Tag: San Francisco

News Notes: New ADA Ruling Protects Seniority Systems

Last year, the Ninth Circuit Court of Appeal ruled that, in most cases, an employer doesn’t have to make an exception to an established seniority system to provide an accommodation to a disabled worker. Now, the same court has clarified its original ruling, going even farther in protecting seniority policies. The case involved a disabled […]

New Harassment Legislation: Governor Expands Law To Cover Independent Contractors; 3 Important Steps To Take

One advantage of using independent contractors has traditionally been that you could not be sued for many employment-related disputes. But because Governor Davis has just signed a new law expanding harassment protections to independent contractors, you will now have to be more cautious in how you deal with them. The measure takes effect January 1, […]

Workplace Lawsuits: High Court Ruling Clarifies Whose Personnel Decisions Can Result In Punitive Damages—And Steps You Can Take To Avoid A Big Verdict

After Thomas White was fired from his job at an Ultramar convenience store several years ago for allegedly stealing a soda, his employer was ordered by a jury to pay $342,000 in lost earnings and punitive damages. And the company’s legal expenses were just beginning, as the case wound its way through the state appeals […]

Severance Programs: ERISA Traps For The Unwary

Your voluntary separation incentive plan may involve even more paperwork and expenses than you think. According to a new federal government opinion, severance programs that aren’t directly linked to retirement can still be considered pension plans covered by detailed ERISA compliance requirements. 400+ pages of state-specific, easy-read reference materials at your fingertips—fully updated! Check out […]

Age Discrimination: Court Rejects Claim By Older Worker Who Lost Job After Restructuring; A Case Study Of What The Employer Did Right

Many human resource managers worry about age bias suits whenever there’s a reorganization and older workers who don’t fit in the new company structure are terminated. But if you can show that your motives are business-related and you handle the situation properly, you’ll go a long way toward avoiding liability. Here’s a look at one […]

Retirement Plans: You Could Be Sued If You Don’t Tell Workers About Changes You’re Considering But Haven’t Yet Adopted

When changing retirement plans, employers sometimes don’t notify employees until all the details are in place. But a new case makes it clear that if you don’t let workers in on your plans earlier, you could face an expensive lawsuit. Employer Enhances Early Retirement Benefits In a workforce reduction, IBM offered workers two early retirement […]

Health Benefits: New COBRA Rules Announced

After a 13-year wait, the Internal Revenue Service has just released its comprehensive regulations covering COBRA health benefits continuation coverage. The new regulations-which are a complex mix of final and so-called proposed rules-clarify several gray areas of the law but don’t change the basic COBRA mandates, including the detailed notice requirements. Even though the rules […]

Leased And Temporary Workers: Why You Could Be On The Hook For Unintended Benefits; Action To Take Now

Supplementing your regular workforce with staff provided by an employee leasing company has become an increasingly popular way to keep administrative and benefit costs down and maintain labor flexibility. Many who use leased workers and long-term agency temps consider themselves immune from the risky misclassification problems that have plagued employers who use independent contractors. But […]

ADA Reasonable Accommodations: New Court Case Looks At Whether You Have To Bump Temporary Workers Or Offer Light-Duty Assignments

When an employee who has been injured on the job wants to return to work, it can be beneficial to both you and the worker to consider a light-duty assignment. Light-duty positions can keep the employee productive and help reduce workers’ comp costs. But modifying job duties can also present logistical problems and create new […]