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News Flash: Employer To Pay Almost $4 Million For Misclassifying Workers As Exempt
U.S. Bank has agreed to pay $3.8 million to “personalbankers” in several states, including California, who were improperly classified asexempt from the overtime laws. The personal bankers’ job duties included creating newbanking relationships, opening accounts and selling banking services. U.S. Bank contendedthat the workers qualified for the administrative exemption to the overtime laws becausethey were […]
News Notes: Workers’ Compensation Hike On The Way
The state Insurance Commissioner has recommended a 10.5% increase in the pure premium rates for workers’ compensation insurance as of Jan. 1, 2003. The Workers’ Compensation Insurance Rating Bureau had requested a 13.4% increase, but the commissioner questioned some of the bureau’s future cost estimates.
Bulletin Item: Workers’ Compensation Reform Developments Continue
The Assembly Insurance Committee was recently scheduled to vote on the controversial reform measure (ABX4 1) proposed by Gov. Schwarzenegger just after he took office in November. However, the committee postponed the vote, which likely would have resulted in the bill’s defeat. The governor and legislators have now entered into talks to reach a compromise […]
Bulletin: U.S. Supreme Court rules on ERISA case
In a unanimous decision favorable to employees, the U.S. Supreme Court recently ruled that individual 401(k) plan participants can sue plan administrators under the federal Employee Retirement Income Security Act (ERISA) for breach of fiduciary duty. James LaRue had initiated the lawsuit after his employer failed to follow his investment instructions, which he said resulted […]
News Notes: DOL Unveils New E-Laws Advisor For Federal Contractors
The U.S. Department of Labor (DOL) has announced the latest in its series of e-laws Advisors. The new Advisor assists federal contractors and subcontractors in understanding basic coverage and compliance information for several laws that the DOL’s Office of Federal Contract Compliance Programs enforces. You can access the new Advisor on the DOL website.
Employers can restrict use of company email for union activities
The National Labor Relations Board (NLRB) has ruled 3-2 that an employer didn’t violate federal labor relations law by having a policy that barred employees from using the company’s email system for union activities and other non-job-related solicitations. Employers have basic property rights to regulate and restrict the use of company property, including an email […]
Ninth Circuit Rules On Wage-Claim Releases
News Notes: Court Upholds San Francisco Domestic Partner Law
The Ninth Circuit Court of Appeals has upheld San Francisco’s landmark domestic partner benefits ordinance, which requires that companies doing business with the city must offer equal benefits to domestic partners and married spouses of employees. The court rejected a constitutional challenge by an Ohio company whose bid for a contract with the city was […]
Heat Illness: What Must We Do to Protect Outdoor Workers in the Summer Heat?
We employ a number of workers in outdoor jobs during the summer. With summer heat coming on, are there Cal/OSHA requirements we need to comply with in this regard? —Sarah G., HR Manager in Marina del Rey