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Ban on Gay Marriage Ruled Unconstitutional in California

In a divided 4-3 ruling, the California Supreme Court has declared unconstitutional state laws limiting marriage to opposite-sex couples.1 The case arose out of San Francisco’s move, back in 2004, to issue marriage licenses to gay and lesbian couples. The decision was immediately challenged, and the California Supreme Court ruled then that the marriages were […]

Most Prevalent Incentive Payments? Survey Says …

Approximately one-third of employers report that their organizations supplement wages and salaries with cash incentives in the form of individual or team awards, spot bonuses, and similar payments, according to a recent survey of Cash Compensation practices conducted by BLR. Long term incentive bonuses were most frequently reported to be paid to employees at the […]

Employment Law Tip: Adopting a Safe Driving Program

If you have employees who drive motor vehicles for work purposes, it’s important to take a close look at whether you’re doing all you can to ensure employees drive safely and avoid accidents—and your best bet is to implement a comprehensive driver safety program. According to the U.S. Occupational Safety and Health Administration (OSHA), an […]

Employers: Best to Have ‘Binders Full’ of Employment Law Info

“Equal pay for equal work” is a key talking point for President Obama’s re-election platform, and last night’s presidential debate gave both candidates the chance to discuss the growing issue of pay disparity between male and female employees. While Gov. Mitt Romney’s “binders full of women” comment in response to a question on this issue […]

Mandatory Arbitration: Ninth Circuit Tosses Out One-Sided Agreement

Last year, the U.S. Supreme Court approved the use of mandatory arbitration agreements for employment disputes in a lawsuit brought by a Circuit City employee. But now the Ninth Circuit, after taking a second look at the arbitration provisions in that case, has tossed out the agreement, ruling that it was unduly lopsided and didn’t […]

Another NLRB recess appointment ruled invalid

Nearly four months after an appeals court ruled that recess appointments to the National Labor Relations Board (NLRB) made in 2012 were invalid, another appellate court has ruled a previous recess appointment unconstitutional. The U.S. 3rd Circuit Court of Appeals ruled May 16 in NLRB v. New Vista Nursing & Rehab. that President Barack Obama’s […]

Bulletin Item: Budget Proposal Includes Sweeping Pension Changes

President Bush has proposed important changes to the types of retirement accounts available to American workers. The changes are designed to make retirement savings simpler and more attractive. The president proposes to create Employer Retirement Savings Accounts (ERSAs), which would streamline, consolidate, and simplify the maze of employer-sponsored plans, including 401(k), SIMPLE 401(k), 403(b), and […]

Privacy: California Supreme Court to Review Workplace Privacy Ruling

In the December 2006 issue of the California Employer Advisor, we reported on a new ruling in which a California appeals court ruled that placing a video surveillance camera in an employees’ office, without notice, could amount to an invasion of privacy. This was true even though no actual viewing or recording of the employees […]

Employment Law Tip: Shopping for a Retirement Plan Consultant

Under federal employee benefits law, fiduciaries of employee benefit plans must administer and manage their plans prudently and in the interest of the plan’s participants and beneficiaries. In carrying out these important duties, plan fiduciaries often rely heavily on pension consultants and other professionals for help. But sometimes these consultants fail to disclose potential conflicts […]

Short Takes: Bereavement Leave

Does the law require us to provide bereavement leave?  Our HR Management & Compliance Report: How To Comply with California and Federal Leave Laws, covers everything you need to know to stay in compliance with both state and federal law in one of the trickiest areas of compliance for even the most experienced HR professional. […]