Most Popular

New Harassment Legislation: Governor Expands Law To Cover Independent Contractors; 3 Important Steps To Take

One advantage of using independent contractors has traditionally been that you could not be sued for many employment-related disputes. But because Governor Davis has just signed a new law expanding harassment protections to independent contractors, you will now have to be more cautious in how you deal with them. The measure takes effect January 1, […]

Americans with Disabilities Act: New EEOC Fact Sheet Guides You in Accommodating Diabetics in Your Workplace

During the past five years, the Equal Employment Opportunity Commission (EEOC) has seen a 13 percent increase in the number of charges filed under the Americans with Disabilities Act (ADA) alleging discrimination based on diabetes. And according to the Centers for Disease Control, approximately one million cases of diabetes are diagnosed each year in the […]

In Spite of Review Flaws, Court Sees ‘Sufficient’ Appeal Process and Reasonable Benefit Cut-off

Because an employer health plan gave a full and fair review resulting in a reasonable benefits decision, a federal court upheld the plan’s lifetime limit on obesity services and its prohibition on payments to treat complications from earlier gastric bypass surgeries. The plan also weathered an allegation that it was not properly segregating plan funds. […]

Your Trainers Making Any of These Mistakes?

Yesterday’s Advisor explored courts’ new attitude toward training. In today’s issue, Attorney Philippe Weiss tells what he thinks will go wrong in your training sessions, and we get a look at an extraordinary 10-minute training program. Weiss is director of Seyfarth Shaw at Work, a legal compliance training company associated with the Seyfarth Shaw law […]

Hurricane Sandy prompts extension of affirmative action form deadline

by Tammy Binford The U.S. Department of Labor (DOL) has extended the deadline for federal contractors and subcontractors to file their VETS-100 and/or 100A reports because of the effects of Hurricane Sandy. The deadline was extended from October 31 to November 9. All paper reports and electronic files in the 2012 cycle are now due […]

Obama administration delays implementation of ACA “play or pay” provision

In a surprising move yesterday, the Obama administration announced on the U.S. Department of the Treasury’s website that it is delaying the implementation of the Affordable Care Act’s (ACA) employer responsibility provision. Now employers won’t have to worry about compliance with the provision, commonly referred to as the “play or pay” provision, until 2015. The […]

News Notes: Aggressive Response To Discrimination Lawsuit Backfires

A jury has handed down a $3.8 million verdict in favor of a hotel manager who complained of race discrimination, thanks to the employer’s overly aggressive reply to the worker’s lawsuit. Rabah Khatib sued his employer, Tower Corp., claiming that he was harassed and discriminated against because he is Arab-American. He also charged that his […]

2009 Pay Increase Survey: Results

Following a drop of more than 2,000 points in the Dow Jones Industrial Average in early October, we surveyed our readers to find out whether employers were revising their pay increases planned for 2009. Between October 24 and October 29, we received 518 responses. Below are the results of the survey. (Read the full story […]

wage

DOL Tip Pool Regs Can Stand, Split Appellate Court Says

By Kate McGovern Tornone, Editor The U.S. Department of Labor’s (DOL’s) limits on tip pools are valid, the 9th U.S. Circuit Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—reaffirmed September 6, denying a request for it to reconsider its opinion on the issue.

News Flash: Court Says Final Paycheck Rules Can’t Be Changed By Agreement; Employer Hit With Fines For Violations

David Balcorta complained that Twentieth Century Fox Film Corporation in Los Angeles violated the California Labor Code on 11 occasions by not paying him promptly after his discharge from short-term jobs with the studio. Fox contended that it had paid Balcorta according to the terms of its collective bargaining agreement. But the Ninth Circuit Court […]