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Changes to California’s disability bias laws, which took effect Jan. 1, 2001, broadened the class of disabled persons to include those with conditions that make a major life activity “difficult.” This new definition of a disability is a more lenient standard than the “substantial limitation” of a major life activity that was previously required under […]
Under federal wage and hour law, employees must be paid a predetermined salary to qualify as exempt from overtime. And there are strict guidelines on when salary docking can jeopardize exempt status. When overhauling state wage and hour laws in 2000 with the passage of A.B. 60, California for the first time adopted similar salary […]
Karen Brown, a Lucky Stores Inc. supermarket checker, was arrested for drunk driving, possession of methamphetamines and being under the influence of illegal drugs. She missed two work shifts because she was in jail. The court then ordered her to enter a 90-day round-the-clock drug treatment program the next day, forcing her to miss a […]
Jack Epter, a New York City Transit Authority clerk, applied for a promotion to station supervisor. Because the job was physically demanding, the Transit Authority required applicants to pass a physical exam. Applicants over 40 years old also had to undergo an EKG, something younger applicants had to do only if their physical exam or […]
Suppose an accommodation you’ve provided for a disabled employee isn’t working out. How far must you go to find a new accommodation? And do you have to consider telecommuting as an alternative? A recent Ninth Circuit Court of Appeals decision zeroes in on these questions. And we’ll suggest ways to manage the accommodation process to […]
New Department of Labor regulations on health benefit claims and appeals procedures reduce the time allowed for processing claims and reviewing claim denials. The rules apply to claims filed on or after Jan. 1, 2002, under all ERISA-governed health plans including employer-provided health programs such as dental and vision coverage, disability plans and HMOs.
The Department of Labor has released new regulations that will require you to revise your summary plan descriptions (SPDs) for pension and welfare benefit plans so they are more detailed than ever. Here’s a look at the information that must be included under the new rules.
According to the Equal Employment Opportunity Commission, compensation discrimination is still a very real workplace problem. Now, the EEOC has issued comprehensive new guidelines for when pay differentials are and are not legal. Here are the highlights.
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 […]
Under changes to the state disability discrimination law that took effect January 1, you can be sued for failing to cooperate with a disabled employee to determine whether they need a reasonable accommodation and to explore available options. A new California Court of Appeal decision provides more detail on how you and the disabled employee […]