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Watch Out for Exemption Misclassifications in California

It’s important to be sure you properly classify jobs as exempt if you’re asserting an exemption to the overtime pay requirements of the federal Fair Labor Standards Act (FLSA). That message was reinforced by a recent decision of the Ninth Circuit Court of Appeals (which includes California) in which the court concluded that state social […]

Taming Intermittent Leave FMLA (Ha, Ha, Says Expert)

“Let’s talk about how to handle abuse of intermittent leave rules,” says attorney Jeffrey A. Wortman. Then he chuckles, underscoring the near impossibility of easily managing intermittent leave under the FMLA. Wortman, a partner in the Los Angeles office of Seyfarth Shaw LLP, and Nancy M. Cooper a partner in the Portland, Oregon, office of […]

Reform Rule on Maximum Waiting Period Details Some 90 Day-plus Scenarios

Employer group health plans must eliminate waiting periods of more than 90 days before enrolling otherwise eligible employees (or dependents) into health coverage, under proposed rules issued on March 18 by the federal agencies implementing health reform. For Clear Full-time Hires, It’s 90 Days Group health plans and health insurers in the group plan setting […]

Senate Finance Committee Maps Routes to Health Care Reform

Health care industry leaders — including some who opposed the Clinton administration’s 1993 health care reform efforts — are now pledging to rein in the rate at which costs increase. President Barack Obama did a one-hour interview and town-hall style discussion about health care reform on prime time network TV this week. Lawmakers promise quick […]

Delaware businesses get new recordkeeping obligations

by Molly DiBianca and Lauren Russell Delaware’s new law related to the safe destruction of documents containing personal identifying information will take effect on January 1. The law requires commercial entities to take all reasonable steps to destroy a consumer’s personal identifying information within the business’s custody and control when the information is no longer […]

Get a Seat at the Executive Table … and Know What to Do With It!

To win HR a place in senior management, career experts say learn the overall business … and express yourself in the language that senior executives speak. If there’s anything HR professionals have asked for again and again over the years, it’s that elusive “seat at the executive table.” Well, guess what? With more organizations realizing […]

IRS Issues New COBRA Guidance for Employers

Update Dec. 16: House Passes COBRA Subsidy Extension and Expansion The IRS has issued guidance on the COBRA premium assistance or subsidy provisions of the economic stimulus bill recently passed in Congress. Under the provisions, eligible employees who were involuntarily terminated from their jobs between September 1, 2008, and December 31, 2009, and their qualified […]

Christian Charity Immune from Religious Discrimination Claim

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on an individual’s religion. Unless, that is, your employer is a religious organization. When three former employees sued World Vision, the question was whether the Christian charity qualified for the exemption. In a recent decision, the Ninth Circuit Court of Appeals, which […]