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ERISA: 10 Tips for Ensuring ERISA Compliance

Making sure you comply with the federal Employee Retirement Income Security Act (ERISA) is a lot easier when you have a basic understanding of ERISA’s rules. California plan administrators can use the following checklist as guidance to determine if their current plan complies with ERISA’s requirements, including some of the thorniest ones:   1. Have […]

Retirement Plans: Final DOL Regulation on Qualified Default Investment Alternatives Protects 401(k) Fiduciaries

A new U.S. Department of Labor (DOL) regulation protects fiduciaries when selecting and investing employee assets in qualified default investment alternatives (QDIAs) for 401(k) plans. The rule, effective Dec. 24, 2007, expands the relief provided to plan fiduciaries under the federal Employee Retirement Income Security Act (ERISA) and should be particularly valuable to fiduciaries of […]

High Court To Review Administrative Exemption Case

In the October 2007 issue of CWHA, we reported on a California appeals court decision finding that claims adjusters for Liberty Mutual Insurance Co. didn’t qualify for the administrative exemption from overtime under California law.1 In particular, the court ruled, the adjusters duties mostly consisted of “production” work, as opposed to work at the policy […]

Bulletin: San Francisco minimum wage goes up

As of Jan. 1, 2008, employees who work in San Francisco (including temporary and part-time workers) must be paid at least $9.36 per hour (up from $9.14). Visit the SFGov.org website to access the required minimum wage poster. Remember that the state’s minimum wage jumps to $8.00 per hour on the first of the year. […]

EEOC releases fact sheet on selection and testing procedures

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a new fact sheet explaining how federal nondiscrimination laws apply to employer tests and other selection procedures—such as personality tests, medical exams, and credit checks—used to screen applicants for hire and employees for promotion. The fact sheet also spotlights “best practices” employers can follow to avoid […]

Terminations: What Should We Cover When We Conduct a Termination Meeting to Fire a Poor Performer?

One of our employees isn’t working out. His sales have been consistently low, he has trouble meeting deadlines, and he doesn’t interact well with clients. We’ve decided to let him go. What should we cover when we meet with him? Thank you. — Maryanne P., Santa Monica   Mishandling a termination meeting could lead to […]

Employment Law Tip: Protecting Exempt Status: The Seven Deadly Sins

While California law generally requires employers to pay overtime when employees work over eight hours in a day or 40 in a week, certain executive, administrative, and professional employees are exempt from this requirement if they meet three conditions: 1) the employee is paid on a salary basis; 2) the employee earns a certain minimum […]

Discrimination: Do You Have Any Tips for Avoiding Discrimination Lawsuits?

Fortunately we haven’t been accused of discriminating against our employees or potential hires. But with all the lawsuits we’ve been reading about lately, we want to be proactive. Do you have any strategies or advice for preventing possible discrimination claims? —Kris R., HR Director, San Jose   Discrimination is a big—and often costly—issue faced by […]

Expense Reimbursements: IRS Raises Mileage Rate for 2008

The Internal Revenue Service has increased the standard mileage rate commonly used to reimburse employees for business use of a car to 50.5 cents per mile, up from 48.5 cents in 2007. The new rate will apply to miles driven beginning Jan. 1, 2008. Employers who use the IRS standard mileage rate to reimburse employees […]

Sharing The Wealth

The California Supreme Court recently ruled that employers may lawfully use net-profit-based incentive plans to compensate their employees.1 Employers may base profit-based bonus or incentive plans on the traditional measure of company profits, regardless of whether the employee is exempt. Before the ruling, an employer would have had to add workers’ comp and other business-related […]