Tag: benefits

Family And Medical Leave: Supreme Court Says Employer Who Fails To Give FMLA Notice Is Not Required To Grant More Than 12 Weeks Of Leave

A Labor Department rule provides that when an employer fails to notify an employee that leave qualifies under the federal Family and Medical Leave Act, the time off does not count toward the 12 weeks per year the employee is entitled to under the FMLA. Federal courts have split over whether this regulation is valid—and […]

Independent Contractors: California Supreme Court Clarifies Whether You Can Be Sued When A Contractor’s Employee Is Injured On The Job; 5-Point Plan To Protect Yourself

For several years, the California Supreme Court has wrestled with the issue of when the employee of an independent contractor can sue the company that hired the contractor for on-the-job injuries rather than just collect workers’ compensation benefits. Now the high court has issued two new opinions further clarifying when you can be sued for […]

News Notes: Expanded Mental Health Parity Measure Dies In Congress

House Republicans have defeated a measure that would have forced insurers to cover mental health conditions to the same extent that they cover other medical problems. The provision, which the Senate had tacked on to a federal spending bill, would not have required employers to provide mental health coverage as part of employee benefits, but […]

Off-Duty Activities: Legislation Creates New Protections For Job Applicants, Broader Remedies For Employees

Gov. Davis has signed a new measure, A.B. 1015, that creates new labor law protections for job applicants’ outside activities and political interests and strengthens remedies employees already have. The new law takes effect Jan. 1, 2002, and applies to most public and private employees with a few exceptions. We’ll cover the key points.

Domestic Partners: New Law Expands Workplace Rights

Gov. Davis has signed into law a sweeping measure that expands domestic partner rights on insurance, sick leave and other issues. The new law takes effect Jan. 1, 2002. Expanded Workplace Rights For Domestic Partners These are the measure’s key provisions that will affect employers: Domestic partner definition. Domestic partners will include opposite-sex couples if at […]

Employee Benefits: Court Says Water District Workers Hired Through Private Agencies Are Eligible For Retirement Benefits; Practical Impact

Several years ago, the federal appeals court covering California sent a shock wave throughout the employer community when it ruled that software giant Microsoft Corp. had to pay certain retroactive employee benefits to temporary workers improperly classified as independent contractors. Because misclassification problems are common, the decision signaled that many employers could be on the […]

News Notes: “Mailbox Rule” Applies To Benefit Plan Claims

Karla Schikore, a Bank of America employee, resigned and requested a lump-sum payment of her retirement benefits. She swore that she’d mailed the bank a form electing to receive lump-sum benefits more than a year before, as required under the terms of the bank’s retirement plan. Unfortu-nately, the bank said it had never received the […]

News Notes: Bush Proposes Extending Unemployment Benefits

President Bush has proposed a new package of emergency grants and unemployment assistance to help states deal with increased unemployment following the Sept. 11 attacks. Workers in states where the total unemployment rate has jumped by 30% above the Sept. 11 level would be eligible for an additional 13 weeks of unemployment benefits, which would […]