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Family and Medical Leave: Supreme Court Says State Employers Can Be Sued for FMLA Violations; Little Impact in California

In recent years, several U.S. Supreme Court rulings have barred employees from suing states under a variety of federal employment statutes, including the Age Discrimination in Employment Act and the Americans with Disabilities Act. But a new high court ruling gives state workers a victory, finding they can sue their employers for violating the Family […]

Employment Law Tip: Direct Deposit—Don’t Force It

Direct payroll deposit can be a real timesaver for employers and employees alike. But did you know that California law prohibits employers from requiring employees to use direct deposit for their paychecks? Specifically, Labor Code Section 213 makes it clear that employers can use direct deposit, but only when the employee voluntarily authorizes it. Additional […]

Can You ‘Bribe’ Employees Not to Smoke?

Yesterday’s Advisor talked about smoking bans. Today we’ll discuss antismoking “bribes”—more politely, incentives–and a guide that has helped thousands of companies to develop wellness programs of their own. Under federal law, employers may establish employee health assessment and promotion programs as long as the programs meet the following requirements: Employee participation is voluntary; Information obtained […]

Whistleblowing: Worker Gets $37 Million For Turning In Employer

A recent case dramatically illustrates the financial incentive employees have to blow the whistle on their employer. A federal judge has awarded $24 million to Robert Merena, a former SmithKline Beecham billing analyst who charged that the company defrauded the government by billing for unauthorized and unnecessary lab tests under Medicare and other government programs. […]

Guaranteed New Year’s Resolution—Bulletproof FLSA Compliance

Happy New Year, readers. Here’s one resolution that you can easily keep—to audit your exemptions and pay practices (before the feds make good on their resolution to do it for you).  If yours is like most organizations, you’ll get the biggest bang for your New Year’s buck with an FLSA audit. The astounding amounts of […]

Relationships 101

No, I’m not here to talk about your love life. I’ve been married for 23 years and I would never presume to have the least bit of insight to share with you regarding that topic. And my wife would gladly confirm that if I did provide any advice, you’d be best to ignore it! I’d […]

DOL Seeking Comments on Lifetime Income Proposal for Retirement Plans

Regulatory guidance is closer to fruition that may help 401(k) and 403(b) plan sponsors better educate plan participants on lifetime income options, and may allay their concerns about the expense and legal risk of doing so. On May 8, the U.S. Department of Labor’s Employee Benefits Security Administration issued an advance notice of proposed rulemaking […]

Should You Strive to Know Less About Your Employees?

In yesterday’s Advisor, attorney Joseph L. Beachboard talked about the increasing threat of retaliations lawsuits.  Today, steps you might have to take, plus an introduction to the other great lawsuit preventer, the HR audit. Eric had Standing First, back to Eric from yesterday’s Advisor. The Supreme Court found that Eric, who was fired because of […]

News Notes: Big Child Labor Settlement

Sears Roebuck & Co. has agreed to pay a $325,000 fine to settle allegations that it violated federal child labor laws. Investigators allegedly found violations involving a total of 227 minors at over 60% of the Sears stores that were investigated. The violations included allowing 16- and 17-year-olds to operate power-driven equipment and letting teens […]

OSHA to Publish Five New Final Rules in 2011

On Wednesday, January 5, the Occupational Safety and Health Administration (OSHA) hosted a live Q&A Web chat to answer questions about its Fall 2010 Regulatory Agenda. The assistant secretary of labor for OSHA, Dr. David Michaels, started the session by listing some of OSHA’s 2010 achievements. He noted that the agency: published final rules/interim final […]