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An undocumented employee who was injured on the job has had her request for rehabilitation benefits thrown out by the California Court of Appeal. Margalese Ortega-Ruiz injured her back while working at a Jack-in-the-Box restaurant in Santa Monica. After she filed a workers’ comp claim and requested vocational rehabilitation benefits, the restaurant discovered she wasn’t […]
Governor Wilson recently approved two laws, one of which will make it easier for smaller employers to offer health benefits to part-time workers, and the other which changes the unemployment insurance rules to allow benefits to employees who are victims of domestic violence. Both measures take effect on January 1, 1999. Here are the key […]
Suppose you decide to terminate an employee as part of a reduction in force. You treat the worker the same as others selected for layoff and offer the same severance benefits. But the person turns around and sues, claiming the real reason you fired him was to retaliate for a discrimination claim he filed with […]
A recent survey of employers by the human resources consulting firm Hewitt Associates indicates that employees are increasingly interested in non-traditional and flexible benefits that they can pick and choose to suit their particular needs, including retirement and work/family concerns. And employers, to stay competitive in attracting the best talent, are planning to make more […]
When you ask an employee 40 years old or over to sign a severance agreement that includes a release of potential age discrimination claims, there’s an array of strict requirements that must be met. For many employers, figuring out how to comply with these rules has been confusing-especially in cases of downsizing through group terminations […]
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.