Archives

Duty to Defend Workers: Paying Accused Employee’s Attorney’s Fees Doesn’t Show Employer Approved of Misconduct

Footing the bill for competent counsel to represent an employee accused of misconduct can be a wise financial decision, depending on the circumstances. And as a recent California appellate case illustrates, your payments cannot be used against you to hold your organization liable for the alleged wrongful act. We’ll explain the new decision and when […]

Safe-Driving Checklist: July 2004

  Obey The Law Observe speed limits. Obey traffic signs and signals. Pass other vehicles only on the left. Signal before changing lanes. Never pass a stopped school bus. Yield to drivers who have right-of-way. Never drive under the influence of alcohol or drugs. Use your seat belt.

Retirement Benefits: Keeping it SIMPLE; Learn All About This IRA Plan for Small Employers

A SIMPLE IRA Plan Savings Incentive Match Plan for Employees of Small Employers allows employees and employers to contribute to individual employee retirement accounts. As the name implies, it’s a simplified plan geared toward small employers, which means it’s relatively easy to set up and operate, with lower administrative costs than for more complicated types […]

News Notes: Jury Awards In Employment Lawsuits Skyrocket In 2003

The national median jury award in employment-practice liability cases, which includes discrimination and wrongful termination claims, rose 18 percent in 2003 to $250,000, according to a new report from Jury Verdict Research. At the same time, the compensatory award median for discrimination cases—including age, race, disability, and sex bias—fell slightly by 2 percent to $232,322. […]

News Notes: Employer Can’t Offset Paid Lunch Break Against Overtime Pay

  Michael Ballaris filed a class action lawsuit claiming that his employer, Wacker Siltronic Corp. in Oregon, improperly subtracted “paid lunch” time payments from weekly overtime compensation. Wacker claimed the deductions were permissible because it wasn’t required to pay employees for their lunch period in the first place. But the Ninth Circuit Court of Appeal, […]

News Notes: Public Employers Have Flexibility In Granting Comp-Time-Off Requests

  The Ninth Circuit Court of Appeal has ruled that the federal Fair Labor Standards Act (FLSA) permits government employers a reasonable time of up to one year to grant an employee’s request to use accrued compensatory time off. The court held that the FLSA grants government agencies flexibility in scheduling compensatory time off and […]

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 […]