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No Punitive Damages for Wage-Hour Violations, Court Says

A California court of appeals has ruled that an employee cannot recover punitive damages for the employer’s violations of state Labor Code provisions governing meal and rest breaks, pay stubs, and minimum wages.1 That’s because those Labor Code provisions include specific remedies, including penalties that are punitive in nature—and those are the only remedies available. […]

Pension

Largest Defined Contribution Plans Look to Adopt DB Best Practices for The Future

By Jane Meacham While acknowledging that maintaining traditional defined benefit (DB) pensions has become either too expensive or too burdensome, several Fortune 500 company retirement plan sponsors would like to replicate for their defined contribution (DC) plans some of the efficiencies from their DB plans, according to a new survey report from BNY Mellon.

Court Staves Off Challenge to Reform’s Contraception Mandate

A Christian liberal arts college lost a bid to secure a court ruling that would both characterize the health reform’s contraceptive mandate as improper and enjoin the government from enforcing it. It’s one of 26 challenges to the mandate that health plans cover contraceptives without patient cost-sharing. On Aug. 24, the U.S. District Court for […]

Title VII verdict upheld for Egyptian-American Muslim employed by BSA

by Rosemary B. Guiltinan The U.S. 1st Circuit Court of Appeals  recently upheld a jury verdict in favor of an Egyptian-American Muslim employee of the Boy Scouts of America (BSA) who claimed the BSA denied him career advancement opportunities based on his national origin and religion. The court upheld the verdict because the employer failed […]

New Report Looks at ‘Interstate Job Piracy’

State and local governments spend billions of dollars annually on economic development subsidies given to companies for moving existing jobs from one state to another, according to a study released today by Good Jobs First, a nonprofit, nonpartisan research center based in Washington, D.C. The report is titled The Job-Creation Shell Game. Greg LeRoy, executive […]

Employers Can Restrict Union Use of Company E-mail

The National Labor Relations Board (NLRB) has ruled that employers can prohibit employees from using company e-mail to send union-related messages while allowing some personal use of e-mail. In a 3-2 decision dated December 16 but released December 21, the NLRB majority ruled that the e-mail policy of Eugene, Oregon, newspaper The Register-Guard wasn’t a […]

English-Only Rules: New Law Banning Language Restrictions To Take Effect; Strategies To Ensure Compliance

California employers have long faced complex discrimination issues because of the state’s diverse population. And now a recently enacted state law imposes new restrictions on employers’ ability to set workplace language rules. Language Restrictions Must Be Justified Under the new measure, A.B. 800, it’s illegal to adopt or enforce a policy that limits or prohibits […]

FMLA Changes: What You Need to Know—and Do

Yesterday we looked at some of the important changes in the new Family and Medical Leave Act (FMLA) regulations, particularly revisions to the employer and employee notice requirements. Today we’ll look at some other important changes, and at a new audio conference that will get you ready for the January 16 effective date. Certification Among […]

News Notes: Union Membership Still Declining

According to a new U.S. Bureau of Labor Statistics report, union membership in 2002 sank to its lowest level in 20 years. In 2002, 13.2% of workers were union members, down from 13.4% in 2001 and a high of 20.1% in 1983, the first year for which comparable data are available. More than 2.5 million […]