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News Notes: Independent Contractor’s Employee Can Sue If You Provide Unsafe Equipment

According to a recent California Court of Appeal decision involving Wal-Mart, you can be sued by an independent contractor’s employee if you supply equipment that’s involved in an accident injuring the worker. Wal-Mart had hired Musi-Cal to install a sound system in the retailer’s Chino, Calif., store. The work involved placing speakers and running wires […]

News Bulletin: Government Hunting Down Late Form 5500 Filers

The federal Department of Labor and the Internal Revenue Service have announced that they’re tracking down delinquent filers of Form 5500, which is required to be filed annually for benefit plans. And in December 2002, the agencies plan to begin sending out letters of inquiry to delinquent filers. Penalties for late filing can be steep, […]

Based on Latest HHS Data, Young Adults Should Love Health Reform

Health care reform may be responsible for a rise in partisan bickering, but what is also rising is the number of young adults with health insurance — 1 million more since last year,  according to the U.S. Department of Health and Human Services (HHS). In the first quarter of 2011, the percentage of adults between […]

Conciliate First, Court Tells EEOC as it Tosses out Lawsuit

The U.S. Equal Employment Opportunity Commission may not sue an employer unless it has engaged in pre-litigation conciliation — even for pattern or practice claims — a federal district court has held. The U.S. District Court for the Northern District of Illinois Oct. 7 dismissed an EEOC suit alleging that CVS Pharmacy’s separation agreement violated […]

Employment Law Tip: Do Your Hiring Ads Screen Out Older Workers?

As the American workforce ages, the potential for running afoul of age bias laws is increasing for employers. As a result, all employers should consider how they can alter their policies and practices to reduce their risk of getting hit with an age bias suit. One place to begin is to review your hiring practices, […]

Be “sure” before classifying a worker as an independent contractor

Never base a worker classification decision on uncertainty, according to attorney Christine Walters. Walters, a Maryland HR consultant presenting at the Society for Human Resource Management’s legislative conference in Washington, D.C., March 5,  ticked off the many reasons employers might be inclined to classify a worker as an independent contractor. Among them: to avoid paying […]

Asian Harassment Based on African American Racial Slurs

The New Jersey Division on Civil Rights (DCR) recently issued a probable-cause finding against an employer and its owner. The owner admittedly used the “n” word in the presence of an Asian employee who has a biracial child and a black fiance. Facts In February 2008, Shi-Juan Lin started working as a bookkeeper and secretary […]

Judge Supports Employee Request for Benefit Details

By Jane Meacham Employers and plan administrators may want to err on the side of providing more information, not less. That is one of the messages behind a recent decision by the U.S. District Court for the Northern District of Ohio, Western Division. In Arp v. Whirlpool Corp.,  Case No. 3:12 CV 770 (July 10, […]