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 Decade: 2000-2009
 Year: 2005
 Collection: Congressional Research Service Reports
Affirmative Action: Justice O'Connor's Opinions

Affirmative Action: Justice O'Connor's Opinions

Date: July 19, 2005
Creator: Dale, Charles V.
Description: An examination of Justice O’Connor’s opinions reveals a gradual shift in perspective regarding the legal and constitutional standards to be applied in evaluating governmental affirmative action efforts, and the manner of their application in various legal and factual settings. This report briefly surveys decisions of retiring Justice Sandra Day O’Connor in affirmative action cases, an area where her opinions have frequently determined the outcome.
Contributing Partner: UNT Libraries Government Documents Department
Association Health Plans: Legislation in the 109th Congress

Association Health Plans: Legislation in the 109th Congress

Date: May 26, 2005
Creator: Hearne, Jean P
Description: An estimated 41.2 million people were without health insurance in 2001. Legislation under consideration by the 108th and earlier Congresses is intended to assist small employers in offering health insurance as a benefit to their workers. A new bill, H.R. 4281, introduced on May 5, 2004, The Small Business Health Fairness Act of 2003 (H.R. 6601s. 545), and a number of bills from the earlier Congresses include provisions creating new groups for small firms to join or encouraging the growth of existing groups so that small employers can band together to offer coverage to their employees. Opponents of the AHP approach raise concerns that unintended negative consequences would arise, negating the benefits that the new groups would create. While the proposed AHPs are not likely to immediately undermine the small group market, they are likely to require additional features to significantly expand insurance coverage among the uninsured.
Contributing Partner: UNT Libraries Government Documents Department
Child Labor in West African Cocoa Production: Issues and U.S. Policy

Child Labor in West African Cocoa Production: Issues and U.S. Policy

Date: July 13, 2005
Creator: Salaam-Blyther, Tiaji; Hanrahan, Charles E & Cook, Nicolas
Description: This report outlines how and where cocoa is produced, discusses the use of abusive child labor in the industry, efforts by Congress to counter abusive child labor — including the Harkin-Engel Protocol, and initiatives by affected governments and international organizations to address the problem. This report also provides possible policy options that might undertaken to stop the use of child labor in cocoa production.
Contributing Partner: UNT Libraries Government Documents Department
Computer Services Personnel: Overtime Pay Under the Fair Labor Standards Act

Computer Services Personnel: Overtime Pay Under the Fair Labor Standards Act

Date: February 7, 2005
Creator: Whittaker, William G
Description: The Fair Labor Standards Act of 1938 (FLSA), as amended, is the primary federal statute in the area of minimum wages and overtime pay. Through administrative rulemaking, the Secretary of Labor has established two tests through which to define eligibility under the Section 13(a)(1) exemption: a duties test and an earnings test. In the 106th Congress, legislation was introduced by Representatives Andrews and Lazio that would have increased the scope of the exemption: first, by expanding the range of exempt job titles, and then, through a relative reduction in the value of the earnings threshold or test. For example, were the minimum wage increased to $6.15 per hour, as pending proposals would do, the value of the computer services exemption threshold would be 4.5 times the federal minimum wage. Ultimately, neither bill was enacted, but the issue has re-emerged as H.R. 1545 (Andrews) and H.R. 546 (Quinn).
Contributing Partner: UNT Libraries Government Documents Department
Cost-of-Living Adjustments for Federal Civil Service Annuities

Cost-of-Living Adjustments for Federal Civil Service Annuities

Date: October 18, 2005
Creator: Purcell, Patrick J
Description: Cost-of-living adjustments (COLAs) for the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) are based on the rate of inflation as measured by the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). COLAs for both CSRS and FERS are determined by the average monthly CPI-W during the third quarter (July to September) of the current calendar year and the third quarter of the previous year.
Contributing Partner: UNT Libraries Government Documents Department
The Davis-Bacon Act: Suspension

The Davis-Bacon Act: Suspension

Date: September 26, 2005
Creator: Whittaker, William G
Description: The Davis-Bacon Act is one of several statutes that deals with federal government procurement. Enacted in 1931, Davis-Bacon requires, inter alia, that not less than the locally prevailing wage be paid to workers engaged in federal contract construction. This report reviews the several cases during which the Davis-Bacon Act was suspended and will likely be updated as developments make necessary.
Contributing Partner: UNT Libraries Government Documents Department
Davis-Bacon Suspension and Its Legislative Aftermath

Davis-Bacon Suspension and Its Legislative Aftermath

Date: October 3, 2005
Creator: Whittaker, William G
Description: During the last week of August 2005, Hurricane Katrina gathered strength in the Atlantic and moved against the gulf states. On September 8, 2005, amid the devastation left in Katrina’s wake, President George W. Bush suspended the Davis-Bacon Act as it applies to certain jurisdictions in Florida, Alabama, Mississippi, and Louisiana. Although the President has the authority, under Section 6 of the Act, to render such suspensions during a national emergency, that authority has rarely been utilized.1 This report analyzes the legislative aftermath of the suspension.
Contributing Partner: UNT Libraries Government Documents Department
Disaster Unemployment Assistance (DUA)

