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Ernie Ruiz, a driver for Sysco Food Services of San Diego, was accused by a co-worker of brandishing a knife in an argument over a jacket. Ruiz was sent home, Sysco employees called police, and the next day, Ruiz—who denied the accusations—was terminated for violent and threatening conduct. He sued for defamation arising out […]
Honda of America Manufacturing Inc. violated the federal Family and Medical Leave Act (FMLA) by delaying an employee’s reinstatement for one month following the employee’s notification that she was ready to return from a medical leave. A federal appeals court said that under the FMLA, job restoration must occur once the employee is capable […]
A plan to streamline and strengthen enforcement of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), has been signed by U.S. Labor Secretary Elaine Chao and Attorney General John Ashcroft. The document delegates the Department of Labor’s USERRA responsibilities to the Veterans’ Employment Solicitor, and the Attorney General’s USERRA responsibilities to the […]
The state Supreme Court has left in place a ruling that forces some church-backed institutions—such as hospitals and charity organizations—to pay for workers’ contraceptive health insurance benefits. Justices turned down an appeal from a Roman Catholic organization asking the court to overturn a requirement that employers who offer prescription benefits to employees also must cover […]
Pension and welfare benefit plans are generally required to file a yearly return report, which can usually be completed by using the 5500 form that is updated each year. This is an important compliance and research tool for the DOL, and part of ERISA reporting and disclosure rules. For the 2004 form and more information, […]
Among the employment-related bills recently signed by the governor is one requiring that employers with 50 or more employees conduct sexual harassment training for supervisors every two years. A.B. 1825 goes into effect Jan. 1, 2006, and now is the time to begin preparing.
Cases coming before justices during the 2004-2005 term that could affect your workplace include Smith v. City of Jackson, which raises the question of whether the federal Age Discrimination in Employment Act recognizes disparate impact age bias claims, as opposed to claims of intentional age bias; and Commissioner of Internal Revenue v. Banks, which questions […]
Over the past several years, many employers have been blindsided by big class action lawsuits from employees who say they were misclassified as exempt from overtime and are owed millions in back pay. Farmers Insurance Exchange, Big Lots, and Electronics Boutique are just a few of the businesses hit by the suits. For a brief […]
One of the more controversial laws enacted in California last year was S.B. 2, the Health Insurance Act of 2003. The law requires many California businesses to either provide health coverage to part- and full-time employees or pay a fee into a state health coverage fund. The law is scheduled to be phased in beginning […]
A new California Supreme Court ruling sends a warning that if you lure away someone else’s employees by illegal or unfair methods—even at-will employees who are free to leave their jobs anyway—you could get hauled into court.