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News Notes: Medicare Fraud Whistleblower Gets Over $34 Million

A recent case provides a dramatic example of how great the financial incentive can be for employees to blow the whistle on their employer. Donald McLendon, a former health care executive, will receive over $34 million for giving the government information about unlawful billing and fraud by his former employer Olsten Corp. and hospital giant […]

Short Takes: Recording Phone Calls

I know that California law requires both parties’ consent to record or monitor phone calls. So if we intend to record or monitor incoming phone calls, we need to have a recording that says that the call may be monitored or recorded. However, what if we are calling out to a customer or client? At […]

Short Takes: Unpaid Days Off

What are the legal and pay issues around unpaid time off, especially for exempt employees? Our internal surveys show that our employees want more time off, and we want to respond—we want to be a “great place to work.” But we just don’t see that we can afford to add paid vacation or personal days. […]

Employers Face More Challenges in Covering Same-gender Spouses

Many hoped that the U.S. Supreme Court’s ruling in U.S. v. Windsor would clear up the confusion regarding what employers and plan administrators can and should do if they have employees with same-gender spouses. Alas, that was not to be. As 2014 approaches, employers face as many complications as ever. Rather than simplifying matters, the […]

Sexual Harassment: New Legislation Exposes You To Liability For Low-Level Supervisors’ Misconduct

Under California law, you can be automatically liable for harassment committed by your managers and supervisors even if you had no notice of the problem and did nothing wrong. But just who qualifies as a supervisor has long been a troubling and important question because your chances of being held responsible increase as more employees […]

Violence Against Women Reauthorization Act passes

The Violence Against Women Reauthorization Act passed its last congressional hurdle February 28 when the House voted 286-138 in favor of the Senate-approved version of the bill. President Barack Obama has promised to sign the measure. The original Violence Against Women Act (VAWA) passed in 1994. The most recent version expired in October 2011, and […]

DOWNER: Transit benefit capped at $125/month starting Jan. 1

Your employees might be disappointed when they learn their tax exempt transit benefits are no longer $230 next month. Commuter benefits for mass transit are a top benefit offered by companies. But the monthly $230 cap for mass transit is set to be cut nearly in half to $125 a month in just six days – […]

New Legislation Would Make Proving Age Discrimination Easier

Democrats introduced a new bill yesterday that would make it easier for employees to win age discrimination lawsuits under the Age Discrimination in Employment Act (ADEA). Three congressional committee chairmen — Representative George Miller (D-California), Senator Tom Harkin (D-Iowa), and Senator Patrick Leahy (D-Vermont) — introduced the Protecting Older Workers Against Discrimination Act, a bill […]

Federal Court Allows Employee’s Equal Pay Claim to Move Forward

By Martin J. Regimbal, JD, The Kullman Firm The federal trial court in Aberdeen, Mississippi recently addressed an employee’s Equal Pay Act (EPA) claim. The Act requires that all employees who perform equal work receive equal pay unless a pay differential is justified by a factor other than sex. Although the employer provided reasons for […]