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What Would Your Mother Say?

My mother is a wonderful woman. She’s a gentle, caring, nurturing person. When I was growing up, she instilled in me and my siblings a sense of how to treat others. My mother did this by example more than anything. She showed us how to treat others through her actions and words. She rarely, if […]

Four Arizona Ballot Measures of Interest to Employers

By Chris McFadden As a reminder, tomorrow will be your opportunity to make a difference in Arizona by heading to the polls! Four measures on the ballot may be of particular interest to employers. Proposition 113 (secret ballot): If passed, this measure would guarantee the right to vote by secret ballot in union representation elections. […]

Employees Can’t Sue for Unpaid Vacation Before It’s Earned

By now, most employers have at least heard that California prohibits “use it or lose it” vacation policies—meaning that once an employee earns vacation time, that time can’t be forfeited for any reason. But can an employer decide not to award vacation time right away to new employees? The answer is yes—according to a recent […]

Insurers Must Use Standard CMS Letters When Restoring Policies

Insurers may not modify or customize letters telling policyholders they can have their cheap health coverage back for one more year if it was cancelled due to health care reform. States may customize the letters, but only if the result is a letter that is more consumer protective and detailed than the federal template. That’s […]

Part of once-delayed ACA employer mandate takes effect January 1

by Douglas R. Chamberlain Employers got a reprieve in 2014 on a key mandate incorporated in the Affordable Care Act (ACA), but the new effective date for many employers is now set for January 1, 2015. The ACA generally provides that all employers with 50 or more employees who work 30 or more hours per […]

Disability Bias: Disability-Based Misconduct Is Part of Disability, Says Court

The U.S. Ninth Circuit Court of Appeals, which covers California, has released a controversial new opinion suggesting that the Americans with Disabilities Act protects misconduct stemming from a disability as part and parcel of the disability itself. The case involved Stephanie Gambini, an employee of Total Renal Care, Inc, who suffered from bipolar disorder. Gambini […]

Terminating Older Workers: New Regulations Clarify Rules For Waivers Of Age Bias Claims; Do Your Releases Pass The Test?

When you ask an employee 40 years old or over to sign a severance agreement that includes a release of potential age discrimination claims, there’s an array of strict requirements that must be met. For many employers, figuring out how to comply with these rules has been confusing-especially in cases of downsizing through group terminations […]

News Notes: Workers Lose Wage-and-Hour Retaliation Lawsuit

Six former ticket sales employees of the Seattle SuperSonics won more than $13 million in damages last year after being fired for complaining about overtime violations and retaliation. But now, the Ninth Circuit Court of Appeal, which covers California, has thrown out the retaliation claims. The court said the workers could not sue for retaliation […]

Employee Benefits: New EEOC Guidance Covers Benefit Differentials Based On Disability And Pregnancy, Part 2

The Equal Employment Opportunity Commission recently issued new guidelines explaining how federal employment discrimination laws apply to employee benefits. Last month we examined the rules regarding age discrimination. This month we look at the EEOC guidelines dealing with disability and pregnancy discrimination.

Americans with Disabilities Act: EEOC Issues New Fact Sheet Explaining When Telecommuting Is a Reasonable Accommodation

Many employers have discovered that successful telework arrangements can provide high levels of flexibility and employee satisfaction. And, as a new fact sheet from the U.S. Equal Employment Opportunity Commission points out, you may be required to consider telework as a reasonable accommodation for disabled employees. Modifying Telework Programs The Americans with Disabilities Act (ADA) […]