Short Takes: Cell Phones
We have a lot of teenagers working here this summer. Does California’s new cell phone law have more stringent restrictions for them than for adults?
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Bulletin Item: DOL Releases Long-Awaited Overtime Exemption Rules
On April 20, the U.S. Department of Labor released the final and long-awaited changes to the white-collar overtime exemption rules under the Fair Labor Standards Act (FLSA). The final version, which takes effect in late July 2004, contains some big changes from the earlier proposed version, including expanding the pool of employees eligible to receive […]
Short Takes: Dress Codes
Our dress code says females working in the office cannot wear pants. One of our ladies says that in California, women have a “right to wear pants.” Is this true?
Criticism in store for Obama’s choice for DOL
President Barack Obama’s choice of Thomas E. Perez for secretary of the U.S. Department of Labor is likely to face tough questions during the process of confirmation by the Senate. If confirmed, Perez will replace Hilda L. Solis, who stepped down as labor secretary in January after serving in the post four years. Foes of […]
News Notes: Employment Cases On Supreme Court Docket
The U.S. Supreme Court will take up several workplace-related cases this year. In one, the court will review a Ninth Circuit ruling regarding the type of evidence a terminated employee can use to prove job discrimination when an employer has both legitimate and illegal reasons for the discharge. Other cases on the court’s docket involve […]
News Notes: Court Tosses Out Class-Action Suit Against State Fund
Following a 113-day trial, a San Francisco judge threw out a $1.1 billion class-action lawsuit charging State Compensation Insurance Fund, the state’s largest workers’ comp insurer, with unfair claims reserving and business practices. The suit alleged that from 1989 to 1995, State Fund maintained an illegal claims reserving standard, overcharging its policyholders. The judge’s written […]
IRS Notice Provides Relief Regarding Non-Qualified Deferred Compensation Plans
The IRS recently issued Notice 2007-100, which gives employers an opportunity to correct unintentional operational mistakes concerning nonqualified deferred compensation plans. Internal Revenue Code Section 409A, which covers these plans, specifies the manner in which they must be reported to avoid premature taxation. The notice gives employers the opportunity to self-correct unintentional operational errors—the failure […]
Short Takes: Reference Checks
We’re trying to set up our policy for doing reference checks on final applicants. Can you help us with some basic guidelines? What if the former employers won’t talk? Job Descriptions in California: How To Tackle Tricky Drafting Hurdles Job descriptions can be your best friend or your worst enemy from both a practical and […]
News Bulletin: FMLA Opinion Withdrawn
The Ninth Circuit Court recently withdrew its decision in Gradilla v. Ruskin Mfd. that held leave taken to accompany a spouse to a funeral was not protected family leave. The opinion was withdrawn at the request of the parties, which means employers can no longer rely on the decision. Continue watching California Employer Advisor for […]
‘Through’ Fund Strategy May Serve Near-retirees Best, Vanguard Says
While most U.S. retirement plan participants age 60 or older move their assets out of employer plans within five years of leaving a company, they often don’t touch the funds for years after that, a new report by money manager Vanguard found. As a result, Vanguard suggests to plan sponsors, this tendency of older terminated […]