Disaster Unemployment Assistance (DUA)

Date: January 10, 2005
Creator: Whittaker, Julie M
Description: The Disaster Unemployment Assistance (DUA) program provides monetary assistance to individuals unemployed as a direct result of a major disaster and who are not eligible for regular Unemployment Compensation (UC) benefits. DUA is funded through the Federal Emergency Management Agency (FEMA). DUA is administered by the Department of Labor (DOL) through each state’s UC agency. In the 109th Congress, P.L. 109-176 was signed into law on March 6, 2006, extending the duration of DUA benefits from 26 to 39 weeks for victims of the Hurricane Katrina and Rita disasters.
Contributing Partner: UNT Libraries Government Documents Department
Disaster Unemployment Assistance (DUA)

Disaster Unemployment Assistance (DUA)

Date: September 14, 2005
Creator: Whittaker, Julie M
Description: The Disaster Unemployment Assistance (DUA) program provides monetary assistance to individuals unemployed as a direct result of a major disaster and who are not eligible for regular Unemployment Compensation (UC) benefits. DUA is funded through the Federal Emergency Management Agency (FEMA). DUA is administered by the Department of Labor (DOL) through each state’s UC agency. In the 109th Congress, P.L. 109-176 was signed into law on March 6, 2006, extending the duration of DUA benefits from 26 to 39 weeks for victims of the Hurricane Katrina and Rita disasters.
Contributing Partner: UNT Libraries Government Documents Department
DOD's National Security Personnel System: Provisions of Law and Implementation Plans

DOD's National Security Personnel System: Provisions of Law and Implementation Plans

Date: March 11, 2005
Creator: Schwemle, Barbara L
Description: This report discusses each of the provisions in Title XI of P.L. 108-136 and plans to implement the law. Title XI of the National Defense Authorization Act for FY2004, P.L. 108-136, includes provisions on a National Security Personnel System (NSPS) for the Department of Defense (DOD) and provisions on personnel management that are applicable government-wide. The law was enacted on November 24, 2003.
Contributing Partner: UNT Libraries Government Documents Department
DR-CAFTA Labor Rights Issues

DR-CAFTA Labor Rights Issues

Date: June 2, 2005
Creator: Bolle, Mary Jane
Description: The U.S.-Dominican Republic-Central America Free Trade Agreement (DRCAFTA) is the eighth free trade agreement to include labor protections.1 Labor concerns tend to focus on three main questions: (1) How strong are labor laws in DRCAFTA countries?2 (2) Are those labor laws being adequately enforced? and (3) Does DR- CAFTA comply with the principal negotiating objectives for trade agreements outlined in the Trade Act of 2002?
Contributing Partner: UNT Libraries Government Documents Department
Employment-Related Issues in Bankruptcy

Employment-Related Issues in Bankruptcy

Date: November 1, 2005
Creator: Jeweler, Robin
Description: This report provides an overview of the status of employee wages and benefits, including retiree benefits, when an employer files in bankruptcy, and the amendments made to the U.S. Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act. This report examines those provisions in the U.S. Bankruptcy Code which govern the priority of employee wage and benefit claims, including severance payments; procedures for a chapter 1 1 debtor to modify benefits under a collective bargaining agreement; and procedures for a chapter 11 debtor to modify retiree life and health insurance benefits. It examines the role of employees on creditor committees and procedures in bankruptcy that facilitate lawsuits that may be directed at an employer/debtor. Finally, it considers the treatment accorded some aspects of managerial compensation, such as retention bonuses.
Contributing Partner: UNT Libraries Government Documents Department
Farm Labor: The Adverse Effect Wage Rate (AEWR)

Farm Labor: The Adverse Effect Wage Rate (AEWR)

Date: April 14, 2005
Creator: Whittaker, William G
Description: American agricultural employers have long utilized foreign workers on a temporary basis, regarding them as an important labor resource. At the same time, the relatively low wages and adverse working conditions of such workers have caused them to be viewed as a threat to domestic American workers. Some have argued that foreign guest workers compete unfairly with U.S. workers — both in terms of compensation that they are willing to accept and by making it somewhat more difficult for domestic workers to organize and to bargain with management. To mitigate any “adverse effect”for the domestic workforce, a system of wage floors was developed that applies, variously, both to alien and citizen workers: i.e., the adverse effect wage rate (AEWR). This report deals with one element of immigration (i.e., namely the H-2A workers). It introduces the adverse effect wage rate, it examines the concerns out of which it grew, and it explains at least some of the problems that have been encountered in giving it effect.
Contributing Partner: UNT Libraries Government Documents Department
Federal Affirmative Action Law: A Brief History

Federal Affirmative Action Law: A Brief History

Date: September 13, 2005
Creator: Dale, Charles V
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Federal Employees: Pay and Pension Increases Since 1969

