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In a unanimous decision favorable to employees, the U.S. Supreme Court recently ruled that individual 401(k) plan participants can sue plan administrators under the federal Employee Retirement Income Security Act (ERISA) for breach of fiduciary duty. James LaRue had initiated the lawsuit after his employer failed to follow his investment instructions, which he said resulted […]
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, […]
Earlier this year, we reported on a major California Supreme Court opinion that state anti-bias law doesn’t bar discrimination against older workers in providing fringe benefits such as tuition assistance. Now Gov. Davis has inked into law an amendment to California’s Fair Employment and Housing Act that undoes the high court’s ruling and brings California in […]
As some workers’ comp insurers struggle to stay afloat, you may be wondering what would happen if yours became insolvent. In a recent case, a Denny’s employee’s work-related cumulative injury occurred over a one-year period that overlapped two months with the time Denny’s was self-insured for workers’ comp. During the other 10 months, Denny’s was […]
The U.S. Department of Labor (DOL) has announced the latest in its series of e-laws Advisors. The new Advisor assists federal contractors and subcontractors in understanding basic coverage and compliance information for several laws that the DOL’s Office of Federal Contract Compliance Programs enforces. You can access the new Advisor on the DOL website.
A reform requirement that all insurers must offer four levels of health coverage to small businesses would be delayed until 2015 under proposed rules scheduled to be published March 11 in the Federal Register. Under the U.S. Department of Health and Human Services proposal, small employers may get one choice of health coverage in 2014. […]
The Ninth Circuit Court of Appeals has upheld San Francisco’s landmark domestic partner benefits ordinance, which requires that companies doing business with the city must offer equal benefits to domestic partners and married spouses of employees. The court rejected a constitutional challenge by an Ohio company whose bid for a contract with the city was […]
Pension and welfare benefit plans are generally required to file a yearly return report, which can usually be completed by using the 5500 form that is updated each year. This is an important compliance and research tool for the DOL, and part of ERISA reporting and disclosure rules. For the 2004 form and more information, […]
The U.S. Citizenship and Immigration Services (USCIS) has announced that the cap has been reached for H-2B work visas for the final six months of 2006. The H-2B visa program allows employers to request foreign workers to fill a one-time, peak-load, intermittent, or seasonal need for labor when no workers are available in the local […]