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Sexual Harassment: Supreme Court Says Single Crude Remark Didn’t Amount To Harassment; Practical Advice

The U.S. Supreme Court has handed down a new ruling that provides some guidance on when a single remark can amount to sexual harassment. The court also looked at when the timing of a punitive action against a complaining employee does and doesn’t support a retaliation claim. As we’ll explain, the decision suggests that your […]

U.S. Departments Release Guidance on ACA Implementation, Mental Health Parity

By Benjamin J. Conley, JD In late October, the Internal Revenue Service (IRS), U.S. Department of Labor (DOL), and the U.S. Department of Health and Human Services (HHS) released a series of informal frequently asked questions (FAQs) addressing various unanswered questions under the Affordable Care Act’s (ACA’s) preventive service mandate, the Mental Health Parity, and […]

EBSA: Deficient Work Tied to Auditors’ Size, Experience

Hiring an auditor with limited experience auditing benefit plans, or experience auditing only small plans … may cost plan sponsors. That conclusion can be drawn from a new assessment by DOL’s Employee Benefits Security Administration of audit quality after reviewing annual reports from 400 sample retirement plans of various sizes. The agency found a nearly […]

Parental Leave Newest Addition to FMLA Family

Yesterday’s Advisor featured attorney Susan Shoenfeld’s summary of the changes in the new FMLA regulations; today, more detail on the new parental leave requirement under military exigency leave, plus an introduction to the all-HR-in-one website, HR.BLR.com. The Final FMLA rule makes four changes (or clarifications) to the listed qualifying exigencies, says Schoenfeld, Senior Legal Editor […]

Does the FLSA Apply to My Company?

I often read about the requirements of the federal Fair Labor Standards Act.  How do I know if this law applies to our organization, particularly if we’re also covered by California wage and hour laws?  — Francesca in Merced

Encourage Workplace Experiences that Inspire, Motivate Employees

I had a conversation about Christmas the other day with my 15-year-old son. We were talking about the gifts he might like to get when our conversation turned to things he’d like to do. Might he prefer tickets to a concert or a ballgame instead of a new iPod or video game? The idea seemed […]

“You’ve got mail! And it just might be a warrant for your arrest”

You don’t have to try very hard these days to find employment law references in pop culture. Movies and TV shows examine issues of employment discrimination, politicians seem unable to resist the urge to text photos of their private parts to their disgusted subordinates, and professional athletes provide ample fodder for lawyers in desperate search […]

More Overtime Changes Coming: Update On IWC Wage Order Hearings

Come July, you can expect several changes in the wage and hour regulations. That’s because the new daily overtime law gives the California Industrial Welfare Commission until July 2000 to review the current overtime rules and come up with new regulations and wage orders. At stake are modifications to a variety of wage and hour […]