Most Popular

Oklahoma prohibition on same-sex marriages found unconstitutional

by Charles S. Plumb The last several months have witnessed a flurry of court activity regarding same-sex marriage laws. On Tuesday, January 14, Oklahoma joined that activity with an order and opinion issued by Tulsa’s federal court. In 2004, Oklahoma voters approved an amendment to the Oklahoma Constitution defining “marriage” to be exclusively a union […]

Independent Contractors: Maid Company to Pay Big for Misclassification

A federal judge has ordered Southern California Maid Services and Carpet Cleaning, based in Gardena, to pay $3,467,789 in back wages, plus $1,058,973 in liquidated damages, to 385 current and former low-wage domestic workers who were misclassified as independent contractors. The court’s action resolves a lawsuit filed against the employer by the U.S. Department of […]

Bathroom Etiquette Should Not Influence Hiring

By Robert P. Tinnin, Jr. Q: This morning I interviewed an applicant for a clerical position in our company. She appeared to be an attractive, personable young woman and was very engaging during the interview. However, I soon learned that “she” is really a “he,” at least anatomically. She told me she is preparing to […]

Bulletin: Final Rule Addressing Stock Diversification Notice Penalty Issued

The U.S. Department of Labor’s Employee Benefits Security Administration has published a final rule clarifying the penalty that may be imposed on a plan administrator for failing to provide a written notice to participants and beneficiaries of their rights to diversify the portions of plan accounts that are invested in the employer’s publicly traded securities. […]

DOL Lets Retirement Plan Sponsors Reset Timing for Participant Fee Disclosure Charts

The U.S. Department of Labor on July 22 announced temporary relief for retirement plan administrators from some participant fee disclosure deadlines approaching in August. In Field Assistance Bulletin 2013-02, DOL said it would allow a one-time “reset” of the requirement that administrators “at least annually” provide to participants detailed comparative charts of plan investment options. […]

California Supreme Court Issues Meal and Rest Break Ruling

By Mark I. Schickman California employers have been waiting since October 2008 for the California Supreme Court to issue its ruling in the Brinker Restaurant case, clarifying whether employers must “ensure” that employees take meal and rest breaks or simply “provide” those breaks. Today, the court unanimously served up a major victory to California employers […]

Workers’ Comp: New Notices Required

Late last year, the California Division of Workers’ Compensation finalized its amendments to regulations on medical provider networks (MPNs) and the information employers must provide employees.

All Eyes on Arizona

Arizona’s new immigration law, Senate Bill (SB) 1070, authorizes state and local law enforcement officials to inquire into the immigration status of any person “where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States.” The law regulates aliens directly, not by means of the employer-employee relationship. Nevertheless, […]