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Parental Rights In The Workplace: You Now Must Provide Accommodations For Nursing Mothers

All employers, including state and local government agencies, will have to accommodate nursing mothers’ needs at work under a new law Gov. Davis has signed. A.B. 1025 takes effect Jan. 1, 2002. Meeting Breastfeeding Workers’ Needs Under this new measure, you must provide a reasonable amount of break time to accommodate an employee who desires […]

Reasonable Accommodation: Court Examines Limits to Employer’s Obligation to Engage in Interactive Process with Disabled Employee

When Pacific Bell service technician Clarence Allen became disabled, his doctor told the company the disability prevented Allen from performing anything other than sedentary work. Allen then asked Pacific Bell to accommodate his disability by allowing him to return to his service technician position without requiring him to climb poles and ladders. Requested Accommodation Denied […]

Supreme Court to Rule on Whether Health Reform Stands or Falls

Fast on the heels of the latest pertinent appeals court ruling, the U.S. Supreme Court definitively announced on Nov. 14 it will decide the question of whether Congress exceeded its powers to regulate commerce when it required people to buy health insurance as part of health reform (or in the converse, whether the individual mandate is allowed […]

DOL Extends Comment Period on Proposed Domestic Caregiver FLSA Exemption

Today the Labor Department extended the comment period for proposed changes to the Fair Labor Standards exemption for domestic caregivers. To date the agency has already received a flood of comments on the proposed regulation which would remove domestic caregivers from the Fair Labor Standards Act’s current exemption from minimum wage and overtime pay. Currently, the FLSA provides […]

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).

Hiring: Do We Really Need an At-Will Statement in All Employee Documents?

We are in the process of reworking all of our selection and hiring paperwork. I’m trying to insist on strong at-will language throughout, from application to offer letter to handbook. But our management is trying to improve retention and wants to brand the company as “a great place to work.” They think the at-will language […]

Final HITECH Omnibus Rules Tighten Breach Notification

The HITECH Act is now here in full. The whole litany of tighter privacy and security requirements is in the long-awaited, long-delayed “omnibus” rules finalized Jan. 17 by the U.S. Department of Health and Human Services, and most of these will have to be met by this Sept. 23. The omnibus rules also include changes […]

Planned Merit and General Increases by Size and Industry: Survey Results

In yesterday’s Advisor, we saw survey results for planned increases by company location and employee level. Today, increases by company size and industry, plus an introduction to BLR’s popular Job Descriptions Encyclopedia. BLR’s 2012 Pay Budget Survey was conducted in June 2011. A total of 1637 organizations participated. Here are the rest of the results: […]

News Notes: Undocumented Worker Gets Green Light To Sue Employer For Retaliation

The day after Charanjit Jutla agreed to pay $70,000 to settle a claim for unpaid wages by his nephew, Macan Singh, Jutla turned Singh over to immigration authorities. As a result, Singh-an undocumented worker-wound up in jail and is awaiting INS deportation proceedings. Now a federal judge in San Francisco has ruled that Singh can […]

Employer Mandate Delayed: Obama Gives in to Employer Concerns over Reform

In a startling move, the Obama administration delayed the employer mandate (for companies with 50 or more workers) to offer health insurance to workers or pay a penalty, until January 2015 (a one-year delay) while it reassesses employer reporting burdens and gives employers more time to arrange compliance with the health care reform statute and […]