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Federal DOMA Unconstitutional, First Circuit Says, But Doesn’t Disturb State Laws

Employers and plan administrators hoping clarity will soon dispel the confusing tangle of divergent laws governing same-sex marriage and how they must address it in their benefit plans and HR policies have longer to wait. The 1st U.S. Circuit Court of Appeals on May 31 issued a ruling in Commonwealth of Massachusetts v. U.S. Department […]

News Notes: Jury Awards $19 Million To Disabled Employee Fired For Absenteeism

A jury in Sacramento recently awarded a staggering $19 million—$15 million of it in punitive damages—to a McKesson Corp. employee who claimed her employer violated disability bias and family and medical leave laws. Charlene Roby allegedly was fired under the company’s no-fault absence policy after several unexcused absences because of a panic disorder. She also […]

Stock Forfeiture Case Now Before Supreme Court

In the March 2008 issue of CWHA, we reported that a California appeals court upheld an employee stock purchase plan that provided for the forfeiture of stock if the employee terminated before two years from the date the stock was acquired. Even though the stock was bought using employee compensation, the appeals court ruled that […]

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 […]

Bulletin Item: Ruling On Deductions From Employee Bonuses Stands

Earlier we reported on a California appeal court ruling challenging Ralph’s Grocery Co.’s practice of subtracting certain expenses—including the store’s workers’ compensation costs and cash and merchandise shortages—when calculating employee profit-based bonuses. Now the California Supreme Court has declined to review the appeal court ruling holding that the grocer’s practice violated various Labor Code and […]

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 […]

News Notes: Ninth Circuit Issues Pair Of Free Speech Rulings

The Ninth Circuit Court of Appeals has ruled that a public employee whose First Amendment rights are violated can sue even if the employee wasn’t terminated or disciplined—if an adverse employment action was taken that was reasonably likely to deter the employee from engaging in constitutionally protected speech. But in another case, the same court gave […]

News Notes: Employees Win Big Damages for Meal Period Violations

If employees are free to do what they wish during a lunch or other meal break, the general rule is you don’t have to pay them for that time. But what if they’re required to remain on company premises? In two recent cases, employees who weren’t permitted to leave during meal periods have won big […]

E-Alert Item: Employment-Related Measures On Gov. Davis’ Desk

Now that Sacramento lawmakers have wrapped up the 2001-2002 legislative session, several employment-related measures sit on Gov. Davis’ desk, awaiting his signature or veto. Among the bills Davis is considering are measures that would establish a paid family leave program, prohibit mandatory arbitration, and create new penalties for health and safety violations.