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Negligent Hiring: Court Says You Can Be Sued For On-The-Job Injuries To An Independent Contractor’s Employees; 4 Key Steps To Take

Suppose an employee for a contractor you’ve hired gets injured on the job. Typically, the employee’s only recourse is to seek workers’ comp benefits from the contractor. But a new California Court of Appeal ruling exposes a problem that you might not expect when using independent contractors: You can be sued if the contractor’s employee […]

Rule on Reform’s Reinsurance Fee Clarifies Payments for Health Plans

Employer-sponsored plans that are secondary to Medicare are not subject to health reform’s expensive transitional reinsurance fee, nor are health flexible spending arrangements, health savings accounts and most health reimbursement arrangements. On March 11, 2013, the U.S. Department of Health and Human Services published its final regulation on the transitional reinsurance fee, which takes effect […]

Computers: Ninth Circuit Reconsiders Computer Privacy Ruling; the Importance of Having a Monitoring Policy

Last year, the U.S. Ninth Circuit Court of Appeals, which covers California, ruled that employees cannot expect privacy when using workplace computers if their employer has an electronic monitoring policy in place. But now, the Ninth Circuit has revisited that ruling—this time finding that the employee indeed had an expectation of privacy for the computer […]

Employment Law Tip: Preventing Heat Illness

In many parts of California, the temperatures are heating up, which means it’s a good time to take a look at your workplace practices to make sure employees who work under the summer sun are safe—and that you’re complying with Cal/OSHA’s heat illness regulation.

E-Alert Item: Family Leave: Employee Wins Half-Million-Dollar Award

Kim Pesky, a marketer for Stamford, Conn.-based Cendant Corp., took time off under state and federal family leave laws to care for her new baby. The project she was working on at the time her family leave began was purchased by another company, so the job she had left in effect no longer existed. Management […]

DOMA Decision Creates Retirement Plan Challenges

The U.S. Supreme Court issued two highly anticipated rulings related to same-sex marriage on June 26 that essentially placed matters of marriage back with the states.  This has a direct impact on retirement plans. First, the Court held that Section 3 of the federal Defense of Marriage Act is unconstitutional based on the equal protection […]

Delaware Expands Antidiscrimination Protection in State Government Workplaces

Delaware Governor Jack Markell has signed an executive order that broadens the scope of discrimination protection in state government workplaces. Specifically, the order prohibits discrimination based on gender identity or expression and extends discrimination protection to all military veterans (instead of just Vietnam War veterans). While discussing the executive order and his administration’s commitment to […]