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The U.S. Supreme Court will decide whether age-neutral policies violate the Age Discrimination in Employment Act (ADEA) if they adversely impact older workers. The federal appeal courts are split as to whether “disparate impact” claims—which allege that a neutral policy or practice had an adverse, although unintentional, impact on a protected group—are permitted under the […]
The Treasury Department and the IRS have issued additional guidance on Health Savings Accounts, or HSAs, the recently authorized tax-exempt savings accounts employees can set up to pay medical expenses. For more information, go to the Treasury Department website.
The new law provides a short-term replacement for the current 30-year Treasury bond rate, which is currently used as the benchmark rate for pension funding liabilities. Some employers, unions, and workers expressed concerns about using the Treasury bond rate because it artificially inflates a plan’s funding liabilities. Congress enacted a temporary fix in March 2002 […]
Under the FASB’s proposal, all forms of share-based payments to employees, including stock options, would have to be reported as expenses on corporate financial statements. Current rules require that the fair value of stock options be disclosed only in financial statement footnotes. For more information, go to the FASB website.
Courts have long acknowledged the validity of reverse discrimination cases when gender or race is concerned. But the validity of a reverse age bias claim has been less clear. In particular, could a worker in the over-40 protected class bring an age discrimination lawsuit if an older employee was favored at work? According to a […]
In a decision that could be enormously costly for some California public employers, the state’s high court has ruled that long-term temps hired by the Metropolitan Water District of Southern California (MWD) through private temporary agencies may be eligible for full CalPERS retirement benefits. This opinion highlights the need for employers to be on high […]
Earlier we reported on the growing risks of toxic mold in the workplace. Now, a federal court ruling demonstrates how this health and safety problem can mushroom into complaints under the Americans with Disabilities Act. Employee Suspects Mold in Building While working for the city of San Antonio, Texas, Dorothy Burnley was diagnosed with a […]
Appliance installer Morton Wong injured his elbow while employed at Crown Appliance in Modesto. Wong claimed he always had a good working relationship with Crown’s owner, Mary Sanchez, but that things went downhill when he returned to work following the injury. Eventually, the Workers’ Compensation Appeals Board (WCAB) found that Crown illegally discriminated against Wong […]
Employers who turn to temporary agencies to supply workers often mistakenly assume they aren’t responsible for harassment or bias problems because the agency is the workers’ employer. But a new case underscores that both you and the temp agency can be held liable for discrimination involving a temp.
Years ago, the California Supreme Court opened the door for workers to bring high-stakes lawsuits claiming employers induced them to take jobs based on false promises about the position or the company’s health. Since then, employees have filed a steady stream of claims alleging employer fraud in the hiring process—and many have won multimillion-dollar verdicts. […]