Archives

Veterans: Jobs for Veterans Act Takes Effect This Year; What the Changes Mean to Federal Contractors

It’s time for federal contractors and subcontractors to prepare for changes that will affect their employment practices with respect to veterans. Late last year, President Bush signed into law the Jobs for Veterans Act (JVA), which makes significant changes to the Vietnam Era Veterans’ Readjustment Assis- tance Act of 1974 (VEVRAA) and goes into effect […]

News Notes: New HIPPA Enforcement Rule Issued

The U.S. Department of Health and Human Services recently published the first in a series of interim enforcement rules under the Health Insurance Portability and Accountability Act. The interim rule took effect May 19, 2003, and expires Sept. 16, 2003. It sets out procedures for conducting investigations and hearings and imposing civil penalties for violations […]

News Notes: Federal Labor Law Superseded Lawsuit Claiming Pay for Family Leave Time

Verizon employee Denise Harris was granted family and medical leave for a bad back. Under the union contract covering Harris’ employment, Verizon paid Harris sick pay benefits during the first part of her leave, but cut off her benefits when she didn’t provide a physician’s report confirming she couldn’t work. Harris sued, claiming the failure […]

News Notes: Trucker Safety Rules Revised

The U.S. Department of Transportation has issued revised rules regulating driving hours and rest periods for professional truckers. The rules, which take effect Jan. 4, 2004, will permit professional truck drivers to drive up to 11 hours during a 14-hour on-duty period, provided the trucker receives a 10-hour off-duty period following the shift. For short-haul […]

News Notes: Big Disability Verdict Over Physical Agility Test

A San Bernardino jury’s $1.45 million verdict for a disabled employee underscores the importance of making sure that physical agility tests actually measure the ability to perform essential job functions. Judy Tousignant was a part-time juvenile hall counselor for San Bernardino County for eight years. In a physical agility test required for promotion to a […]

News Notes: Binding Arbitration Legislation Struck Down

In 2000, Sacramento lawmakers enacted SB 402, requiring counties and other local agencies to submit, under certain circumstances, to binding arbitration of economic issues that arise during negotiations with unions representing firefighters or law enforcement officers. Now the California Supreme Court has struck down the law, ruling that it interferes with state constitution provisions giving […]

News Bulletin: FMLA Opinion Withdrawn

The Ninth Circuit Court recently withdrew its decision in Gradilla v. Ruskin Mfd. that held leave taken to accompany a spouse to a funeral was not protected family leave. The opinion was withdrawn at the request of the parties, which means employers can no longer rely on the decision. Continue watching California Employer Advisor for […]

News Bulletin: Pending Legislation Affecting Employers

The State Assembly recently passed a bill (AB196) that would prohibit employment discrimination based on perceived gender, which includes trans-gender individuals and those who do not fit gender stereotypes. In Washington, the House passed a bill (HR 100) that would permit employers to offer retirement investment advice to employees and require that employers provide plan […]

News Bulletin: Retail Grocery Store Draft Ergonomics Guidelines Available for Review

OSHA is seeking comments on its second set of draft ergonomics guidelines for the retail industry. The guidelines, published on May 9, include ways to implement ergonomic solutions, train employees, prepare injury reports, and evaluate progress. Another section provides preventive approaches that may be used by the industry, including recommendations for specific departments in grocery […]

Exempt Employees: Federal Government Proposes Overhaul of Who’s Exempt from Overtime, but California Rules Still Stricter

The U.S. Department of Labor recently published a proposal to update the 50-year-old Fair Labor Standards Act (FLSA) regulations defining white-collar exemptions. The new rules could take effect by the end of the year after a public comment and review process. But, as explained below, the changes probably won’t have much impact on California employers […]