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Health Care Reform: Individual Mandate Penalties Further Refined

In proposed rules issued Jan. 27, the IRS clarifies how participants in employer-sponsored plans are to count employer contributions to HRAs and wellness program incentives when calculating their contributions to employer-sponsored coverage. In those rules, the IRS also allows temporary exceptions to health care reform’s definition of minimum essential coverage for government-sponsored limited-benefit plans, giving […]

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NYC Park Rangers May Be Owed Pay for Donning and Doffing, Says U.S. Appeals Court

by Angelo D. Catalano, Coughlin & Gerhart, LLP The Fair Labor Standards Act (FLSA) is a broad federal law that establishes the federal minimum wage, overtime pay requirements, and a plethora of other compensation-related standards. The Act provides guidance on what is and is not compensable work time. One of the questions that continues to […]

Diversity: The Ends Don’t Necessarily Justify the Means; How Two Important New Supreme Court Rulings Affect Employers

Regardless of whether your workplace has a formal diversity policy, it’s often hard to determine how and when race can be used as a criterion for hiring decisions. Two major new U.S. Supreme Court decisions offer some guidance. Although the cases deal with university admissions rather than workplace hiring, the court set out standards for […]

Violent Employees: Risk Assessment Checklist

It’s important to understand the warning signs that a worker might be headed for violent behavior. Here’s a list of stress factors, cues, and signals that many psychologists believe may indicate potential for violent behavior in the workplace. Of course, just how significant any of these factors may be will depend on your situation:

IRS to Hold Public Hearings on Governmental Plan Updates

The IRS and the Department of Treasury is still seeking public input on future standards to determine whether a retirement plan is a governmental plan under Code Section 414(d). According to the IRS, more guidance is needed for Section 414(d), as the statutory rules for governmental plans differ from those for nongovernmental plans. Further, changes […]

Hope Dims for Transit Benefit Parity

Employers may not have to adjust their qualified transportation fringe benefit programs after all — at least not just yet. A legislative provision that would have affected QTFBs by boosting the mass transit exclusion to the same level as that for qualified parking — the so-called “mass transit parity” provision — did not make it […]

Sexual Harassment: Teenager To Get $750,000 For Roughhousing By Supervisor

A recent case illustrates that sexual harassment claims can encompass actions other than traditional sexually oriented conduct. A 15-year-old student who was hired to answer the telephone at a nonprofit agency in the San Francisco area will receive $750,000 in a confidential settlement of his claim that a supervisor harassed him through aggressive “roughhousing” and […]

Feb. 27 Audio Conference to Detail Requirements – and Risks – of the New E-Storage Rules

Revised court procedures, now in effect, may forever change your way of storing e-mails and other e-messages. A special BLR audio-conference will tell you how you’re impacted. In January, BLR presented an audio conference on important changes in federal employment law for 2007. It was one of our best received events. As it turns out, […]

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 […]

State Fund Announces Big Rate Cuts on Workers’ Comp Policies

The State Compensation Insurance Fund (known as State Fund), California’s largest workers’ comp insurer, has announced an average 16 percent rate cut for policies effective on or after Jan. 1, 2006. This is the fifth consecutive decrease since 2004, marking an average cumulative drop of 38 percent for State Fund policyholders. This latest State Fund […]