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Employee Privacy: Workers’ Compensation Won’t Shield You from Privacy Claim; Don’t Put Your Organization at Risk

A workers’ compensation claim is typically the only remedy for an employee who gets injured on the job. But a California Court of Appeal recently ruled that an employee injured because a supervisor didn’t keep the person’s disciplinary matters private may bypass the workers’ comp system and sue you for damages.

Health Insurance: New Law Extends COBRA and Cal-COBRA Coverage; 3 Practical Compliance Steps

Under the federal COBRA law, employees and their dependents who lose health insurance coverage because they’re terminated or for other reasons and who work for employers with 20 or more employees are generally entitled to a temporary extension of healthcare benefits. This typically runs up to 18 months but can be 29 months for certain […]

Pension Plans: County Pension Calculation Ruling Is Retroactive; Huge Costs for Employers

Several years ago, the California Supreme Court ruled that under the County Employees’ Retirement Law, counties have to include all types of monetary compensation-such as cash payments for bilingual premium pay, a uniform allowance, or cashed-out accrued vacation-when determining the amount on which an employee’s pension will be based.But some plan members took their counties […]

Wage and Hour: Paycheck Deductions to Compensate for Cash Shortage Found Illegal; When You Can and Can’t Dock Wages

At Earl Scheib Inc. of California, an automotive paint shop chain, most sales transactions are in cash, and only shop managers are authorized to handle cash. If there’s an unresolved discrepancy between the shop’s bank deposit records and cash transactions, the manager is asked to sign an “acknowledgment of reimbursement” agreeing to reimburse the company […]

News Notes: Employer Hit For Not Paying Overtime

A San Diego trial court has awarded $135,838-including a whopping $88,360 in attorney’s fees-to an employee of ATC Distribution Group Inc. who claimed he was improperly denied overtime while working as an assistant manager and interim manager. The employee, who typically worked more than eight hours a day, charged he was misclassified as exempt from […]

News Notes: Circuit City Arbitration Agreement Struck Down Again

The Ninth Circuit Court of Appeals, which covers California, has issued another in a string of rulings invalidating mandatory arbitration agreements used by electronics retailer Circuit City. In the latest case, Circuit City employee Paul Mantor claimed the company indicated to employees that they risked their future with the retailer if they chose not to […]

News Notes: Court Tosses Out Class-Action Suit Against State Fund

Following a 113-day trial, a San Francisco judge threw out a $1.1 billion class-action lawsuit charging State Compensation Insurance Fund, the state’s largest workers’ comp insurer, with unfair claims reserving and business practices. The suit alleged that from 1989 to 1995, State Fund maintained an illegal claims reserving standard, overcharging its policyholders. The judge’s written […]