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Arbitrating Employment Disputes: State High Court Approves Use Of Arbitration Agreements But Many Will Require Changes; A 6-Point Checklist

The California Supreme Court has given an important stamp of approval to the use of mandatory arbitration clauses as a condition of employment as long as they meet certain requirements assuring fairness to employees. In the wake of the ruling, you’ll need to immediately review, and possibly revise, arbitration agreements signed by existing employees and […]

News Notes: Worker’s Naps May Indicate Need For FMLA Leave

After four years of exemplary employment, John Byrne, an Avon Products Inc. engineer, began to fall asleep on the job and was fired. It turned out he was suffering from depression. He was quickly hospitalized and recovered. Byrne charged in a lawsuit his termination violated the Family and Medical Leave Act because his abrupt change […]

Religious Accommodations: New Decision Says Accommodating Trucker’s Religious Beliefs Against Working Alongside Women Involved Undue Hardship

David Virts was an “over-the-road” truck driver at Consolidated Freightways Corp.’s Nashville, Tenn., terminal. Virts refused to go on overnight “sleeper runs” with female drivers because it would violate his religious beliefs. Now a federal appeals court has ruled that the trucking company wasn’t required to accommodate Virts because it would have been an undue […]

News Notes: Proposed Legislation On Workplace Electronic Monitoring

New legislation, SB 1841, has been introduced in Sacramento to require employers to notify employees in writing or electronically before monitoring the workplace electronically—by such means as computer, phone, wire, radio, or camera. The detailed notice would have to be issued when electronic monitoring is implemented and annually thereafter. Violations would carry a steep penalty […]

News Flash: Limits On Retirement Benefits To Go Up

Employees will be able defer a maximum of $10,500 to their401(k) plans next year, rather than the $10,000 cap currently in effect, under newcost-of-living adjustments announced by the IRS that go into effect January 1. Inaddition, the maximum annual benefit that can be funded through a defined benefit planwill rise to $135,000 from $130,000, although […]

Workers’ Compensation: Insurance Commissioner Approves Big Premium Rate Increase

The state Insurance Commissioner has approved a 10.1% premium rate hike for workers’ compensation insurance in response to increases in medical costs that have battered workers’ comp insurers. Although the approved boost is only advisory, increases adopted by the commissioner are frequently used by the industry as a guidepost to set policy prices.

E-Alert Item: Minimum Wage: IWC Nixes Increase

In a public meeting held in Sacramento on January 10, 2003, the California Industrial Welfare Commission rejected a petition to boost the minimum wage to $8 per hour. Despite this action, state lawmakers will likely introduce legislation during the new legislative session to raise the minimum wage. And labor representatives stated that they plan to […]