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Facility Conundrum: Cut Costs, But Upgrade Workplace to Attract Talent
A More Flexible Contraceptive Mandate? Carve-outs for Religious Organizations Look Likely
After increasing hammering from conservatives, the White House looks like it is ready to compromise on health reform’s contraception mandate. The administration had included contraceptives and sterilization in its list of preventive services all (except the few grandfathered) plans must cover starting plan years in August 2012. It had offered a year-long delay to religious […]
DOL Extends Comment Period on Proposed Domestic Caregiver FLSA Exemption
Today the Labor Department extended the comment period for proposed changes to the Fair Labor Standards exemption for domestic caregivers. To date the agency has already received a flood of comments on the proposed regulation which would remove domestic caregivers from the Fair Labor Standards Act’s current exemption from minimum wage and overtime pay. Currently, the FLSA provides […]
Claims Adjusters Don’t Qualify for Overtime Exemption
Liberty Mutual’s claims adjusters investigated and estimated claims, made coverage determinations, negotiated settlements, and identified potential fraud. The claims adjusters sued the insurer for back overtime pay, claiming they were misclassified as exempt administrative employees. A California appeals court has now ruled in the employees’ favor, finding that they didn’t qualify for the administrative overtime […]
News Notes: More Employers Having Difficulty Administering Family Leave
A new Department of Labor study reveals that employers are generally less positive about the Family and Medical Leave Act than their employees. Although a majority of employers reported that the FMLA is easy to administer, the figure dropped sharply from 85% in 1995 to 63% in 2000. More employers in 2000 than in 1995 […]
Resort Hit With Lawsuit Over Withholding Practice
Bulletin Item: Sacramento Legislators Pass Measure To Repeal Workers’ Comp Reform
By a vote of 5 to 1, the California Senate Committee on Labor and Industrial Relations has approved a new bill, SBX4 1, to repeal the recent workers’ compensation reform measures (AB 227 and SB 228) set to take effect Jan. 1, 2004. The repeal measure will now go before the Senate Appropriations Committee.
Race Discrimination: $1 Million Settlement In School Superintendent Termination
A 52-year-old white public school superintendent in the Los Angeles County area who claimed he was illegally fired by a newly elected Latino majority school board will be paid $1 million in a confidential settlement to resolve his lawsuit. The superintendent alleged that the new school board president ordered him to terminate a number of […]
Decisionmaking in Employer Pension Plans
By Lyne Duhaime and Ross Gascho If your company is both the sponsor and administrator of a pension plan in a Canadian province other than Quebec, you should take note of the recent Ontario Court of Appeal decision in Re Indalex. Although the case deals with competing claims in insolvency and deficits in wound up […]