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DOL Issues COBRA Model Notices

Update Dec. 16: House Passes COBRA Subsidy Extension and Expansion Today, the U.S. Department of Labor (DOL) issued model COBRA continuation coverage notices that reflect the new nine-month, 65 percent subsidy on COBRA premiums. The notices are available online at www.dol.gov/ebsa/COBRAmodelnotice.html. There are four types of notices, each tailored to a particular employee, beneficiary, or […]

California Ranks Low Among Employee-Friendly States

The Golden State is often criticized as being unfriendly to businesses, so it’s reasonable to assume that the state would qualify as employee-friendly. But researchers at the Political Economy Research Institute at the University of Massachusetts have come to a surprising conclusion: California ranks in the bottom half of the 50 states in terms of worker-friendliness.

U.S. Supreme Court Punts on ACA Contraceptive Mandate Case

By BLR Legal Editor Jennifer Carsen, JD For the past several months, court-watchers have been waiting for the Supremes to resolve a split among the circuits on the Affordable Care Act’s (ACA’s) contraceptive mandate. Today, the court released its long-awaited opinion—without ruling on the merits of the case.

Bullies in the Workplace, Not Just the Playground

Sixteen states have proposed legislation introduced under the title “The Healthy Workplace Bill.”  In 2009, 12 states’ legislatures considered bullying bills but none passed them. The legislation is intended to stop workplace bullying but hasn’t yet been made law in any state. Keep up with the latest changes in state employment laws with the monthly […]

Overtime Changes: IWC Wage Order Hearing Developments

As we reported last month, the Industrial Welfare Commission is holding hearings and meetings throughout the state to review current overtime and other wage and hour rules and come up with new final wage orders. In this regular monthly feature, we’ll run down the IWC’s most recent activities.

News Notes: Corrective Action Blocks Suit Over Negative Performance Review

The Ninth Circuit Court of Appeal has ruled that a negative performance evaluation didn’t support an employee’s retaliation claim because the employer promptly corrected the problem. Aybike Kortan, a clinical psychologist with the California Youth Authority, received a bad review after she complained about a supervisor’s harassment. The court said the poor review, while retaliatory, […]

Canadian Court Not Prepared to Act as Workplace Referee

By Sara Parchello Does an employer have a broad obligation to protect employees from mental distress that may be caused in the workplace? Ontario’s Court of Appeal recently answered this question in Piresferreira v. Ayotte and Bell Mobility Inc. with a resounding “no.” The decision reverses, in part, an award made back in 2008 – […]

Employment Law Tip: Reviewing Your Vacation Policy

It’s that time of year when vacations are in full swing, and maybe all the overlapping vacation requests and questions about how vacation works have exposed some gaps in your vacation policy? If so, it’s time to review your policy. Here are the key areas a comprehensive vacation policy should address: Who is entitled to […]

New Wisconsin Electronic Discovery Rules Go Into Effect

by Timothy D. Edwards On January 1, 2011, new rules for the discovery (pretrial exchange of evidence) of electronically stored information went into effect in Wisconsin. One of the most significant changes is a “meet-and-confer” provision requiring the parties to address issues pertaining to electronically stored information early in the litigation. Back in April 2010, […]