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Wage And Hour: Managers Can Be Personally Liable For Unpaid Wages

As the economy continues to slide, some employers try almost anything in a struggle to avoid closing up shop. But if a shutdown or bankruptcy does occur, they risk not being able to cut final paychecks. Now a new and timely opinion letter from the California Department of Labor Standards Enforcement, the Labor Commissioner’s enforcement […]

Employee Benefits: New Health Care Privacy Rules Released; How To Get Ready Now

After being flooded with more than 11,000 comments from the public about proposed changes to federal health care privacy rules, the government has now released new privacy regulations under the Health Insurance Portability and Accountability Act (HIPAA). Generally, the new rules require health plans and providers to take steps to safeguard an individual’s PHI, or […]

Exempt Employees: New Case Looks At Administrative Exemption From Overtime

Misclassifying an employee as exempt from overtime can cost employers potentially huge payouts of past overtime. Last year alone, the federal Department of Labor ordered employers to pay $134 million in back wages to misclassified employees. And that doesn’t count court judgments. Now a new Ninth Circuit Court of Appeals decision may cause you to […]

Family And Medical Leave: Mistake In FMLA Notice Permits Ineligible Employee To Take Leave; How To Avoid Similar Errors

Mix-ups with leave-related paperwork can bring on expensive headaches, as one employer recently discovered. Sam Duty, a mechanic and welder at Norton-Alcoa Proppants, injured his neck at work and took seven months of medical leave. But eventually a dispute erupted when it turned out that an error in the company’s FMLA paperwork gave Duty more […]

Workplace Discrimination: Ninth Circuit Makes It Easier For Employees To Sue When Employer Had Discriminatory–And Legitimate–Reasons For Discipline

Because of an important new Ninth Circuit Court of Appeals ruling, employers may now have an uphill battle to fight when faced with allegations that discrimination was one factor—even if not the only factor—in an adverse employment decision such as a termination. We’ll explain what this is about and suggest ways you can avoid this […]

News Notes: New Ergonomic Guidelines Available For Comment

OSHA has developed the first draft set of industry-specific ergonomic guidelines—Guidelines for Nursing Homes—as part of its comprehensive plan to reduce workplace ergonomic injuries. The guidelines address management practices, worksite analysis and control methods, and include examples of best practices in the nursing home industry.

News Notes: Big Defamation Award Against Union Tossed Out

The federal Ninth Circuit Court of Appeals has overturned a nearly $1 million award to a dry cleaning firm and its owner for allegedly defamatory statements made by a union during a collective bargaining dispute. While meeting to discuss ongoing wage negotiations, the union president informed union members that the company president was hiding money […]

News Notes: Study Finds No Increase In Workers Covered By Health Insurance

Despite the prosperity of the late 1990s, the number of workers covered by employer-sponsored health care insurance did not grow. The Center for Studying Health System Change found about three-quarters of people under age 65 were covered by employer-sponsored health care in 2001, the same as in 1997. In 2001, 75.6 percent of workers had […]

News Notes: Employer Not Responsible For Sexual Assault Of Student

A California Court of Appeal has thrown out a jury award against an employer accused of negligently allowing a teacher’s aide to repeatedly sexually assault an 11-year-old emotionally disturbed student. The court said the employee’s acts were personal and had no purpose connected to his employment. The court noted that for the employer to be […]