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Legislation Special Report: Health And Safety

Smoking by Public Employees Under existing law, neither employees nor members of the public may smoke inside a state-owned or state-occupied building, or a state-leased and state-occupied building, or within five feet of the main exit or entrance of these buildings, or in a state-owned passenger vehicle.

News Notes: Revised Ergonomics Regulations Pass

On April 17, the California Occupational Safety and Health Standards Board voted to adopt rewritten and clarified workplace ergonomics regulations aimed at reducing repetitive motion injuries. The regulations probably won’t take effect before early July-assuming threatened lawsuits from employer and labor groups don’t cause further delays. We’ll have a full report in an upcoming issue. […]

News Notes: Employers Sued By Testers For Hiring Discrimination

Undercover testers-individuals who apply for jobs solely to scope out hiring bias-continue to cause trouble for some employers. The owner of five San Francisco McDonald’s franchises is the latest lawsuit target. Several African-American job seekers were allegedly told that no positions were available or were told to apply in a “ghetto” neighborhood. Others were flatly […]

News Notes: Court Says Restaurant Can Deduct Credit Card Service Fees From Tips

California law forbids employers from taking any part of an employee’s tips. But a trial court has decided this rule didn’t prevent The Castaway restaurant in Burbank from withholding a portion of waiters’ tips that were paid with credit cards to help defray charge card transaction fees the restaurant had to pay. The state Labor […]

Good News on Maximum Length of Stay for Intra-company Transferees

By Gilda Villaran It’s common for companies to fill executive positions in Canada and the United States with one executive. That person is based in the United States and commutes to Canada on a regular basis to provide services to the Canadian affiliate. Since such executives are providing services to a Canadian company, they can’t […]

Privacy: New Restrictions on Using Social Security Numbers in Mailings; Public and Private Employers Now Covered

In July 2002, a law took effect restricting the display of consumer Social Security numbers (SSNs) by California businesses. Although the law wasn’t targeted at the workplace, it had implications for employers’ use and display of worker SSNs. On Jan. 1, 2004, a follow-up law will further limit SSN use in mailings. Here’s what you […]

GINA, State Statues, and Your Wellness Program

Yesterday’s Advisor warned of potential legal hassles for wellness programs under HIPAA and NLRA; today, threats from GINA and the states, plus an introduction to the popular wellness guide that will help your program achieve best practice ROIs. Genetic Information Nondiscrimination Act (GINA) GINA (which prohibits discrimination on the basis of genetic information with respect […]