Tag: DOL

News Bulletin: DOL’s New 5500 Forms Are Available

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, […]

News Notes: DOL Unveils New E-Laws Advisor For Federal Contractors

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.

Bulletin: Long-awaited FMLA Revisions Delayed Until Next Year

Proposed revisions to Family and Medical Leave Act regulations will not be issued until March 2005, according to the latest regulatory agenda from the Department of Labor. Originally, the Bush administration announced it planned to unveil the revisions in January 2003. The changes to the 1993 leave law have lagged as the DOL repeatedly extended […]

Sexual Harassment: California’s High Court Affirms Automatic Liability for Harassment by Supervisors, But Employers Can Take Steps to Limit Victim’s Damages

In a new ruling, the California Supreme Court has affirmed employers are automatically liable for sexual harassment committed by supervisors, but damages for an employee who doesn’t take reasonable steps to avoid or report supervisor harassment can be reduced. We’ll examine the new case and suggest smart employment practices that can help you limit damages—and […]

Disability Discrimination: Supreme Court Upholds Non-Rehire-for-Drug-Use Policy Violation; Caution Still Required. 3 Practices to Keep You Out of Court

The U.S. Supreme Court has upheld an employer’s refusal to rehire a former employee who violated the company’s drug use policies. This means employers may continue to use neutral policies, but an employee can still prove the employer intentionally discriminated against them and is just using the policy as a pretext to hide wrongdoing. We’ll […]

News Notes: Big Overtime Settlements Reached

The U.S. Department of Labor has announced two sizable overtime settlements with Southern California employers. VCI Telecom Inc., an Upland telecommunications company, has agreed to pay $1,074,375 to settle charges levied by the DOL for not paying overtime to 227 employees. And flooring and tile company Lambard Inc., based in Ontario, will fork over $228,156 […]

Arbitration: Mandatory Arbitration OK for Wrongful Termination Claims–but Only if Agreement Is Fair; Make Sure Your Agreements Will Hold Up in Court

The California Supreme Court has decided that its landmark ruling in 2000 that required mandatory arbitration agreements to contain certain fairness protections for employees isn’t just limited to discrimination and harassment claims. We’ll explain the court’s new opinion.

E-Alert Item: Exempt Employees: Government Proposes New Rules for Determining Who’s Exempt from Overtime

For the first time in over 25 years, the U.S. Department of Labor has issued proposed rules overhauling the system for determining which employees are exempt from overtime under the federal Fair Labor Standards Act. The proposed rules change the types of job duties workers must perform to qualify for exemption from overtime as well […]

E-Alert Item: DOL Says Insurance Adjusters Not Entitled to Overtime Pay

The federal Department of Labor has said in a recent opinion letter, which was issued in response to an insurance industry group’s inquiry, that adjusters qualify for the administrative exemption from overtime under the Fair Labor Standards Act. The opinion reaffirms the DOL’s position on this issue, and was based on the DOL’s review of […]