Tag: benefits

Wage And Hour: Workers Charge Employer Didn’t Calculate Overtime Correctly; Helpful Pointers

Calculating overtime is usually a straightforward process of multiplying the worker’s regular hourly rate by one and a half. However, a recent Ninth Circuit Court of Appeals case illustrates that the computation is more complex if you pay an employee a flat rate per day. That’s because you need to figure out what the hourly […]

Employee Benefits: New EEOC Guidance Covers Benefit Differentials Based On Disability And Pregnancy, Part 2

The Equal Employment Opportunity Commission recently issued new guidelines explaining how federal employment discrimination laws apply to employee benefits. Last month we examined the rules regarding age discrimination. This month we look at the EEOC guidelines dealing with disability and pregnancy discrimination.

Employee Handbooks And Policies: Employee Consent Not Required To Change Policies; Helpful Guidelines

Many employers make it a practice to periodically update their employee manuals and policies. But where do you stand if an employee objects to a new policy? In a recent case, a California Court of Appeal rejected a worker’s attempt to challenge a provision that was added to an employee handbook. More importantly, the court […]

News Flash: Employee Benefits

The federal Ninth Circuit Court of Appeals has ruled that benefits plan administrators can be sued for failing to adequately advise employees of the terms of a mandatory arbitration procedure for appealing benefits decisions. Laboratory Corporation of America had a health plan with a 60-day time limit for requesting arbitration after an internal claim appeal was […]

News Flash: Temporary Workers

A lawsuit filed by 94 temporary employees of Sacramento County who sought retroactive benefits was resolved under a $1.4 million settlement. The workers claimed the county illegally classified them as temporary employees, thereby denying them benefits. They said that under the county charter, temporary workers may be employed for only 30 days, whereas many of […]

News Flash: Federal Court Takes Up San Francisco Domestic Partner Ordinance

A federal appeals court is currently considering challenges to San Francisco’s cutting-edge domestic partner ordinance. The law requires that companies who dobusiness with the city provide unmarried employees who have domestic partners the same benefits as married workers. An airline trade association succeeded in invalidating the provisions of the law covering health and welfare benefits. […]

Pension Plans: You Can Be Sued If Your Plan’s Insurer Goes Broke; 4 Tips For Making The Right Decisions

When RJR Nabisco decided to terminate an overfunded pension program, it purchased an annuity from an insurance company to cover its obligations to beneficiaries and plan participants. RJR then sold the pension fund’s assets, netting RJR more than $43 million. But the insurance company it chose to issue the annuity, Executive Life Insurance Company of […]

News Flash: Workplace Legislation Update

There is a lot of important new legislation affecting the workplace that Gov. Davis has signed into law. As the final hour for approving legislation approached, the governor vetoed bills to increase workers’ comp benefits, boost unemployment payments, expand leave for family and medical care, ban secret monitoring of employee e-mail and computer records, and […]