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by Richard E. Johnston In Canada, benefit plans are subject to legislation related to income tax, human rights, and employment standards. However, there is little specific regulation of benefit plans other than pension plans. A key exception is the provision of long-term disability benefits that are not funded under an insurance contract—at least for federally […]
The federal Transportation Department’s announcement banning texting by drivers of commercial vehicles is sure to make employers think twice about their policies even if they don’t have trucks or buses on the road. U.S. Transportation Secretary Ray LaHood made the announcement January 26 that an interpretation of standing rules prohibits texting by drivers of commercial […]
By Heather Knox The Equal Employment Opportunity Commission (EEOC), the federal agency that interprets and enforces employment discrimination laws, recently considered whether Title VII of the Civil Rights Act of 1964 protects transgender employees from workplace discrimination. The case involved an employee who claimed she wasn’t hired by the Bureau of Alcohol, Tobacco, Firearms and […]
By Jason Lacey Foulston Siefkin LLP The legal underpinnings of the U.S. Supreme Court’s decision on healthcare reform are complex, but the bottom line is very clear for employers: Nothing has changed. The law that went into effect March 23, 2010 (the Affordable Care Act, or ACA), and has been in effect ever since, remains […]
In a long-awaited decision, the California Supreme Court has unanimously held that California-based employers must pay overtime to certain nonresident employees who spend time working full days or weeks in the state – and that the failure to do so can provide the basis for a claim under the state unfair competition law (Sullivan v. […]
Federal agencies just issued new final rules for contingency-based wellness program goals under health reform. If employers offer to give a reward (such as discounted health insurance premiums) to workers who accomplish some kind of biometric goal (a contingency standard), then employers must have a standing “reasonable alternative” to the contingency-based standard, government officials told […]
One great way to understand the importance of a casually written e-mail is to think about how the jury will see it, says attorney Allison West. “In court, it will be blown up to the size of New Jersey,” she says. Yesterday’s Advisor presented West’s tips for bulletproof documentation; today we’ll look at more of […]
Walt Disney Co. will pay $2 million to settle a race discrimination lawsuit brought by a former employee of KLOS-FM, a Disney-owned radio station in Los Angeles. The suit followed a radio promotion in which “Black Hoes”—black, plastic gardening tools—were given away as gag prizes. Judy Goodwin, a former African-American employee, claimed she suffered daily […]
A newly introduced bill would require the U.S. Department of Labor to follow a rule it wants to impose on federal contractors. DOL’s Office of Federal Contract Compliance Programs is in the final stages of a rulemaking that would require federal contractors to aim to have workers with disabilities make up 7 percent of their […]
Have you asked your doctor or dentist to see his fee schedule? When I did so once, a dentist refused, saying in effect: “my prices are higher, but that’s what you need to get my quality advantage.” What’s a consumer to do? A similar relation exists between large employers and institutional providers (hospitals.) The lack […]