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Cal/OSHA Enforcing Heat Rules as Temps Rise Across the State

As temperatures rise across California, Cal/OSHA is stepping up enforcement of heat illness prevention requirements at outdoor worksites across the state. The agency targets employers who evade the law, which protects employees from heat-related illness. Enforcement efforts include statewide traveling “heat sweeps.” These are local district actions launched when temperatures soar and workers are at […]

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 […]

Ban Raises Texting-Driving Issues that Go Beyond Big Rigs

The federal Transportation Department’s announcement banning texting by drivers of commercial vehicles is sure to make employers think twice about their policies even if they don’t have trucks or buses on the road. U.S. Transportation Secretary Ray LaHood made the announcement January 26 that an interpretation of standing rules prohibits texting by drivers of commercial […]

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 […]

Family Leave: Court Says Employee’s Misleading Memo About Need for Leave Not an Adequate Notice; What’s Required

Suppose an employee asks to take vacation time over the Christmas holiday to visit his ailing parents—but he doesn’t mention that he will be caring for them during the time off. Do you have to grant the request for time off under the family and medical leave laws? A California Court of Appeal recently answered […]

Learn How New IRS Guidance on Windsor Affects Cafeteria Plans, FSAs, HSAs

On Dec. 16, the IRS issued clarifications on how the U.S. v. Windsor ruling on same-gender marriage affects the administration of cafeteria plans, flexible spending accounts and health savings accounts. IRS Notice 2014-1 is in the form of 10 questions and answers regarding midyear election changes, FSA reimbursements and contribution limits for HSAs and dependent […]