Tag: San Francisco
Employment Contracts: Could I Be Entering into ‘Implied Contracts’ Without Knowing It?
We fired an employee, thinking he was “at will,” but now he claims we made an oral promise that he could be fired only for cause. We’ll fight this one in court, but how do we keep from having misunderstandings like these? —Martin B., HR Manager in San Francisco
Labor Code Revision Applicable To Pay Statements In Effect
Healthcare Legislation Dies In Senate
U.S. Supreme Court Set To Rule On ERISA Case
As of press time, the U.S. Supreme Court was set to rule on a case that could redefine the claims and remedies allowed under the federal Employee Retirement Income Security Act (ERISA). The lawsuit arose after a 401(k) plan participant asked the plan administrator, which was his employer, to change his elections. The participant claimed […]
IRS Notice Provides Relief Regarding Non-Qualified Deferred Compensation Plans
The IRS recently issued Notice 2007-100, which gives employers an opportunity to correct unintentional operational mistakes concerning nonqualified deferred compensation plans. Internal Revenue Code Section 409A, which covers these plans, specifies the manner in which they must be reported to avoid premature taxation. The notice gives employers the opportunity to self-correct unintentional operational errors—the failure […]
DOL Proposes Rule To Reveal 401(K) Plan Fees
The U.S. Department of Labor (DOL) has issued a proposed rule that would force 401(k) plan administrators to report compensation they derive directly and indirectly from their services. In addition, the rule would require plan administrators to disclose in writing potential conflicts of interest to plan fiduciaries, namely employers. The regulation’s main purpose is to […]
Wage Disputes: Time Limit to Recover Waiting-Time Penalties Clarified
A waiting-time penalty is assessed when an employer willfully fails to pay a worker the compensation he or she is entitled to on termination of employment. A California appeals court recently ruled that when a worker seeks waiting-time penalties but not unpaid final wages, his or her claim is subject to a one-year statute of […]