Federal Employees: Pay and Pension Increases Since 1969

Date: January 21, 2005
Creator: Purcell, Patrick J
Description: Pay increases for current federal employees and cost-of-living adjustments (COLAs) for retired federal employees often differ because they are based on changes in different economic variables. Increases in pay for civilian federal workers are indexed to wage and salary increases in the private-sector, as measured by the Employment Cost Index (ECI), while federal retirement and disability benefits are indexed to price increases as measured by the Consumer Price Index (CPI). This report discusses the procedures for determining such increases.
Contributing Partner: UNT Libraries Government Documents Department
Fruits, Vegetables, and Other Specialty Crops: A Primer on Government Programs

Fruits, Vegetables, and Other Specialty Crops: A Primer on Government Programs

Date: January 26, 2005
Creator: Rawson, Jean M.
Description: U.S. farmers grow more than 250 types of fruit, vegetable, tree nut, flower, ornamental nursery, and turfgrass crops in addition to the major bulk commodity crops. Although specialty crops are ineligible for the federal commodity price and income support programs, they are eligible for other types of U.S. Department of Agriculture (USDA) support, such as crop insurance, disaster assistance, and, under certain conditions, ad hoc market loss assistance payments. This report describes the federal programs of importance to the specialty crop sector, and provides the most recent funding information available for them.
Contributing Partner: UNT Libraries Government Documents Department
Immigration: Policy Considerations Related to Guest Worker Programs

Immigration: Policy Considerations Related to Guest Worker Programs

Date: April 21, 2005
Creator: Bruno, Andorra
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Individuals with Disabilities Education Act (IDEA): Services in Private Schools under P.L. 108-446

Individuals with Disabilities Education Act (IDEA): Services in Private Schools under P.L. 108-446

Date: February 7, 2005
Creator: Jones, Nancy Lee
Description: This report examines the Individuals with Disabilities Education Improvement Act of 2004, P.L. 108-446, which makes several changes to the previous law regarding children with disabilities in private schools. Generally, children with disabilities enrolled by their parents in private schools are to be provided special education and related services to the extent consistent with the number and location of such children in the school district served by a LEA pursuant to several requirements. These requirements include new provisions relating to direct services to parentally placed private school children with disabilities, the calculation of the proportionate amount of funds, and a requirement for record keeping.
Contributing Partner: UNT Libraries Government Documents Department
Katrina Relief: U.S. Labor Department Exemption of Contractors from Written Affirmative Action Requirements

Katrina Relief: U.S. Labor Department Exemption of Contractors from Written Affirmative Action Requirements

Date: September 27, 2005
Creator: Doyle, Charles
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Labor, Health and Human Services, and Education: FY2006 Appropriations

Labor, Health and Human Services, and Education: FY2006 Appropriations

Date: August 8, 2005
Creator: Irwin, Paul M
Description: This report is a guide to one of the regular appropriations bills that Congress considers each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Labor, Health and Human Services, and Education, and Related Agencies. It summarizes the status of the bill, its scope, major issues, funding levels, and related congressional activity, and is updated as events warrant.
Contributing Partner: UNT Libraries Government Documents Department
Labor, Health and Human Services, and Education: FY2006 Appropriations

Labor, Health and Human Services, and Education: FY2006 Appropriations

Date: December 1, 2005
Creator: Irwin, Paul M
Description: This report is a guide to one of the regular appropriations bills that Congress considers each year. It is designed to supplement the information provided by the House and Senate Appropriations Subcommittees on Labor, Health and Human Services, and Education, and Related Agencies. It summarizes the status of the bill, its scope, major issues, funding levels, and related congressional activity, and is updated as events warrant.
Contributing Partner: UNT Libraries Government Documents Department
Mexican Workers in the United States: A Comparison with Workers from Social Security Totalization Countries

Mexican Workers in the United States: A Comparison with Workers from Social Security Totalization Countries

Date: July 29, 2005
Creator: Siskin, Alison & Mayer, Gerald
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Minimum Wage, Overtime Pay, and Child Labor: Inventory of Proposals in the 109th Congress to Amend the Fair Labor Standards Act

Minimum Wage, Overtime Pay, and Child Labor: Inventory of Proposals in the 109th Congress to Amend the Fair Labor Standards Act

Date: May 4, 2005
Creator: Whittaker, William G.
Description: This report discusses potential changes to the Fair Labor Standards Act that may occur during the 109th Congress.
Contributing Partner: UNT Libraries Government Documents Department
Minimum Wage, Overtime Pay, and Child Labor: Inventory of Proposals in the 109th Congress to Amend the Fair Labor Standards Act

Minimum Wage, Overtime Pay, and Child Labor: Inventory of Proposals in the 109th Congress to Amend the Fair Labor Standards Act

Date: September 2, 2005
Creator: Whittaker, William G.
Description: This report discusses potential changes to the Fair Labor Standards Act that may occur during the 109th Congress.
Contributing Partner: UNT Libraries Government Documents Department
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