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E-Alert Item: Exempt Employees: Government Proposes New Rules for Determining Who’s Exempt from Overtime

For the first time in over 25 years, the U.S. Department of Labor has issued proposed rules overhauling the system for determining which employees are exempt from overtime under the federal Fair Labor Standards Act. The proposed rules change the types of job duties workers must perform to qualify for exemption from overtime as well […]

Workers’ Comp: Another Rate Cut on the Way

California Insurance Commissioner John Garamendi has announced he will likely recommend a further workers’ compensation insurance pure premium rate cut of at least 6.3 percent—which would bring the cumulative rate decreases to 58 percent since workers’ comp reform measures were implemented back in 2003.

401(K) Cashouts a Popular Choice for Departing Workers

A new study by HR consulting firm Hewitt Associates shows that many workers cash out their 401(k) plans when they leave their jobs. The study, which looked at nearly 200,000 workers with 401(k) plans, found that 45 percent elected to take a cash distribution when departing, while the remainder either kept their savings in their […]

Making the Most of Military Experience

In yesterday’s Advisor, we presented several tips on hiring veterans. Today, help with cultural distinctions, plus an introduction to the “lawsuit preventer,” audit checklists. Understand Cultural Distinctions to Help Vets Feel Comfortable There are some important cultural distinctions to keep in mind when a member of the armed services transitions into the civilian workforce. First […]

High Court To Review Administrative Exemption Case

In the October 2007 issue of CWHA, we reported on a California appeals court decision finding that claims adjusters for Liberty Mutual Insurance Co. didn’t qualify for the administrative exemption from overtime under California law.1 In particular, the court ruled, the adjusters duties mostly consisted of “production” work, as opposed to work at the policy […]

Bulletin Item: Question Of Whether Employers Are Liable For Harassment When An Employee Quits Before Filing A Complaint Is Before The Supreme Court

By agreeing to review the case of Pennsylvania State Police v. Nancy Drew Suders, the Supreme Court will now determine whether employers will face the same liability in these situations as they do for supervisor harassment. We’ll keep an eye on the court and give you a thorough analysis of its decision when it becomes […]

News Flash: Court Rebuffs Temps’ Claim For Benefits

A federal court in California has thrown out a lawsuit we mentioned in the August 1999 issue of California Employer Advisor, which was filed by long-term temps contending that, even though they were paid by employee-leasing agencies, they should be considered regular Atlantic Richfield Co. employees entitled to receive benefits. The temps sought retirement benefits, […]

News Notes: Study Reveals Why Many Small Employers Don’t Offer Health Insurance

Some common misconceptions keep small employers from offering health benefits to their employees, according to a recent study by the UCLA/UC Berkeley Health Insurance Policy Program. The study revealed that 38 percent of California employers with 10 to 50 employees don’t offer coverage. The reasons why include these erroneous perceptions: it’s too expensive; it doesn’t […]

News Notes: Ninth Circuit Says Title VII Claims May Be Arbitrated

  Several years ago, the federal Ninth Circuit Court of Appeals ruled that mandatory arbitration agreements are unenforceable for discrimination claims brought under Title VII, the federal anti-bias law. But the court has now called this ruling into question. In a new case, the court found that Circuit City employee Monir Najd had to arbitrate […]

Employment Law Tip: Preparing for a Wage-Hour Investigation

Wage and hour investigations are often the result of a complaint filed by an employee or former employee. But sometimes the U.S. Department of Labor, or a state agency, targets specific industries for audits. During an investigation, the DOL will visit the business and gather data on wages, hours, and other employment conditions or practices. […]