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News Notes: Survey Finds Electronic Surveillance In The Workplace Is Common

Nearly 75% of employers nationwide—more than double the number from 1997—actively monitor employees’ phone calls, voice mail, e-mail, Internet use and computer files, according to a new survey by the American Management Association. The financial services industry had the highest incidence of electronic monitoring, with over 90% of employers engaging in such activities. The survey […]

News Flash: Details Of Tax-Free Transportation Plans Debated

At a hearing in Washington, D.C., earlier this month, the Internal Revenue Service heard opposing arguments on permitting employers to provide tax-free public transit benefits through cash reimbursement rather than vouchers or passes. As we’ve reported, proposed IRS rules would make it easier for employers to set up transportation spending accounts, which let you pay […]

Family And Medical Leave: No-Fault Attendance Policy Costs Employer $250,000; How To Avoid Making The Same Mistake

Many employers have no-fault attendance policies, which call for discipline or termination after an employee has a certain number of absences – regardless of the reason for the time off. But as one employer recently found, these policies may conflict with the family leave laws. We’ll look at what happened and offer other alternatives for […]

News Notes: Government Issues Guidance On Whcra Annual Notice

The Department of Labor and the Department of Health and Human Services have issued guidelines explaining how to comply with the Women’s Health and Cancer Rights Act’s annual notice requirement. The notice explains that mastectomy-related services must be covered under health plans. It can be sent alone or with the summary plan description, a newsletter, […]

Managing Workers With Mental Disabilities: ADA May Protect Anxiety-Ridden Employees Who Can’t Interact With Others; Practical Approaches To Take

How do you deal with an employee who’s disruptive and can’t get along with co-workers? The obvious answer may be a warning or other discipline. But the federal Ninth Circuit Court of Appeal says employees like these may have a mental disability protected by the Americans with Disabilities Act (ADA), and that instead of disciplining […]

News Notes: New ADA Ruling Protects Seniority Systems

Last year, the Ninth Circuit Court of Appeal ruled that, in most cases, an employer doesn’t have to make an exception to an established seniority system to provide an accommodation to a disabled worker. Now, the same court has clarified its original ruling, going even farther in protecting seniority policies. The case involved a disabled […]

News Notes: Cash-Balance Retirement Plans Spark Controversy And Legislation

IBM¹s recent announcement that it was converting from a traditional pension plan to a cash-balance plan triggered angry employee protests and age discrimination allegations. Now, government agencies and federal legislators are vowing to take a closer look at the impact cash-balance plans have on older workers. Unlike traditional pension plans in which workers earn most […]

News Notes: New Law Expands Right To Time Off For Court Appearances

A new measure signed by Governor Davis expands existing law that permits employees to take unpaid time off from work to serve on a jury or act as a witness. The new law specifies that an employee who is a victim of domestic violence or other crimes may also take time off to attend court […]

Severance Programs: ERISA Traps For The Unwary

Your voluntary separation incentive plan may involve even more paperwork and expenses than you think. According to a new federal government opinion, severance programs that aren’t directly linked to retirement can still be considered pension plans covered by detailed ERISA compliance requirements. 400+ pages of state-specific, easy-read reference materials at your fingertips—fully updated! Check out […]

Accommodating Disabilities: Extra Effort To Accommodate Worker Wins Case For Employer

Lucky Stores faced a typical problem. An employee who was injured on the job wanted to return to work even though his doctors had imposed restrictions on his duties. The supermarket carefully considered the employee’s work limitations, extended his disability leave more than once and eventually offered him a part-time job he was qualified to […]