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401(K) Cashouts a Popular Choice for Departing Workers

A new study by HR consulting firm Hewitt Associates shows that many workers cash out their 401(k) plans when they leave their jobs. The study, which looked at nearly 200,000 workers with 401(k) plans, found that 45 percent elected to take a cash distribution when departing, while the remainder either kept their savings in their […]

Top U.S. Court Takes Case to Resolve Limits on Health Plan Recoveries

The U.S. Supreme Court agreed on June 25 to decide whether an employee health plan is subject to equitable limits when it demands reimbursement of benefits paid to care for a covered employee who also recovers money from third parties. A 2011 ruling on this issue by the 3rd U.S. Circuit Court of Appeals troubled […]

New Avian Flu Planning Guidance from OSHA

The U.S. Occupational Safety and Health Administration (OSHA) has released comprehensive new guidance for employers on how to prepare for an avian flu outbreak. The new guidance, which OSHA developed in conjunction with the Department of Health and Human Services, provides guidance for all types of workplaces, describes the differences between seasonal, avian, and pandemic […]

News Notes: High Court Strikes Down NLRB Standard For Employers Suing Unions

The U.S. Supreme Court has ruled that the National Labor Relations Board erred when it found BE&K Construction Co. guilty of unfair labor practices for suing several unions to stop their campaign against the company. BE&K sued after the unions picketed and distributed leaflets to force the company to build a power plant using only […]

News Bulletin: Employment-Related Cases Before State High Court

Cases coming before justices during the 2004-2005 term that could affect your workplace include Smith v. City of Jackson, which raises the question of whether the federal Age Discrimination in Employment Act recognizes disparate impact age bias claims, as opposed to claims of intentional age bias; and Commissioner of Internal Revenue v. Banks, which questions […]

News Flash: Court Rebuffs Temps’ Claim For Benefits

A federal court in California has thrown out a lawsuit we mentioned in the August 1999 issue of California Employer Advisor, which was filed by long-term temps contending that, even though they were paid by employee-leasing agencies, they should be considered regular Atlantic Richfield Co. employees entitled to receive benefits. The temps sought retirement benefits, […]

Domestic Partners: New Legislation Expands Workplace Rights, Benefits; Review Your Employee Handbook

Two new bills extending the rights and benefits provided to spouses to domestic partners were recently signed into law. We’ll take a look at the new laws. State Contractors Can’t Discriminate Under AB 17, certain state contractors have to provide employee benefits for registered domestic partners on the same basis as they do for spouses. […]

News Notes: Ninth Circuit Says Title VII Claims May Be Arbitrated

  Several years ago, the federal Ninth Circuit Court of Appeals ruled that mandatory arbitration agreements are unenforceable for discrimination claims brought under Title VII, the federal anti-bias law. But the court has now called this ruling into question. In a new case, the court found that Circuit City employee Monir Najd had to arbitrate […]

It’s Misconception: The Poor Economy Didn’t Make Hiring Any Easier

There may be a tendency for your hiring managers, and even HR recruiting professionals, to take a more relaxed attitude toward the hiring process in view of the current state of the employment market and the fact that many people are out of work. Thinking that they have more time to make decisions, employment recruiters […]