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Prop 8 Unconstitutional, For Now

By Mark I. Schickman The legal status of gay marriage in California has been a rollercoaster ride. First, the California Supreme Court held that a ban on gay marriage was unconstitutional. Then California passed Proposition 8, writing a ban on gay marriage into the California Constitution — and the California Supreme Court bowed to that […]

FLSA Recordkeeping: Create, Maintain and Preserve

DOL commonly finds recordkeeping violations when it investigates an employer’s wage and hour practices. The most frequent violations of the FLSA’s recordkeeping rules fall into two categories: (1) creating and maintaining the proper records; and (2) preserving those records. Creating and Maintaining the Proper Records The FLSA does not require that records be kept in […]

Employers Will Bear Burden of Filling Reform Fund to Stabilize Individual Market

Employers that sponsor health plans are bracing themselves for a significant tax hit under health reform. Health reform’s transitional reinsurance program, which will require insurers and self-funded plans to pay billions of dollars to partly reimburse commercial insurers writing individual policies for patients with very high medical costs, imposes large costs on employers to further […]

Employee Benefits: New EEOC Guidance Covers Benefit Differentials Based On Disability And Pregnancy, Part 2

The Equal Employment Opportunity Commission recently issued new guidelines explaining how federal employment discrimination laws apply to employee benefits. Last month we examined the rules regarding age discrimination. This month we look at the EEOC guidelines dealing with disability and pregnancy discrimination.

IRS Releases 2011 Withholding Details

The IRS released details on withholding for 2011, including a payroll tax cut for employees. Employers can view early release copies of percentage method tables for income tax withholding in 2011 on the IRS website.

In Your Facebook: Routine or Risky?

Yesterday’s Advisor covered reasons why HR managers should avoid Internet background checks using Google, Facebook, MySpace, and other websites. But that’s not the end of the story. In our last issue, an HR expert cautioned managers to avoid Internet background checks of potential hires. Legally, she’s right. Realistically, HR people are doing them anyway. The […]

Teens in the Workplace: What Employers Should Know, Part 1

It’s hard to believe, but summer is almost here. And if you’re planning on hiring young workers to add to your ranks during the summer months, now’s the time to read up on the special safety rules that apply to teens in the workplace. In fact, May is Safe Jobs for Youth Month in California. […]

News Flash: New Bill Could Give Telecommuters Tax Credits

Legislation just introduced in the California Senate would create a pilot program offering tax credits linked to flexible work schedules. Employers in Alameda, Contra Costa, Los Angeles, Marin, Orange, San Francisco, San Mateo, SantaClara and Sonoma counties would be eligible for a $500 income tax credit for every employee placed on an alternative work schedule. […]

Federal appeals courts issue conflicting decisions on ACA subsidies

A few weeks after the U.S. Supreme Court dealt a blow to the Affordable Care Act’s (ACA) contraceptive mandate, federal courts are looking at a different aspect of the law—exchange subsidies. On July 22, there was a flurry of activity on the issue, with two federal appeals courts issuing conflicting rulings. States had the option […]

LGBT final rule for contractors published

The final rule implementing President Barack Obama’s Executive Order prohibiting federal contractors from discriminating against employees and applicants based on sexual orientation and gender identity has been published in the December 9 Federal Register. The rule implements Executive Order 13672, which Obama signed on July 21. The order directed the U.S. Department of Labor (DOL) […]