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Cafeteria Plans Can Help Employers Avoid Pay-or-Play Penalties

Employer contributions to a Section 125 cafeteria plan can be deducted from the employee’s cost of a health plan for purposes of determining the affordability of coverage, final IRS rules on minimum essential coverage published on Nov. 26 (79 Fed. Reg. 70464) stipulate. In order to be deducted, the café plan benefit must not be […]

Hire Based on Data, Not “Gut”

On Fridays, California Employer Daily will often be given over to an “E-pinion” column by Jennifer Carsen, Esq., ERI’s Managing Editor. If you’ve got an idea for a 500-700 word column on any topic of interest to California employers, we’d love to have you as a guest columnist. Just describe your idea in a brief […]

Say what? Asking employees to take language classes

by Brad Cave Q: Will I be in violation of federal discrimination laws if I provide an “English as a second language” (ESL) employee English language training at the company’s expense? A Any possible discrimination charge under Title VII of the Civil Rights Act of 1964 would be based on national origin. The Equal Employment […]

Holiday Season (and Year-Round) Stress: How to Handle It

Today’s workforce operates under high pressure, especially at holiday season. Here are some tools to help them handle the load. Holiday season is one of the most joyous times of the year, but it’s also one of the most stressful. Gift buying fever is at its peak, and the malls are jammed. Even worse are […]

Federal/State Employment Law Conflicts: Taming the Two-Headed Monster

A small publisher tackles federal/state employment law conflicts … and comes up with a classic solution. A recent article in Daily Advisor discussed the practice of “toggling.” No, it’s not a new dance craze, though many HR professionals probably wish it was. It’s the constant switching back and forth that HR managers have to do […]

South Carolina Court Says “No” To NLRB Posting Rule

By Richard J. Morgan For over 75 years, the National Labor Relations Board (NLRB) was one of a very few federal labor agencies that didn’t require employers to post a general notice of employee rights in the workplace. Yet, on December 22, 2010, the NLRB decided it would change its 75-year history. On that date, […]

Last-minute Tips for Amending HIPAA Business Associate Contracts

As the transition period for amending business associate agreements draws to a close, HIPAA experts have highlighted some issues for plan sponsors to keep in mind. Under last year’s HIPAA/HITECH omnibus rules, all contracts with business associates must be compliant with the rules by Sept. 22. Obviously, group health plans and other HIPAA-covered entities that […]

News Flash: $3.8 Million Verdict Against Kmart After Customer Beaten By Security Guard

A state appeals court has upheld a jury’s $3.8 million award to a dentist who suffered a career-ending injury when he was beaten up by a Kmart security guard. The ruling provides a dramatic example of how you can be liable for misconduct by your employees. Problems started when George Heimer tried to return a telephone […]

Recruiting talent or trouble? What recruiters need to know

Finding just the right person for a job is the constant challenge for recruiters. Even when they have the benefit of up-to-date training, high-tech tools, and good common sense, they often face an uphill struggle. They’re either inundated with applications—many from unqualified candidates—or they’re left with such a small number of suitable applications that they […]