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E-Alert Item: Legal Update: High Court To Consider Several Employment Cases During New Term

On October 7, 2002, the U.S. Supreme Court reconvened for a new session. The court’s docket this term includes a case involving whether physician-shareholders can be counted as employees for purposes of determining employer coverage under the Americans with Disabilities Act and a case regarding whether state employers can be sued for violations of the […]

News Notes: Helping Elderly Parent Relocate Doesn’t Qualify For Family Leave

  A California Court of Appeal has ruled that Beverly Hospital in Montebello didn’t violate the state family leave law by terminating a physical therapist who missed work to help her seriously ill mother move to a new apartment. Marjorie Pang claimed her time off was protected because she was providing psychological care for a […]

News Notes: Supreme Court Update

The U.S. Supreme Court has ruled that wage and hour cases filed in state court under the federal Fair Labor Standards Act can be moved to federal court at an employer’s request. Employers might prefer to have a case heard in federal court for a number of reasons, including the higher standard applied to jury verdicts. […]

Small Businesses Place Blame on Big Businesses for Hiring Challenges

Results from a recent survey of small business owners conducted by Survey Monkey and CNBC found that “16% of small business owners (but 41% of small businesses with 50 employees or more) have had open positions for at least three months.” That’s a pretty big number for those 50+-employee companies. And those businesses have some thoughts on […]

News Notes: Study Finds No Increase In Workers Covered By Health Insurance

Despite the prosperity of the late 1990s, the number of workers covered by employer-sponsored health care insurance did not grow. The Center for Studying Health System Change found about three-quarters of people under age 65 were covered by employer-sponsored health care in 2001, the same as in 1997. In 2001, 75.6 percent of workers had […]

News Notes: New Privacy Regulations Announced

The Bush Administration has released new regulations addressing medical privacy rights under the Health Insurance Portability and Accountability Act (HIPAA). Group health plans generally have until April 14, 2003 to comply with the new rules.

News Notes: New Case Focuses On Union Contract Exception To Overtime Pay Rates

California overtime pay rules don’t apply to unionized employees if the union contract sets premium overtime rates as well as a regular hourly rate that’s at least 30% over the minimum wage. Examining an older version of this exemption, a California Court of Appeal explained that it permits an employer and union to negotiate how […]