An employee with HIV who wrote on a disability benefits application that he was unable to perform his job can still sue for discrimination, according to a new court ruling. For several years, Wells Fargo Bank had accommodated Andrew Bell by allowing him to telecommute one day a week, but the bank later decided Bell […]
When you ask an employee to sign an employment termination agreement in exchange for severance benefits or other payments, you probably include language making clear that the agreement supersedes any prior understandings there may have been between you and the employee. But a new case suggests this commonly used provision has some significant hidden risks—and […]
Giving workers propernotice of their COBRA rights is a common concern for employers.And now a new decision-which highlights the potentially expensive consequences of mistakes-reinforces the need to proceed with caution.Here’s a look at the case and four compliance tips.
A new federal law now in effect says that if you offer mental health benefits, they must have the same aggregate lifetime and annual limits as medical benefits. The law applies to employers with 50 or more employees. There’s an exemption for employerswho can show the parity requirements will increase their costsby more than 1%. […]
A new California law requires you to give employees who are victims of a crime at work written notice informing them they are eligible for workers’ compensation benefits for their injuries, including psychiatric problems. The notice generally must be provided within one working day of the crime and delivered personally or by first-class mail.
If someone requests a leave of absence because of pregnancy or serious illness, you probably know the federal and state laws that apply. But you may not be aware that there are a host of other rules allowing employees to take leave in other situations-such as going into drug rehab, taking an adult literacy class […]
A jury has handed down a $3.8 million verdict in favor of a hotel manager who complained of race discrimination, thanks to the employer’s overly aggressive reply to the worker’s lawsuit. Rabah Khatib sued his employer, Tower Corp., claiming that he was harassed and discriminated against because he is Arab-American. He also charged that his […]
If a pregnant employee is injured at work and her baby is born with problems, the child can later sue you for damages. That’s the latest word from the California Supreme Court. This new decision could open the door to expensive lawsuits involving fetal injury claims-which won’t be covered by workers’ compensation laws that limit […]
Employers with 20 or more employees who provide health benefits must notify terminated workers of their continuation rights under COBRA. But a new federal appeals court ruling has confirmed you’re required to separately notify the employee and the worker’s spouse of their COBRA rights.7 To protect yourself, Ina Potter, a partner with the San Francisco […]
Over the past few years, pension benefits have come under increased scrutiny by employee advocates who claim benefits are often miscomputed and thus underpaid. If you’re targeted and it turns out you under-calculated retirees’ benefits, you might be surprised to find you owe a lot more money than you set aside. In response to the […]