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A new Ninth Circuit Court of Appeal ruling highlights recordkeeping requirements for employee benefit plans under ERISA, the federal law regulating benefit plans, and the con-sequences for employers who don’t follow these rules.
Over the last several years, many employers have converted their traditional pension plans to cash balance plans. But according to two recent federal court decisions, these cash balance arrangements may violate the Employee Retirement Income Security Act, (ERISA), the federal law regulating employee benefits.
At Earl Scheib Inc. of California, an automotive paint shop chain, most sales transactions are in cash, and only shop managers are authorized to handle cash. If there’s an unresolved discrepancy between the shop’s bank deposit records and cash transactions, the manager is asked to sign an “acknowledgment of reimbursement” agreeing to reimburse the company […]
A San Diego trial court has awarded $135,838-including a whopping $88,360 in attorney’s fees-to an employee of ATC Distribution Group Inc. who claimed he was improperly denied overtime while working as an assistant manager and interim manager. The employee, who typically worked more than eight hours a day, charged he was misclassified as exempt from […]
The Ninth Circuit Court of Appeals, which covers California, has issued another in a string of rulings invalidating mandatory arbitration agreements used by electronics retailer Circuit City. In the latest case, Circuit City employee Paul Mantor claimed the company indicated to employees that they risked their future with the retailer if they chose not to […]
Following a 113-day trial, a San Francisco judge threw out a $1.1 billion class-action lawsuit charging State Compensation Insurance Fund, the state’s largest workers’ comp insurer, with unfair claims reserving and business practices. The suit alleged that from 1989 to 1995, State Fund maintained an illegal claims reserving standard, overcharging its policyholders. The judge’s written […]
United Parcel Service will pay $9.9 million to settle a lawsuit filed in a San Francisco federal court charging that it violated state and federal disability bias laws by discriminating against deaf employees and applicants. The suit charged that deaf workers weren’t given accommodations, such as interpreters for important workplace meetings, and were denied promotions. […]
When business demands send employees around the world, employers face a range of unique safety concerns—political unrest, illnesses such as SARS, and even unfamiliar local customs. And as an employer, you’re expected to extend your umbrella of care as far as your employees go. Although it’s impossible to plan for all possible contingencies, here’s a […]
In a new opinion, the California Supreme Court has made it more difficult for employees to prove they were discriminated against for filing a workers’ comp claim. We’ll explain the court’s ruling.
Caesars Palace in Las Vegas employed Catharina Costa as a warehouse worker and heavy-equipment operator. She was the only woman in this job and in her local Team- sters bargaining unit. Eventually, Costa was fired after an altercation with a male co-worker.When Costa sued for sex discrimination, Caesars contended her termination stemmed from Costa’s lengthy […]