Tag: benefits

News Flash: Workers’ Compensation Resurfaces In Sacramento

  Last year Gov. Davis vetoed a bill to increase workers’ comp benefits. But, as expected, the issue has already emerged in a new bill, S.B. 71, that calls for a study to make recommendations for boosting benefits and implementing other workers’ comp reforms. Employer proposals include reducing permanent disability payments when an employee returns […]

News Notes: More Employers Having Difficulty Administering Family Leave

A new Department of Labor study reveals that employers are generally less positive about the Family and Medical Leave Act than their employees. Although a majority of employers reported that the FMLA is easy to administer, the figure dropped sharply from 85% in 1995 to 63% in 2000. More employers in 2000 than in 1995 […]

Reduction In Force: High Tech Firm Sued For Laying Off Workers Without Adequate Notice

A recent development serves as an alert for all employers contemplating a large-scale lay-off without prior notice. The Connecticut Attorney General is suing Walker Digital, owned by Priceline founder Jay Walker, charging that the company violated the federal Worker Adjustment and Retraining Act (WARN) when it let 106 workers go without adequate notice in November. […]

Union Contracts: The 5 Words You Should Never Say When Acquiring A Company

On their last day of work, the unionized employees of bankrupt Aero Stretch Inc., a Gardena aerospace manufacturer, were told they could apply for positions the next day with the new company taking over, Advance Stretchforming International Inc. (ASI). The employees were also informed that there would be no union at ASI. Now the federal […]

Workers’ Comp Fraud: Employee Ordered To Repay Benefits After Bogus Claim Uncovered; How To Prevent Fraud

If a picture is worth a thousand words, a videotape can be worth many times more when a surveillance camera catches an employee in the act of dramatizing a phony workers’ comp injury. That’s what happened in a recent case that resulted in the criminal conviction of a malingering employee who was also ordered to […]

Age Bias Claims: EEOC Clarifies Rules For Challenging ADEA Waivers

It’s not uncommon for employers to offer older workers early retirement or severance benefits in exchange for having them waive potential age-bias claims they might have under the federal Age Discrimination in Employment Act (ADEA). But employees sometimes have second thoughts—after they have accepted the benefits. Now the Equal Employment Opportunity Commission has issued new […]

News Flash: Microsoft Settles Temporary Worker Lawsuit For $97 Million

Microsoft Corp. has agreed to pay $96.9 million to settle a class action lawsuit brought by long-term workers who claimed the company misclassified them as temporary employees to avoid paying benefits. The so-called “permatemps”-who performed the same work as full-time staff-sought benefits such as health insurance and participation in the company’s lucrative employee stock purchase […]

News Notes: Employer To Pay $5.5 Million To Settle Misclassification Charges

The U.S. Department of Justice and Time Warner Inc. have reached a $5.5 million settlement to resolve a lawsuit charging that since 1990 the publishing giant has misclassified employees as independent contractors or temporary workers, causing them to be denied benefits including health insurance, pensions and employee stock ownership. The company did not admit liability, […]

Wage And Hour: Workers Charge Employer Didn’t Calculate Overtime Correctly; Helpful Pointers

Calculating overtime is usually a straightforward process of multiplying the worker’s regular hourly rate by one and a half. However, a recent Ninth Circuit Court of Appeals case illustrates that the computation is more complex if you pay an employee a flat rate per day. That’s because you need to figure out what the hourly […]

Employee Benefits: New EEOC Guidance Covers Benefit Differentials Based On Disability And Pregnancy, Part 2

The Equal Employment Opportunity Commission recently issued new guidelines explaining how federal employment discrimination laws apply to employee benefits. Last month we examined the rules regarding age discrimination. This month we look at the EEOC guidelines dealing with disability and pregnancy discrimination.