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News Notes: Disability Retirement Can Be A Constructive Discharge

A California appeals court has given the green light to a California State University employee’s constructive discharge suit—even though she technically didn’t quit her job but rather took a disability retirement. The employee claimed that after she blew the whistle on alleged misappropriation of public funds, she was subjected to a pattern of harassment that […]

News Bulletin: April 2003

Final countdown for HIPAA privacy compliance. Medical information privacy rules under the Health Insurance Portability and Accountability Act (HIPAA) take effect April 14, 2003, for all covered entities other than small health plans, which have an additional year to comply. Under the rules, health plans won’t be able to disclose certain individual health information to […]

E-Alert Item: Exempt Employees: Government Proposes New Rules for Determining Who’s Exempt from Overtime

For the first time in over 25 years, the U.S. Department of Labor has issued proposed rules overhauling the system for determining which employees are exempt from overtime under the federal Fair Labor Standards Act. The proposed rules change the types of job duties workers must perform to qualify for exemption from overtime as well […]

E-Alert Item: Workers’ Compensation: Rates May Be Headed Up Yet Again

In what could be another economic blow to California employers, the actuarial committee of the Workers’ Compensation Insurance Ratings Bureau is recommending a midyear increase of 11 percent to the pure premium rate. This recommendation follows on the heels of 10.5 percent increase that took effect on January 1, 2003. Note that the pure premium […]

E-Alert Item: National Origin Discrimination: Muslim Workers to Receive $1.1 Million Settlement

The U.S. Equal Employment Opportunity Commission has announced a $1.1 million settlement of a lawsuit charging that four Muslim employees of Stockton Steel, a subsidiary of Herrick Corp. based in Pleasanton, were harassed based on their religion and ethnicity. The Pakistani-American workers charged they were ridiculed at work during their daily prayers, chided about their […]

E-Alert Item: Employee Records: Government Cuts Back on Number of Social Security “No-Match” Letters to Be Sent This Year

When an employee’s name or Social Security number differs from information in the Social Security Administration’s records, the agency sends out a “no-match” letter to notify the employer of the discrepancy. In a change from past years, the agency plans to send no-match letters only if an employer has more than 10 employees with mismatched […]

Privacy: Identity Theft on the Rise; How You Can Prevent It in Your Workplace

Last year, a computer hacker broke into the Rancho Cordova-based Stephen P. Teale Data Center, a California personnel database. The hacker gained access to the names, Social Security numbers, and payroll information of over 200,000 state government employees. Unfortunately, this wasn’t an isolated occurrence—identity theft incidents are making the headlines almost daily.

Health and Safety: The Basics of Cal/OSHA Injury Reporting

Most employers know you have to immediately report fatalities or certain serious injuries and illnesses to Cal/OSHA, the state agency that oversees workplace health and safety. But do you know exactly how long you have to report an incident? What information you have to give Cal/OSHA? Or even what phone number to call? It’s critical […]

Disciplinary Meetings: New Ruling Sheds Light on When Employees Are Entitled to Union Representation

A union worker is about to be called into a monthly performance meeting. He asks if he needs union representation, and you say no. Then, because of something that occurs during the meeting, you terminate him. Were you wrong not to put off the meeting until he had representation? We’ll review a recent National Labor […]