Tag: disability

Legislation Special Report: Workers’ Compensation

Delay Penalties and Utilization Review AB 1557 provides that an employee isn’t entitled to the usual 10 percent increase in workers’ compensation benefits for an unreasonable delay in providing medical treatment if the delay was necessary to complete the new utilization review process required of employers by the workers’ comp reform legislation (see below).

Workers’ Compensation: Governor Signs Reform Package, Employers to Soon See Savings

Gov. Davis has signed landmark legislation to reform California’s troubled workers’ compensation system and put a lid on the upward spiral in workers’ comp costs faced by California employers. And now, after having pored over the numbers, the Workers’ Compensation Insurance Rating Bureau (WCIRB) has recommended that the 12 percent pure premium rate increase scheduled […]

Disability Bias: Threat to Demote Disabled Employee Who Wouldn’t Relinquish Accommodation Illegal; Train Your Supervisors

A new Ninth Circuit Court of Appeal ruling highlights that you can’t threaten an employee with discipline, demotion, or discharge for exercising their rights under the Americans with Disabilities Act, including the right to an accommodation. Employee Taken Off “On-Call” Duty Brenda Brown was a Tucson, Ariz., police detective in the neighborhood crimes unit. When […]

Bulletin Item: More Legislation of Interest to Employers Awaiting the Governor’s Approval

In addition to the workers’ compensation bill discussed in this Bulletin, there are a number of other bills on Gov. Davis’s desk that could impact your employment practices. Here’s a quick summary of what they are: AB 1715 invalidates arbitration agreements affecting employment claims under the Fair Employment and Housing Act that are made a […]

Health Insurance: New Law Extends COBRA and Cal-COBRA Coverage; 3 Practical Compliance Steps

Under the federal COBRA law, employees and their dependents who lose health insurance coverage because they’re terminated or for other reasons and who work for employers with 20 or more employees are generally entitled to a temporary extension of healthcare benefits. This typically runs up to 18 months but can be 29 months for certain […]

News Notes: UPS Settles With Deaf Workers For Millions

United Parcel Service will pay $9.9 million to settle a lawsuit filed in a San Francisco federal court charging that it violated state and federal disability bias laws by discriminating against deaf employees and applicants. The suit charged that deaf workers weren’t given accommodations, such as interpreters for important workplace meetings, and were denied promotions. […]

News Notes: No Accomodation Required for Contractor’s Employee

Bernard Lopez was an employee of Applied Technology Associates (ATA), which provided contract computer services for the Navy. Lopez sued the Navy, charging that it violated the disability accommodation requirements of the Rehabilitation Act, which is similar to the Americans with Disabilities Act, when it turned down ATA’s request for a handicap parking permit for […]

Benefits: DOL Proposes Rules Clarifying COBRA Notice Requirements; What You Need to Know

For the first time since 1986, the U.S. Department of Labor has proposed new rules affecting the COBRA notice requirements. COBRA rules affect individuals’ rights to continue group health coverage under certain circumstances. For employers the consequences for not giving written notice in accordance with COBRA rules can be steep, including having to pay an […]

News Notes: Supreme Court Update

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. […]