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Contracts that bar employees from working for competitors after they leave your company are unenforceable under California law in most cases. And now such provisions pose an even bigger problem for employers. That’s because a Court of Appeal has recently ruled that you can be sued for insisting employees sign a noncompete agreement as a […]
In the eleventh hour of the Clinton administration, the federal Occupational Safety and Health Administration issued a spate of new regulations. These include a new form replacing the OSHA 200 injury and illness log and new rules for recording workplace injuries. The new form and rules are scheduled to take effect next year. However, President […]
Last year Gov. Davis vetoed a bill to increase workers’ comp benefits. But, as expected, the issue has already emerged in a new bill, S.B. 71, that calls for a study to make recommendations for boosting benefits and implementing other workers’ comp reforms. Employer proposals include reducing permanent disability payments when an employee returns […]
A new Department of Labor study reveals that employers are generally less positive about the Family and Medical Leave Act than their employees. Although a majority of employers reported that the FMLA is easy to administer, the figure dropped sharply from 85% in 1995 to 63% in 2000. More employers in 2000 than in 1995 […]
The U.S. Department of Transportation has implemented several changes in drug and alcohol testing regulations that impact transportation employees in safety-sensitive positions, such as bus drivers, railroad workers, airline mechanics and flight crews. The most important changes involve validity testing, which is designed to detect samples that have been tampered with or substituted. To ensure […]
The Equal Employment Opportunity Commission has ruled in two separate cases that it is illegal to exclude coverage for contraceptive prescriptions in an employer-provided health plan that also covers a wide variety of other preventative services, including vaccinations, preventative dental care and surgical sterilization. Prior to these rulings, the issue of whether excluding female contraceptives […]
New rules under the Health Insurance Portability and Accountability Act will limit access to medical records maintained by health care providers, health plan insurers and other health care clearing houses. Under the new rules, a patient’s written consent is required for routine disclosure or use of health information for any purpose other than treatment and […]
In a recent meeting with President Vicente Fox of Mexico, a delegation of American senators led by Senator Phil Gramm (R-Texas) pledged to initiate a new guest worker program that would bring Mexican workers into the U.S. and effectively grant amnesty to as many as 7 million Mexicans currently working here illegally. According to Gramm, […]
Under strict new rules adopted last year by the state Industrial Welfare Commission, you may be liable for a penalty of an additional hour’s pay for each day that you fail to provide a nonexempt employee with a required meal break, unless they’ve consented in writing to an on-duty meal period. Now three former employees […]
The Equal Employment Opportunity Commission has stepped in to file a lawsuit accusing Catholic Charities of firing an African-American case manager after he complained about racially offensive treatment. Keith Bogard claimed that because of his race he was given undesirable assignments at a Catholic Charities group home in San Francisco. He also charged that staff […]