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EEOC Issues Rule Clarifying ‘Reasonable Factors Other Than Age’

The Equal Employment Opportunity Commission (EEOC) has issued a new rule aimed at clarifying when the “reasonable factors other than age” (RFOA) defense can be used in claims filed under the Age Discrimination in Employment Act (ADEA). The rule is to be published in the Federal Register on March 30. A statement from the EEOC […]

Workers’ Comp Fraud: Employee Ordered To Repay Benefits After Bogus Claim Uncovered; How To Prevent Fraud

If a picture is worth a thousand words, a videotape can be worth many times more when a surveillance camera catches an employee in the act of dramatizing a phony workers’ comp injury. That’s what happened in a recent case that resulted in the criminal conviction of a malingering employee who was also ordered to […]

News Notes: Home Depot And EEOC Settle Class Action Bias Lawsuit

The U.S. Equal Employment Opportunity Commission has announced the simultaneous filing and settlement of a class action suit against Home Depot, USA Inc., alleging sex, race, and national origin bias at the company’s Colorado stores. Under the settlement, which a judge must still approve, Home Depot will pay $5.5 million to current and former employees […]

Definition of ‘Excepted Benefits’ Would Expand under ACA Proposal

Two specific types of limited wraparound coverage could qualify as “limited excepted benefits,” under health care reform rules proposed Dec. 19 by the U.S. Departments of Labor, Health and Human Services and the Treasury. “Excepted” status would be available on a temporary “pilot” basis to coverage that: wraps around a Multi-State Plan offered by the U.S. Office […]

Supreme Court’s action on ‘travel ban’ eases some employer concerns

by Tammy Binford and Holly Jones The U.S. Supreme Court’s decision to allow a limited form of President Donald Trump’s “travel ban” to take effect means people from the affected countries who work for employers in the United States are probably exempt from the ban. But the decision doesn’t clear up all questions for those […]

When Handing Out Severance Pay, Don’t Forget Employees on Leave

If an employer grants severance pay to laid-off employees, it must also pay those who were on leave for disabilities at the time of the layoff. A California auto plant failed to do so and has now agreed to pay into a $6 million settlement fund (along with Toyota) to settle an Americans With Disabilities Act […]

New I-9 Form Delayed for 60 Days

The U.S. Citizenship and Immigration Services (USCIS) has announced a 60-day delay in implementing the new Form I-9 for employment eligibility verification for new hires. The new I-9 forms were to take effect February 2, but a seemingly last-minute decision was made on January 30 to delay implementation of the I-9 forms and their accompanying […]

Morale’s Role in Accommodation Decisions

Yesterday, we looked at the first half of attorney James Brown’s “Top 10” tips for complying with California’s disability bias laws. Today, the rest of the list—plus an introduction to a valuable new resource that will quickly become your indispensable guide to California’s complicated workers’ comp laws.

Federal Court: Allow Clarification to Avoid FMLA Interference

By Jeffrey A. Gruen  The U.S. Court of Appeals for the 3rd Circuit— which covers Delaware, New Jersey, and Pennsylvania—recently found that an employer can be liable for interference with an employee’s Family and Medical Leave Act (FMLA) rights when it denies leave on the basis of a vague medical certification without first providing notice […]