Archives

Americans with Disabilities Act: U.S. Supreme Court Adopts Standards for Determining When Shareholders Must Be Counted as Employees

By Jennifer Carsen Jun 1, 2003 Uncategorized

Updated: Jun 1, 2003

Deborah Wells was a bookkeeper for Clackamas Gastroenterology Associates, a medical clinic and professional corporation with four physician shareholders and directors and about 12 employees. When Wells was terminated, she sued the clinic under the Americans with Disabilities Act. The clinic responded that it didn’t have enough employees to be covered by the ADA. Join […]

Terminating Employees: Laid-Off Employee’s Bias Charges Crumble in Face of Employer’s Solid Documentation; 4 Prudent Practices

By Jennifer Carsen Jun 1, 2003 HR Management & Compliance

Updated: May 18, 2015

Economic pressure may be forcing you to cut your workforce. And you may wonder if you can do anything to reduce your legal risks if an employee you’ve targeted for layoff has recently returned from medical leave. As one employer that recently sidestepped an expensive lawsuit learned, the answer may lie in how scrupulous you […]

Veterans: Jobs for Veterans Act Takes Effect This Year; What the Changes Mean to Federal Contractors

By Jennifer Carsen Jun 1, 2003 HR Management & Compliance

Updated: May 18, 2015

It’s time for federal contractors and subcontractors to prepare for changes that will affect their employment practices with respect to veterans. Late last year, President Bush signed into law the Jobs for Veterans Act (JVA), which makes significant changes to the Vietnam Era Veterans’ Readjustment Assis- tance Act of 1974 (VEVRAA) and goes into effect […]

News Notes: New HIPPA Enforcement Rule Issued

By Jennifer Carsen Jun 1, 2003 HR Management & Compliance

Updated: May 18, 2015

The U.S. Department of Health and Human Services recently published the first in a series of interim enforcement rules under the Health Insurance Portability and Accountability Act. The interim rule took effect May 19, 2003, and expires Sept. 16, 2003. It sets out procedures for conducting investigations and hearings and imposing civil penalties for violations […]

News Notes: Federal Labor Law Superseded Lawsuit Claiming Pay for Family Leave Time

By Jennifer Carsen Jun 1, 2003 HR Management & Compliance

Updated: May 18, 2015

Verizon employee Denise Harris was granted family and medical leave for a bad back. Under the union contract covering Harris’ employment, Verizon paid Harris sick pay benefits during the first part of her leave, but cut off her benefits when she didn’t provide a physician’s report confirming she couldn’t work. Harris sued, claiming the failure […]

News Notes: Trucker Safety Rules Revised

By Jennifer Carsen Jun 1, 2003 HR Management & Compliance

Updated: May 19, 2015

The U.S. Department of Transportation has issued revised rules regulating driving hours and rest periods for professional truckers. The rules, which take effect Jan. 4, 2004, will permit professional truck drivers to drive up to 11 hours during a 14-hour on-duty period, provided the trucker receives a 10-hour off-duty period following the shift. For short-haul […]

News Notes: Big Disability Verdict Over Physical Agility Test

By Jennifer Carsen Jun 1, 2003 Uncategorized

Updated: Jun 1, 2003

A San Bernardino jury’s $1.45 million verdict for a disabled employee underscores the importance of making sure that physical agility tests actually measure the ability to perform essential job functions. Judy Tousignant was a part-time juvenile hall counselor for San Bernardino County for eight years. In a physical agility test required for promotion to a […]

News Notes: Binding Arbitration Legislation Struck Down

By Jennifer Carsen Jun 1, 2003 HR Management & Compliance

Updated: May 18, 2015

In 2000, Sacramento lawmakers enacted SB 402, requiring counties and other local agencies to submit, under certain circumstances, to binding arbitration of economic issues that arise during negotiations with unions representing firefighters or law enforcement officers. Now the California Supreme Court has struck down the law, ruling that it interferes with state constitution provisions giving […]

News Bulletin: FMLA Opinion Withdrawn

By Jennifer Carsen Jun 1, 2003 HR Management & Compliance

Updated: May 18, 2015

The Ninth Circuit Court recently withdrew its decision in Gradilla v. Ruskin Mfd. that held leave taken to accompany a spouse to a funeral was not protected family leave. The opinion was withdrawn at the request of the parties, which means employers can no longer rely on the decision. Continue watching California Employer Advisor for […]