Healthcare: Confusion Over Grandfather Provision and Dependents?
A longtime customer just asked us to clarify the rule on dependents up to age 26 under the new healthcare law. I thought our response might be helpful to others, too:
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Six Essential Tips for Running Background Checks in Canada
by Karen Sargeant former of McCarthy Tetrault You have found the perfect employee. Your intuition tells you the candidate is exactly what you’ve been looking for. But will she really be the perfect employee? Reference and background checks are a good way to ensure that you have the right person for the job, but they’re […]
News Notes: New Background Checking Tool Can Help Avoid Employee Ripoffs
Employers may soon be able to screen out applicants who have a history of stealing. A private database called TheftNet lists workers who have admitted or been convicted of workplace theft or shoplifting from participating employers. Although TheftNet is currently available only to very large companies, plans are under way to make the information accessible […]
News Notes: Disability Claim Payouts Reach Record Level
The federal government pulled in a record $49.9 million last year for employees who filed complaints under the Americans with Disabilities Act, an increase of $34 million over the last six years, according to recent Equal Employment Opportunity Commission statistics. Topping the list were HIV-related claims of $10.5 million, followed by orthopedic and back injuries […]
Declining Retirement Plans: Will There Be More Fiduciaries in the Future?
Plan sponsors who watched their retirement investments get buffeted by recent recessionary storms have had few ERISA remedies against broker dealers who led them to poor-performing funds. The sole recourse under ERISA for plan members was to sue the plan sponsor who relied on the advice, rather than against the professional financial expert who gave […]
Time to Terminate At-Will Disclaimers? No! Says Expert
In today’s we-want-to-be-the-employer-of-choice world, isn’t it counterintuitive to be telling each new employee, “We can fire you for any reason or no reason”? In the face of the numerous exceptions to employment-at-will status (see yesterday’s Advisor), why would any company bother with at-will statements? Even though it may seem wrong from a morale standpoint, and […]
Obama Signs Stimulus Package–New Requirements for HR
Both chambers of Congress have approved an economic stimulus package that includes a COBRA subsidy for laid-off workers and other HR-related provisions. President Barack Obama signed the legislation into law today.
News Notes: Employer Must Consider Reassigning Disabled Employee To Positions At Equivalent Pay Level
A recent ruling by the federal Ninth Circuit Court of Appeals helps clarify which positions disabled employees must be considered for when they can’t perform their present job. Rodney McLean was a postal clerk until his physical condition prevented him from performing his duties. Although he identified many vacant positions at the same pay level […]
News Bulletin: New CEA Board Member
We are pleased to welcome Shawna Swanson, the newest member of our Editorial Review Board. Ms. Swanson, a partner in the San Francisco office of Fenwick & West, has represented employers in litigation relating to harassment, wrongful termination, and employment discrimination. Ms. Swanson also provides advice to employers concerning personnel policies, wage and hour laws, […]
Employment Law Tip: What to Do When Employees Complain
An employee comes to you with a complaint of sexual harassment—or perhaps an allegation that a co-worker is violating company policy. Or maybe a worker reports that an expensive piece of equipment is dangerous and needs to be repaired. How you respond to these scenarios can make the crucial difference between a prompt resolution of […]