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The federal Ninth Circuit Court of Appeals recently tossed out a mandatory arbitration agreement signed by a Circuit City employee because it was unduly lopsided in the employer’s favor (see CEA March 2002). But in another case involving identical arbitration provisions, the court has ruled that employee Mohammad Sharfuddin Ahmed was required to arbitrate his […]
A Wall Street Journal analysis of recent data sets reveals unexpected characteristics of current employment losses. The last 10 years have seen an increasing parity in employment among men and women, but because the majority of women came into the job market later, it was expected that layoffs — following a last-in/first-out pattern — would […]
Dealing with employees who have emotional or psychological problems can be challenging both personally and legally. And now, handling these issues is trickier than ever in light of two recent conflicting cases on the definition of mental disability. Court Finds Loophole In the first case, brought against Bowersmith Inc. based in the Tulare County town […]
New Department of Labor regulations on health benefit claims and appeals procedures reduce the time allowed for processing claims and reviewing claim denials. The rules apply to claims filed on or after Jan. 1, 2002, under all ERISA-governed health plans including employer-provided health programs such as dental and vision coverage, disability plans and HMOs.
A new California appeal court decision underscores how critical it is to make sure your workers’ comp insurance policy stays in force and that you have proof of insurance. Here’s what happened.
The National Labor Relations Board (NLRB) is reprising its 2011 effort to change the rules related to union representation—an effort that sparked opposition from employers then and will surely do so again. A statement from the NLRB says that in substance, the proposed amendments are identical to the representation procedure changes first put forth in […]
Big Lots Inc. has signed off on a $10 million settlement of a lawsuit charging that more than 1,400 managers and assistant managers at the Ohio-based retailer’s California discount stores, including Pic ‘N’ Save and MacFrugals, were misclassified as exempt. The employees charged they spent the bulk of their time performing nonmanagerial tasks such as […]
According to the Urban Institute report “50+ Hispanic Workers: A Growing Segment of the U.S. Workforce,” Hispanics make up one of the fastest growing segments of the country’s older population, making them an important demographic for employers. In the report, Richard W. Johnson and Maurcio Soto examined the contributions these workers make to employers and […]
President Bush signed the ADA Amendments Act of 2008 (ADAAA) into law on Sept. 25. It will expand interpretation of the American with Disabilities Act’s coverage, reversing a trend toward narrow construction that began with a string of U.S. Supreme Court decisions starting in 1999. The amendments become effective January 1, 2009. Learn more from […]