 25,756 new hires expected in the next two years
  • Engineering/Sciences (physicists, chemists, biologists, botanists, veterinarians) - 23,806 new hires expected
  • Program Management/Administrative Jobs (public affairs specialists, human resources specialists, Congressional affairs officers) - 17,353 new hires expected
  • Accounting/Budget/Business (IRS revenue agents and tax examiners, contract managers) - 12,985 new hires expected

The new report, Where the Jobs Are: The Continuing Growth of Federal Job Opportunities, is a comprehensive guide for job seekers interested in federal service, listing the professional fields and the number of positions likely to be filled at 24 major agencies representing 95 percent of the federal government. To download a copy of the new study, link to: http://www.ourpublicservice.org/usr_doc/WHERE_THE_JOBS_ARE.pdf

EEOC to Recognize Best Practices in the Workplace
The U.S. Equal Employment Opportunity Commission (EEOC) is accepting nominations for the first-ever "Freedom to Compete Award," which will be presented to employers that have demonstrated results through best practices in promoting fair and open competition in the workplace.

"We want to showcase, recognize, and reward specific practices and concrete measures that produce results and reflect abiding commitment to access and inclusion in the workplace," says Chair Dominguez, who will present the award on June 14, 2005, to several recipients at a ceremony in Washington, D.C. "This distinguished award will honor practitioners whose extraordinary efforts embody a key tenet of the commission's goals: to ensure that all individuals have the freedom to compete and advance in the workplace on a level playing field."

The award includes the following eligibility criteria for nominees:

  • The nominee must be a public or private employer, corporation, association, organization or other entity whose activities exemplify Freedom to Compete goals.
  • Nominees must have implemented a specific practice that has removed barriers that hinder free and fair workplace competition and has increased access, inclusion, and/or promotional opportunities for qualified workers.
  • Recipients of the Freedom to Compete Award will agree to participate in programs, meetings, or other collaborative efforts with the commission to publicize the award-winning practice and share information to assist other entities seeking to replicate the practice.

All nominations must be received by the EEOC no later than March 18, 2005. Nominations may be made by the public or an organization may nominate itself. More information is available on the EEOC's Web site at http://www.eeoc.gov/initiatives/compete/award/qanda.html

SITE OF INTEREST ON THE WEB

BLS Data on Women Workers
The Bureau of Labor Statistics (BLS) provides extensive labor market data on women (and other worker groups) through its news releases, publications, and website. Users have access to data on womens employment, unemployment, and earnings by industry, occupation, education, age, marital status, and other characteristics. Such data are collected through the Current Population Survey (CPS), a monthly survey of about 60,000 households. http://www.bls.gov/cps/home.htm

Beginning in February 2005, CPS data on employed women by industry will be published monthly in Table A-23 of the BLS periodical Employment and Earnings. Employment and Earnings contains a wide array of data on women in the labor force. The new table is a slightly modified version of an annual table currently on the BLS website at http://www.bls.gov/cps/cpsaat16.pdf. Table A-23 will be made available on the BLS website each month coincident with publication of the Employment Situation news release.

http://www.bls.gov/bls/cpswomendata.htm

CPS data on women are summarized in two publications:

Women in the Labor Force: A Databook
http://www.bls.gov/cps/wlf-databook.pdf

Highlights of Women's Earnings
http://www.bls.gov/cps/cpswom2003.pdf

Other examples of CPS-based news releases issued routinely that include data on women are:

Usual Weekly Earnings of Wage and Salary Workers http://www.bls.gov/news.release/pdf/wkyeng.pdf

Employment Characteristics of Families
http://www.bls.gov/news.release/pdf/famee.pdf

College Enrollment and Work Activities of High School Graduates http://www.bls.gov/news.release/pdf/hsgec.pdf

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