Bulletin Item: Violations of Labor Laws Will Soon Mean Greater Penalties
Gov. Davis recently signed AB 276, which doubles the penalties for certain labor law violations, including the failure to pay wages.
Author: Jennifer Carsen
Bulletin Item: More Legislation of Interest to Employers Awaiting the Governor’s Approval
In addition to the workers’ compensation bill discussed in this Bulletin, there are a number of other bills on Gov. Davis’s desk that could impact your employment practices. Here’s a quick summary of what they are: AB 1715 invalidates arbitration agreements affecting employment claims under the Fair Employment and Housing Act that are made a […]
Workplace Discrimination: New Law Bans Bias Against Transgendered People; Make Sure Your Policies-and Supervisors-Are Up-to-Date
Gov. Davis has signed legislation expanding the California Fair Employment and Housing Act (FEHA) to prohibit job discrimination against transsexual and transgenderedapplicants and employees.
Disability Bias: It’s Now Harder for You to Prove an Employee Poses a Direct Threat to Safety
In July 2002, we reported on a U.S. Supreme Court ruling that an employer can defend against a disability discrimination claim by showing the individual poses a direct threat-that is, a significant risk to the health and safety of the individual or others that can’t be eliminated by reasonable accommodation. Now, in a new development […]
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 […]
Retirement Benefits: How to Avoid the 10 Most Common Mistakes Employers Make When Calculating Pensions
In recent years, pension benefits have come under increased scrutiny amidst allegations that benefits are often miscalculated and thus underpaid.
Benefit Plans: Maintain ERISA Records-or Face a Lawsuit; Recordkeeping Guidelines
A new Ninth Circuit Court of Appeal ruling highlights recordkeeping requirements for employee benefit plans under ERISA, the federal law regulating benefit plans, and the con-sequences for employers who don’t follow these rules.
Pension Plans: Two Courts Rule Cash Balance Pensions Violate ERISA; Employer to Pay $300 Million
Over the last several years, many employers have converted their traditional pension plans to cash balance plans. But according to two recent federal court decisions, these cash balance arrangements may violate the Employee Retirement Income Security Act, (ERISA), the federal law regulating employee benefits.