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Disability Discrimination: New Legislation Strengthens Worker Protections

Gov. Davis has signed into law a sweeping measure, A.B. 2222, that strengthens the disability discrimination protections for California employees. Because the new law—which goes into effect Jan. 1, 2001—could bring a flood of new disability-bias lawsuits, it’s more important than ever to use caution when handling accommodation issues.

FLSA: Do Tipped Workers Have a Minimum Wage Claim?

by Steven L. Brenneman Employers with workers who earn tips have long struggled with adhering to special rules for tipped employees, especially when those employees may also perform duties that don’t produce tips. A recent decision by the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—provides some much needed clarity and comfort […]

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 […]

California’s High Court Expands Benefits Protections for Domestic Partners

On Jan. 1, 2005, the California Domestic Partner Rights and Responsibilities Act (DPRRA) went into effect, giving registered domestic partners the same rights, duties, benefits, and responsibilities that spouses enjoy under California law. Now, the California Supreme Court, in its first ruling under the DPRRA, has said that the law creates broad responsibilities for businesses […]

Accommodating Employees: Employer Agrees To Settle Suit By Hearing-Impaired Employee

A hearing-impaired worker in Los Angeles who requested a sign language interpreter for meetings–and instead was allegedly told by her supervisors to read lips and try harder–will receive $100,000 to settle her claim that her employer failed to accommodate her under the Americans with Disabilities Act. In a confidential settlement, the government employer also agreed […]

OSHA Rules Flesh out Health Reform’s Whistleblower Provisions

Employers that retaliate against employees for reporting violations of certain health reform requirements could be subject to government investigations and hearings, as well as damages that include back pay awards and compensatory damages, under interim final rules issued Feb. 22 by the U.S. Department of Labor’s Occupational Safety and Health Administration. The rules flesh out […]

Short Takes: Performance Goals

We have a service repair technician who is required to repair 12 instruments a year, but due to a 3-month Family and Medical Leave Act absence was only able to repair 6. May we view him as an unsatisfactory performer and reduce his merit raise?

Should We Train Managers As We Do Shamu the Whale?

BLR founder Bob Brady’s look at manager training may be tongue-in-cheek, but there’s a really important principle behind it. There was a wonderful article by author Amy Sutherland in The New York Times recently. She wrote about how animal training technique helped her train her husband. The article could help us train managers and supervisors, […]

COBRA

Court Recasts ERISA/Tax Claim Under PHSA, Allowing COBRA Notice Case to Proceed

By Gwen Cofield Governmental employers and the benefit plans they sponsor are generally exempt from the Employee Retirement Income Security Act’s (ERISA) Consolidated Omnibus Budget Reconciliation Act (COBRA) provisions but are still required to offer COBRA coverage to qualified beneficiaries under the Public Health Service Act (PHSA).

News Notes: New Overtime Rules Coming January 1: Are You Ready?

As of January 1, 1998, most private-sector, non-union employees will be entitled to overtime only after 40 hours in a week rather than eight hours in a day. The industries affected are manufacturing; public housekeeping; professional, technical and clerical; mercantile; and transportation. If you’re covered, you need to be prepared. First, if you haven’t yet […]