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A California Court of Appeal has thrown out a jury award against an employer accused of negligently allowing a teacher’s aide to repeatedly sexually assault an 11-year-old emotionally disturbed student. The court said the employee’s acts were personal and had no purpose connected to his employment. The court noted that for the employer to be […]
On July 1, 2007, new rules take effect regarding group health plan compliance with the nondiscrimination provisions of the Health Insurance Portability and Accountability Act (HIPAA) and wellness programs in particular. The rules are effective on the first day of the plan year beginning on or after July 1, 2007. For calendar year plans, the […]
After Daniel Huffman, a sales manager in Pomona for Interstate Brands Co. (IBC), was demoted, he sued for age bias and emotional distress arising from a knee injury incurred in the new job, which required him to perform heavy physical work. A trial court awarded him $2 million for emotional distress from the knee […]
The U.S. Equal Employment Opportunity Commission has reported that workplace discrimination complaints filed by employees in the private sector were up 4.5% in 2002, to the highest level in seven years. The types of bias complaints that saw the greatest increases were those based on religion (up 21% over 2001 figures), age (up 14.5%), and […]
With part of the allowed data collection window already closed, have you begun preparing for the new EEO-1 report due September 30? Here’s Part 1 of a 2-part article on what you need to know and need to do to comply. It must feel like Times Square on New Year’s Eve down at the U.S. […]
Several years ago, the California Supreme Court ruled that under the County Employees’ Retirement Law, counties have to include all types of monetary compensation-such as cash payments for bilingual premium pay, a uniform allowance, or cashed-out accrued vacation-when determining the amount on which an employee’s pension will be based.But some plan members took their counties […]
By agreeing to review the case of Pennsylvania State Police v. Nancy Drew Suders, the Supreme Court will now determine whether employers will face the same liability in these situations as they do for supervisor harassment. We’ll keep an eye on the court and give you a thorough analysis of its decision when it becomes […]
The U.S. Occupational Safety and Health Administration (OSHA) has unveiled new guidance for healthcare workers and their employers on preparing for and responding to a pandemic flu, such as the avian influenza. Avian influenza—also known as bird flu—is caused by a virus that attacks wild birds and domestic poultry. A dangerous strain is rapidly infecting […]
U.S. Bank has agreed to pay $3.8 million to “personalbankers” in several states, including California, who were improperly classified asexempt from the overtime laws. The personal bankers’ job duties included creating newbanking relationships, opening accounts and selling banking services. U.S. Bank contendedthat the workers qualified for the administrative exemption to the overtime laws becausethey were […]