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President Signs Pension Reform Law

On August 17, 2006, President Bush signed the sweeping Pension Protection Act of 2006 (H.R. 4) into law. The bill, which is the most comprehensive overhaul of pension laws in 30 years, will: require employers to fully fund pensions, with time limits for funding shortfalls; encourage more employers to use automatic enrollment in 401(k) plans; […]

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.

New Wyoming law will help employers protect their computer systems

by Bradley T. Cave A Wyoming law going into effect on July 1 creates a new criminal offense—computer trespassing—that may give employers a new tool to prevent employee sabotage. Computer trespassing occurs when a person knowingly and without authorization sends malware, data, or a program that (1) alters or damages a computer, system, or network […]

News Notes: Employers Not Strictly Liable For Supervisor Sexual Harassment

When Leslie Kohler sued under California’s Fair Employment and Housing Act claiming that her supervisor at Inter-Tel Technologies sexually harassed her, Inter-Tel said it wasn’t liable because it had taken reasonable steps to prevent harassment and Kohler had unreasonably failed to take advantage of the employer’s corrective opportunities by failing to report the incidents. Kohler […]

News Notes: Employment Contracts Can Shorten Time to Sue

Provisions in an employment contract between Western & Southern Life Insurance Co. and its sales agents stated that agents had only six months from the date of discharge to file a lawsuit for wrongful termination, even though California law may provide up to four years to sue for breach of contract. The employment agreement also […]

Do Aggressive Decisions Save Money?

Many employers are now making the unhappy discovery that their finance and operations people made aggressive exempt-status and other wage and hour-related determinations that are coming back to haunt their organizations in the form of big wage and hour lawsuits and payouts. Attorney Kurt A. Franklin of the San Francisco office of Hanson Bridgett, LLP, […]

High Court Advances Same-sex Marriage and Impacts Employers

As a result of the U.S. Supreme Court rulings on same-sex marriage, employers throughout the United States will have to adjust their benefits plans, policies and documents to accommodate employees’ same-sex spouses for purposes of federal law and regulations. California employers will need to do the same for purposes of state law. On June 26, […]

HHS to Step Up HIPAA Privacy Enforcement in ‘Abject Failure’ Cases

The U.S. Department of Health and Human Services (HHS) is refocusing its HIPAA privacy enforcement efforts on seeking monetary penalties in cases of “abject failure” to comply, the head of HHS’ Office for Civil Rights (OCR) indicated. “The majority of matters we handle are going to be resolved through education” as they have in the […]