Category: Uncategorized

Oops! One way or another these articles never got properly categorized.

News Notes: New Law Expands Right To Time Off For Court Appearances

A new measure signed by Governor Davis expands existing law that permits employees to take unpaid time off from work to serve on a jury or act as a witness. The new law specifies that an employee who is a victim of domestic violence or other crimes may also take time off to attend court […]

Severance Programs: ERISA Traps For The Unwary

Your voluntary separation incentive plan may involve even more paperwork and expenses than you think. According to a new federal government opinion, severance programs that aren’t directly linked to retirement can still be considered pension plans covered by detailed ERISA compliance requirements. 400+ pages of state-specific, easy-read reference materials at your fingertips—fully updated! Check out […]

Accommodating Disabilities: Extra Effort To Accommodate Worker Wins Case For Employer

Lucky Stores faced a typical problem. An employee who was injured on the job wanted to return to work even though his doctors had imposed restrictions on his duties. The supermarket carefully considered the employee’s work limitations, extended his disability leave more than once and eventually offered him a part-time job he was qualified to […]

News Notes: Health Care Costs Expected To Jump In 1999-2000

Health care premiums are predicted to rise as much as 12% in the coming 12 months, according to a new survey by the human resource consulting firm Buck Consultants. Although managed care has come under attack recently for failing to live up to its promise of keeping health care costs in check, health maintenance organizations […]

ADA Accommodations: “100% Healed” Return-To-Work Policies Ruled Illegal

If you require a disabled employee to be completely recovered before returning to work, it’s important to reconsider that policy in light of the Ninth Circuit’s recent ruling involving Amtrak (see above). In the case, a disabled ticket agent who could no longer perform her job claimed that her supervisor wouldn’t allow her to bid […]

Reassigning Disabled Employees: New Cases Highlight When You’re Obligated-And When You’re Not; A Road Map To Follow

What if an employee becomes disabled and there’s no reasonable accommodation that would enable the person to keep working in their existing position? In this relatively common situation, according to two recent Americans with Disabilities Act cases, you may have to find the worker a new job. We’ll look at these decisions and give you […]

Disabled Workers: High Court Says Employees Can Make Inconsistent Statements About Disabilities; Impact On Employers

Can workers who swear to be totally disabled on an application for Social Security benefits turn around and sue you under the Americans With Disabilities Act (ADA), contending they’re qualified to work despite their disability claim? Two recent court decisions – one from the United States Supreme Court and the other involving a Northern California […]

Equal Pay: New Case Spells Out When Pay Differences Can Be Legal

If equal pay issues aren’t visible on your radar screen, they should be. That’s because both the government and disgruntled employees continue to target employers who violate equal pay laws. Congress is actively debating a bill that would strengthen federal equal pay rules (see the Special Supplement on pending legislation in this month’s Bulletin). And […]

Americans With Disabilities Act: Historic Supreme Court Ruling Limits Liability For ‘Correctable’ Disabilities

A number of cases in recent years have raised the thorny issue of whether the Americans With Disabilities Act protects workers whose disabilities don’t necessarily affect them at work because they take medication or use corrective devices. Now, in a trio of important new decisions, the U.S. Supreme Court has overturned the Equal Employment Opportunity […]