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Reduction In Force: High Tech Firm Sued For Laying Off Workers Without Adequate Notice

A recent development serves as an alert for all employers contemplating a large-scale lay-off without prior notice. The Connecticut Attorney General is suing Walker Digital, owned by Priceline founder Jay Walker, charging that the company violated the federal Worker Adjustment and Retraining Act (WARN) when it let 106 workers go without adequate notice in November. […]

Health Management: A Smarter Approach to Health Care

By Keith Soranno, Keas More than half of the U.S. population accesses health benefits via employer provided-benefit plans, and employers collectively spend over a trillion dollars providing them. A significant amount of this money has been wasted due to poor utilization and a lack of understanding by employees on how to effectively utilize these benefits. […]

Family Leave: We’re a Small Company—Are We Covered by FMLA?

We are a small California business with 14 employees. We are not supposed to be subject to FMLA, but our lawyer says we are. This is because we have FMLA eligibility information included in our handbook. But the eligibility clause clearly states that “employees who work at a location where the Company employs fewer than […]

Professor’s Biased Rants Not Unlawful Harassment

Latino employees at an Arizona community college were understandably offended when a professor broadly distributed e-mail messages exalting the “superiority of Western Civilization” and deriding the contributions of nonwhite immigrants and Native Americans. But did the professor’s messages create a racially hostile work environment? The Ninth U.S. Circuit Court of Appeals (which covers Alaska, Arizona, […]

Fake ‘Labor Commissioner’ Gets 16 Months in Prison

An Alhambra man who posed as a California deputy labor commissioner in an alleged attempt to extort money from his former employer, Temple City-based Jayco Acceptance Corp., has been sentenced to 16 months in prison after entering a plea of no contest to charges of obtaining funds through false pretenses. Representing himself to be the […]

Higher PBGC Premiums Make DB Plans More Apt to Borrow

Defined benefit plan sponsors have gained a new incentive to fully fund their pension plans – even if that requires borrowing, according to a recent research report. The Moving Ahead for Progress in the 21st Century Act enacted in mid-2012 raised U.S. Pension Benefit Guaranty Corp. premiums for plan sponsors maintaining an underfunded DB plan, […]

Did Misconduct Discovered During FMLA Leave Justify Termination?

By Lisa Berg, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. The U.S. 11th Circuit Court of Appeals—which covers Alabama, Florida, and Georgia—recently had to decide whether Dollar General violated the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA) when it terminated an employee based on its discovery during her […]

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, […]