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Employment Law Tip: Direct Deposit—Don’t Force It

Direct payroll deposit can be a real timesaver for employers and employees alike. But did you know that California law prohibits employers from requiring employees to use direct deposit for their paychecks? Specifically, Labor Code Section 213 makes it clear that employers can use direct deposit, but only when the employee voluntarily authorizes it. Additional […]

Should You Strive to Know Less About Your Employees?

In yesterday’s Advisor, attorney Joseph L. Beachboard talked about the increasing threat of retaliations lawsuits.  Today, steps you might have to take, plus an introduction to the other great lawsuit preventer, the HR audit. Eric had Standing First, back to Eric from yesterday’s Advisor. The Supreme Court found that Eric, who was fired because of […]

What Will 2012’s Biggest Wage-Related Issue Be?

“Paying to market” and “Four years of freezes” are the biggest issues for many respondents to a recent survey conducted by the HRhero division of BLR last December. Other responses to the question, What do you think your organization’s biggest wage-related issue will be at the end of 2012? included: A sad one: “We’re just […]

News Notes: COBRA Can’t Be Denied Because Employee Has Other Coverage

The U.S. Supreme Court has ruled that you can’t deny COBRA continuation coverage to an eligible employee or dependent simply because the person-at the time COBRA coverage is elected-is also covered under another group health plan, such as one provided by a spouse’s employer.3 Note that despite this new ruling you can terminate COBRA benefits […]

Nifty HHS Site Enables Small Employers to Shop for Health Insurance

Are you shopping around for health insurance for your small company? The U.S. Department of Health and Human Services (HHS) just unveiled a computerized search engine for health insurance policies, so you can search plans in much the same way the Medicare Part D program enables elderly folks to search prescription drug plans (or the way many […]

Supreme Court to Rule on Whether Health Reform Stands or Falls

Fast on the heels of the latest pertinent appeals court ruling, the U.S. Supreme Court definitively announced on Nov. 14 it will decide the question of whether Congress exceeded its powers to regulate commerce when it required people to buy health insurance as part of health reform (or in the converse, whether the individual mandate is allowed […]

Contractors for Storm Clean-up Pose Misclassification Risks

Hurricane Sandy’s path of destruction has left many homeowners, municipalities and businesses in need of reconstruction and repairs — and when such weather-related disasters require massive reconstruction efforts, many landscapers and builders hire subcontractors to help. Increased joint employer liability, particularly in those industries that frequently use subcontractors, often goes hand-in-hand with worker misclassification. Employers […]

Final HITECH Omnibus Rules Tighten Breach Notification

The HITECH Act is now here in full. The whole litany of tighter privacy and security requirements is in the long-awaited, long-delayed “omnibus” rules finalized Jan. 17 by the U.S. Department of Health and Human Services, and most of these will have to be met by this Sept. 23. The omnibus rules also include changes […]