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Bulletin Item: State Supreme Court Agrees to Review Whether Supervisors Can Be Held Liable for Overtime Pay

In the May issue of California Employer Advisor we reported on a case, Reynolds v. Bement, where a court ruled that a supervisor could be held individually liable for unpaid overtime due to a worker. The case was recently taken under review by the state’s highest court. We’ll be watching to see how the court […]

News Notes: Employee Forced To Quit For Revealing Prison Abuses

After Terence Allen, a Hawaii Department of Corrections physician, publicly disclosed the alleged mistreatment of inmates, he was investigated by the internal affairs division, denied a promotion and locked out of the facility. The federal Ninth Circuit Court of Appeals has now ruled that the department retaliated against him for exercising his free speech rights. […]

News Notes: Benefits Plan Singling Out Workers On Medical Leave Violates ERISA

When Professional Risk Management acquired Applied Risk Management, the companies’ agreement provided for all active Applied employees to automatically be transferred to Professional without a break in health benefits coverage. But workers on medical, disability or other extended leave weren’t transferred until they returned to active duty, and they consequently lost health coverage until they […]

News Notes: Bank Agrees To Pay $26 Million For Poor 401(K) Investments

First Union Corp. has agreed to pay a whopping $26 million to current and former employees to settle two lawsuits accusing the bank of forcing workers to invest their 401(k) retirement savings in poorly performing mutual funds. The employees charged that First Union included second-rate investment funds in its in-house 401(k) plan and then used […]

News Notes: New Guidance Available On Health Care Privacy Rules

As we reported in an earlier article, the government recently released new privacy regulations under the Health Insurance Portability and Accountability Act (HIPAA). As the April 14, 2003, compliance deadline approaches, the U.S. Department of Health and Human Services has issued guidance (available on our website), including frequently asked questions, explaining significant aspects of the […]

Tool of the Week: Independent Contractor Guide

The benefits of using nonemployee workers such as independent contractors are obvious: you don’t have to provide a contractor with expensive employee benefits, and you retain greater flexibility to quickly alter your workforce as needs change. But if you make a mistake and incorrectly classify an employee as an independent contractor, the consequences can be […]

Top U.S. Court Takes Case to Resolve Limits on Health Plan Recoveries

The U.S. Supreme Court agreed on June 25 to decide whether an employee health plan is subject to equitable limits when it demands reimbursement of benefits paid to care for a covered employee who also recovers money from third parties. A 2011 ruling on this issue by the 3rd U.S. Circuit Court of Appeals troubled […]

News Notes: Employers Paying More For Absenteeism, Survey Says

A new absenteeism survey by Commerce Clearing House Inc. indicates that absenteeism costs climbed to an all-time high in 2002—even though absenteeism itself dropped slightly. Employers spent an annual average of $789 per employee for unscheduled days off, up from $755 in 2001. While workers listed illness as the most common reason for calling in […]

Health and Safety: New Pandemic Flu Guidance for Healthcare Workers

The U.S. Occupational Safety and Health Administration (OSHA) has unveiled new guidance for healthcare workers and their employers on preparing for and responding to a pandemic flu, such as the avian influenza. Avian influenza—also known as bird flu—is caused by a virus that attacks wild birds and domestic poultry. A dangerous strain is rapidly infecting […]