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Pending Legislation: Bill Would Impose Big Penalties for Misclassifying Employees as Independent Contractors

A bill pending in the state legislature would crack down on employers that intentionally misclassify employees as independent contractors in order to avoid unemployment insurance responsibilities. The measure, A.B. 2186, authorizes the Employment Development Department to assess a penalty of $25,000 against any employer who willfully, purposefully, or intentionally misclassifies an employee as an independent […]

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.

HOT LIST: New York Times Bestselling Paperback Business Books

The following is a list of the bestselling paperback business books as ranked by the New York Times on May 19. 1. The Tipping Point: How Little Things Can Make a Big Difference by Malcolm Gladwell. How and why certain products and ideas become fads. 2. Getting Things Done: The Art of Stress-Free Productivity by […]

Holiday Parties Are All the Rage in 2005

According to a new survey by HR consulting firm Hewitt Associates, almost three-quarters (74 percent) of employers are planning to host a party for employees this holiday season. Twenty-seven percent of these employers plan to spend $5,000 or less on their parties, 30 percent will pay between $5,000 and $20,000, and 15 percent will spend […]

Retaliation: New Corporate Corruption Law Protects Whistleblowers; A 4-Point Protection Plan

In response to the highly publicized corporate accounting scandals involving Enron, WorldCom and a host of other companies, President Bush recently signed into law the Sarbanes-Oxley Act, creating tougher new rules for auditing and financial disclosures at publicly traded companies and for protecting shareholders’ interests. The new law also has some serious implications—including both civil […]

PBGC May Exempt Most Companies, Pensions from ‘Reportable Events’ Rules

The Pension Benefit Guaranty Corp., in a policy reversal, has agreed to exempt most companies and their pension plans from sweeping “reportable events” requirements first proposed in 2009. This news should be a relief for the many small or financially sound companies with defined benefit plans that had expressed concern about reporting relatively minor business […]

Employee Lawsuits: Settlement Using Preprinted Workers’ Comp Release Form Doesn’t Cover Other Claims; Drafting Points

Carolyn Claxton was an office assistant for Pacific Maritime Corp. She filed workers’ comp claims against Pacific Maritime for a slip-and-fall injury and for an injury to her “psyche due to sexual harassment.” She then filed a sexual harassment lawsuit against Pacific Maritime and manager Ray Waters.

When world events hit the workplace

by Mark Schickman Statistics from the Equal Employment Opportunity Commission show that charges of discrimination based on religion and national origin are the fastest growing categories in the past decade. Of course, that coincides with the aftermath of 9/11 and, rational or not, American anger and suspicions over Middle Eastern Arab communities. This shift in […]

Employee Leaves Of Absence: Law Permitting 40 Hours Leave To Attend Children’s School Activities Revised

Governor Wilson recently approved a measure changing the little-known but important statute that allows employees to take unpaid time off to participate in their children’s school activities. The law continues to apply to private, state and municipal em- ployers who have 25 or more employees working in the same location. Our HR Management & Compliance […]