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Plan sponsors may take heart at a district court’s ruling supporting the interpretation of plan language by one of their own — but a partial dissent could spell more claims for equitable relief. The 6th U.S. Circuit Court of Appeals reversed a ruling for the plaintiff in a surviving-spousal benefits suit and supported the defined […]
Most employment laws include provisions protecting employees from vindictive managers who would otherwise punish them for exercising their rights. The Fair Labor Standards Act is no exception. The Labor Department’s Wage and Hour Division takes the anti-retaliation provisions of the FLSA seriously enough that it released a fact sheet (WHD Fact Sheet #77A) in December […]
Last night’s episode, Jury Duty, involved scandalous improprieties, shrewd cover-ups, relentless investigations, and dramatic public confessions. Agatha Christie would have been proud, although Scranton’s twist on these themes might have left her a little confused. It took Dwight only a few minutes to dismantle Jim’s lie about having been on jury duty for a full […]
by Mark I. Schickman San Francisco’s new Retail Workers’ Bill of Rights is set to be implemented July 1, meaning many retail employers will have new obligations that go beyond areas that have previously been regulated. The new law covers any retail establishment with 20 or more workers that shares a “formula” with at least […]
By Ralph N. Nero and Keri L. Bennett When is a layoff not a layoff? When it is a constructive dismissal, according to an Ontario judge. McLean v. The Rawyal Limited Partnership reaffirms the principle that unless incorporated as an express or implied term of the employment contract, a layoff may be treated as constructive […]
by Elizabeth J. Boca The minimum wage in California will increase from $9 to $10 an hour as of January 1. Employers must understand that paying the higher minimum wage alone doesn’t satisfy their obligations because the upcoming increase will spark a domino effect in various compliance areas. Exempt “white-collar” employees. Each time the state […]
Our office pays a set amount for employee health benefits. Expenses beyond that amount (generally spouse and/or dependent coverage) are the employee’s responsibility and are deducted from the employee’s paychecks. If an employee is out on pregnancy leave or FMLA and there are no paychecks from which to deduct the employee share of the premium, […]
San Jose’s City Council recently approved the highest living wage in the nation, guaranteeing certain workers far more than required by state or federal minimum wage laws. But San Jose’s new policy isn’t the first in California-and it looks like it won’t be the last.
The Senate has confirmed President Donald Trump’s nominee to the U.S. Supreme Court, Neil Gorsuch. Because Gorsuch is known for adhering to the letter of the law, his confirmation likely is good news for employers, experts say. Democrats initially filibustered Gorsuch’s confirmation, but Republicans invoked the “nuclear option” and changed the Senate rules to allow […]
If you’ve ever said “I feel rotten this morning, and it’s going to be a rotten day,” two researchers say you’ve probably got it right. “How are you feeling today?” No, that’s not just a pleasantry. According to researchers at the Wharton School of Business and Ohio State University, how you feel … the mood […]