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The U.S. Department of Labor (DOL) has issued a proposed rule that would force 401(k) plan administrators to report compensation they derive directly and indirectly from their services. In addition, the rule would require plan administrators to disclose in writing potential conflicts of interest to plan fiduciaries, namely employers. The regulation’s main purpose is to […]
Aug. 31 was the last day for California legislators to pass bills, and the governor has until Sept. 30 to sign or veto them. But the current budget standoff in the legislature could mean that few, if any, bills will become law this year. That’s because Gov. Schwarzenegger has pledged that he won’t sign any […]
Are undocumented workers protected by California labor laws?
The Occupational Safety and Health Administration (OSHA) announced on September 4 that it will perform comprehensive safety inspections at nearly 4,000 high-hazard workplaces. These inspections are part of OSHA’s Site-Specific Targeting 2009 (SST-09) program, which helps direct enforcement resources to the types of workplaces that have the highest rate of injuries and illnesses. OSHA will […]
Laura Akers, a deputy district attorney for San Diego County, had an excellent reputation for her work in the El Cajon domestic violence unit. But after Akers became pregnant, she was transferred to a misdemeanor unit. When she complained, her next performance review called her incompetent, inefficient and dishonest. Akers sued the county for gender […]
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 […]
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. […]
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 […]
A California appeals court has ruled that a group of Hollywood screenwriters can proceed with 23 class action age-bias lawsuits against the major studios, television networks, talent agencies, and production companies. The lawsuits, filed by the Writers’ Guild of America, allege that the studios, networks, and production companies crafted a “youth-oriented corporate culture that indiscriminately […]
The Office of Federal Contract Compliance Programs (OFCCP), which enforces antidiscrimination and affirmative action requirements for federal contractors, has issued a final rule defining who qualifies as an “Internet Applicant” for purposes of employer recordkeeping. The OFCCP’s new rule is designed to clear the confusion surrounding how to determine who’s an applicant, in light of […]