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Benefits: DOL Issues Final Rules on COBRA Notice Requirements

Employees whose group health coverage terminates may have COBRA continuation rights to coverage in certain circumstances. Now the U.S. Department of Labor (DOL) has released its final rules on notice requirements under COBRA, which covers employers with 50 or more employees. Because the final rules differ in some respects from the proposed rules, it’s a […]

Workers’ Compensation: Sweeping New Law Promises Major Changes; Rate Cuts May Be Just Around The Corner

As we reported last month, the California Legislature enacted a sweeping overhaul of the state’s 91-year-old system for compensating workers injured on the job—and Gov. Schwarzenegger quickly signed the workers’ compensation legislation, S.B. 899, which took effect immediately. Employers should soon see savings from the new reforms. The Workers’ Compensation Insurance Rating Bureau has proposed […]

Unions: Workers’ Weingarten Rights Are Expanded; What You Need to Know About Representation During Investigations

Under the U.S. Supreme Court’s 1975 Weingarten rule, employees have the right to have a union representative present at any investigatory meeting they reasonably believe could result in disciplinary action. In a 2001 case, the National Labor Relations Board (NLRB) further clarified employees’ Weingarten rights by ruling that employees have the right to a representative […]

Hiring Employees: EEOC Proposes Definition of Applicant for E-Cruiting Purposes; Part 2: How to Standardize Your Application Procedures and Retain the Right Records

As we reported last month, the Equal Employment Opportunity Commission (EEOC) is tackling a vexing problem that’s a sign of the times—defining who, among all those who contact you over the Internet or via other electronic technology about work, is a true job applicant for purposes of complying with your federal recordkeeping requirements. The EEOC, […]

Workplace Safety: Keeping Workers Safe from Summertime Hazards

Summer is near, and with it comes additional workplace hazards, especially for employees who work outdoors in the California sun. High heat and bright sun create special risks—including heat exhaustion, heat stroke, and sun-related skin damage—for outdoor workers. Certain insect-borne illnesses such as Lyme disease and West Nile virus are more prevalent in the summer […]

Disability Discrimination: Long-Running Case Involving Refusal to Rehire Recovering Addict Demonstrates How Questionable Decision Continues to Haunt Company

Nearly two years ago, we began reporting on a lawsuit involving Hughes Missile Systems’ decision not to rehire an employee terminated for reporting to work under the influence. The question of whether the decision violated the Americans with Disabilities Act (ADA) went to the U.S. Supreme Court, which sent the case back to the Ninth […]

Sexual Harassment: ‘Friends’ TV Show’s ‘Creative Necessity’ Defense to Harassment Claim Proceeds to Jury; 3 Tips to Keep You Out of Court

When courts evaluate harassment claims, they take into account that work environments differ. But in a new case, a California appellate court has said a defense that sexual banter was necessary to the employer’s creative process won’t keep the employer from facing a jury.

News Notes: Assembly Proposes Higher Fines For Gender-Based Pay Discrimination

The California Assembly has approved a bill, A.B. 2317, that would hike the penalties for employers who violate the state’s prohibition against gender bias in pay for employees who perform jobs of equal skill, effort, and responsibility. Under the current law, employees who suffer pay discrimination can sue to recover the wage differential plus an […]

News Notes: EEOC Approves Proposal To Exempt Retiree Health Plans From Age Bias Rules

The Equal Employment Opportunity Commission has approved a rule that would allow employers to reduce or cut retiree health benefits once a retiree becomes eligible for Medicare or a comparable state-sponsored health benefit—without violating the Age Discrimination in Employment Act. According to the U.S. General Accounting Office, 10 million retired employees age 55 and over […]