Most Popular

Class Actions Threaten "Enormous’ Financial Risk: Seyfarth Shaw

For the coming year, the financial risks of class action litigation are “enormous,” says attorney J. Stephen Poor, and more often than not, class actions adversely affect your market share and impact your reputation in the marketplace as well. Poor, who is the Managing Partner of law firm Seyfarth Shaw LLP, made his remarks in […]

News Notes: OFCCP Sets Guidelines For “Functional” Affirmative Action Plans

Recent changes to affirmative action program rules permit government contractors to organize plans based around their functional or business units, rather than based solely on an establishment’s location. The Office of Federal Contract Compliance Programs has now issued guidelines for contractor requests to submit a “functional” affirmative action plan, or FAAP, including whether the functional […]

Dealing with bad calls

When things don’t go as planned

If you’ve read many (any?) of my writings, you may have gathered that I’m a sports fan and often use sports-related stories to make a point. This week is no different. Earlier this NFL season, I, like many football fans, suffered through the debacle that was the replacement referees. I’m sure you recall those ill-prepared […]

News Flash: Interim Wage Order Under Fire; More Changes May Be Coming

 The cover story in the March issue of California Employer Advisor highlights several important provisions of the new Interim Wage Order, which took effect March 1. Now the Industrial Welfare Commission has announced that it will hold a hearing to discuss proposed changes to the wage order. The hearing will take place in Sacramento on March 31. Some […]

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 […]

News Notes: Federal Court Defines Duty To Notify Employees About Proposed Benefit Plan Changes

We reported in April on a federal court decision from Kentucky involving IBM which held that under federal law, if you’re seriously considering changes to a retirement benefit plan, you must tell your employees. Now, in a pair of new cases, the federal Ninth Circuit Court of Appeal has reached the same conclusion, explaining that […]

Another Employer Hit With Class Action Over Tips

Caribou Coffee, a Minnesota-based coffee shop chain, has been slapped with a class action lawsuit charging that the company violated state labor laws, similar to California’s, that bar management from sharing in customer tips left for employees. The lawsuit was filed close on the heels of a California court’s ruling in March 2008 that Starbucks […]

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. […]