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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 […]
Earlier this year, we reported on a major California Supreme Court opinion that state anti-bias law doesn’t bar discrimination against older workers in providing fringe benefits such as tuition assistance. Now Gov. Davis has inked into law an amendment to California’s Fair Employment and Housing Act that undoes the high court’s ruling and brings California in […]
In the November 2005 issue of the California Employer Advisor, we reported on a case that highlighted the tension between the requirements of California disability bias law, the state Compassionate Use Law, and the federal Controlled Substance Act, which criminalizes drug use and possession. The case involved an employee who was refused employment after he tested positive […]
New health reform rules finalize policies for non-profit organizations that object on religious or moral grounds to gain an exemption from having to “contract, arrange, pay or refer for” contraceptive coverage. The final rules reflect public feedback received in response to Feb. 6, 2013 proposed rules (78 Fed. Reg. 8456). In the proposed rule, the […]
Last year, the Ninth Circuit Court of Appeals, which covers California, decided that federal antibias laws don’t prohibit employers from requiring job applicants and employees to sign mandatory arbitration agreements as a condition of employment. The case then went before a full panel of the Ninth Circuit for review—which has now handed down another strong […]
The federal Labor Department has issued a memorandum clarifying its position on the rights of returning uniformed service members to take family and medical leave. The department says that active duty time must be counted toward these workers’ eligibility to take time off under the Family and Medical Leave Act. In particular, employees generally become […]
By Stephen Bruce, PhD, PHR Managing Editor, HR Daily Advisor Just My E-pinion Big surprise—health care costs are going up. In our recent survey, 56% reported annual costs per employee in the $5,000-10,000 range (compared to 47% in last year’s survey), and 18% reported costs of over $10,000 per year (compared to 12 % in […]
The U.S. Department of Labor has announced it will soon release new regulations under the Fair Labor Standards Act to increase the salary level required for exemption from overtime, which was last updated in 1975. The new regulations will also clarify and simplify the existing complex rules regarding the types of job duties exempt workers […]
In a flurry of employment-related activity, the high court ruled that state employees can’t sue for age discrimination under federal law, although they can still file suit under state law. Plus, the court upheld the following important decisions: the landmark Ninth Circuit Court of Appeal ruling that said Microsoft improperly treated temporary employees as independent […]