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The U.S. Labor Department’s Pension and Welfare Benefits Administration has published rules to implement a new federal law”the Sarbanes-Oxley Act”; that, among other things, requires 401(k)-type plans to give participants 30 days’ advance notice of individual retirement plan blackout periods. The rules apply to blackout periods occurring on or after Jan. 26, 2003. We’ll explain […]
Gov. Davis has signed into law state layoff notice requirements similar to those in the federal WARN Act—but broader. We’ll explain what you need to know about the new state law, which we’ll call “Cal/WARN.” Federal WARN Coverage The existing federal WARN Act applies to employers with more than 100 workers. And notice under WARN […]
In response to the highly publicized corporate accounting scandals involving Enron, WorldCom and a host of other companies, President Bush recently signed into law the Sarbanes-Oxley Act, creating tougher new rules for auditing and financial disclosures at publicly traded companies and for protecting shareholders’ interests. The new law also has some serious implications—including both civil […]
Earlier this year, we reported on a major California Supreme Court opinion that state anti-bias law doesn’t bar discrimination against older workers in providing fringe benefits such as tuition assistance. Now Gov. Davis has inked into law an amendment to California’s Fair Employment and Housing Act that undoes the high court’s ruling and brings California in […]
The federal Equal Employment Opportunity Commission has filed several new lawsuits arising out of post-9/11 backlash in the workplace. In one case, the agency has sued Alamo Rental Car on behalf of a Muslim employee who was denied a workplace accommodation to wear a headscarf during the holy month of Ramadan in December 2001. Another […]
Journeyman painter Thelma Walker filed a sexual harassment and defamation lawsuit against the San Francisco housing authority and her former job site foreman. Over the next six months, the housing authority was smacked with court fines for repeatedly not responding to Walker’s discovery requests. Walker and the housing authority then tentatively agreed to a settlement […]
Now that Sacramento lawmakers have wrapped up the 2001-2002 legislative session, several employment-related measures sit on Gov. Davis’ desk, awaiting his signature or veto. Among the bills Davis is considering are measures that would establish a paid family leave program, prohibit mandatory arbitration, and create new penalties for health and safety violations.
The day after Charanjit Jutla agreed to pay $70,000 to settle a claim for unpaid wages by his nephew, Macan Singh, Jutla turned Singh over to immigration authorities. As a result, Singh-an undocumented worker-wound up in jail and is awaiting INS deportation proceedings. Now a federal judge in San Francisco has ruled that Singh can […]
The question of who can be sued for work-related actions has become a hot topic in recent years. The California Supreme Court clarified that supervisors couldn’t be held individually responsible for workplace discrimination claims. But the California Legislature recently said any employee can be sued for harassment.
The Internal Revenue Service has issued a ruling that allows employees to carry over, tax free, money provided by their employers for out-of-pocket health costs. Here’s what you should know about the new rule.