Lawsuits: Proposition 64 Retroactive, Supreme Court Rules
The California Supreme Court has ruled that Proposition 64—approved by voters in November 2004—applies retroactively to cases pending at the time the measure took effect.
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Summer Hiring Season—Child Labor Myths Busted
In yesterday’s Advisor, we busted 11 myths about wage and hour. Today, we tackle myths about child labor—particularly appropriate with summer hiring season approaching—and we take a look at a unique FLSA audit guide. [Go here for Myths 1-11.] Myth #12—There is no restriction on hours of work for workers age 14 and over. Busted. […]
DOL’s health insurance marketplace form is now expired . . . but fear not
Employers have a lot to worry about these days. Fortunately, the expiration of the marketplace notice form issued by the U.S. Department of Labor (DOL) isn’t something else to add to the list. The form, New Health Insurance Marketplace Coverage Options and Your Health Coverage, comes in two versions: one for employers that offer some […]
FMLA virtual summit provides opportunity to speak with lawyers
On January 16, 2009, all employers covered by the Family and Medical Leave Act (FMLA) will have a new batch of regulations to contend with. To help HR professionals prepare, M. Lee Smith Publishers offered its first-ever, FMLA virtual summit — a day-long event during which participants could watch online, listen on the phone, and […]
FMLA: In Retaliation Cases, Decision Makers Matter
By Brian J. Kurtz, JD, FordHarrison LLP
Jury to Determine Whether Restaurant’s FLSA Violations Were ‘Willful’
By Kate McGovern Tornone, Editor A federal district court has determined that a jury should decide whether a restaurant “willfully” violated the Fair Labor Standards Act (FLSA) when it declined to research the law’s requirements and ignored a warning that its compensations policies were not in compliance.
Manufacturer Misrepresents Compliance with FMLA: Lessons for Employers
By Gregory J. Wartman, JD A Pennsylvania federal court recently ruled that an employee was ineligible for relief under the Family and Medical Leave Act (FMLA) because of the size of his employer and that he did not present sufficient evidence that his employer should be equitably estopped (prevented) from avoiding liability under the Act.
Disabilities: Individualized Assessments Are a Must under ADA
By Kathy Kreps, JD, Porter Wright Morris & Arthur LLP
Yes, There Is a Strong Business Case for Flex
There’s now a business imperative for workplace flexibility, says Ellen Galinsky, and it’s showing up on the bottom line. In today’s Advisor, what’s changed and why you need to respond. Galinsky, president and co-founder of the Families and Work Institute in New York made her remarks at SHRM’s recent Employment law and Legislative Conference in […]
COBRA Premium Subsidy Law —What a Difference a Year Makes
Last year around this time, COBRA administrators were waiting with dread to see if Congress would enact yet ANOTHER extension to the continuation coverage premium subsidy law. The law had been extended three times before, so why not four? But due to the political shifts in Congress as a result of the 2010 elections, and […]