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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 […]

Bulletin: Industrial Welfare Commission Falls Victim to Budget Cuts

The California Industrial Welfare Commission (IWC) is no longer in operation. State budget cutbacks eliminated the IWC, which determined wages, hours, and working conditions of employees in various occupations, trades, and industries. The agency also published wage orders. However, employers are still required to post the appropriate wage order in their workplace, and the Division […]

Administration Loosens Individual Mandate to ‘Un-cancel’ Policies

The Obama administration on Nov. 14 proposed an administrative fix to allow individuals and small businesses losing coverage to keep their plans for another year. The fix was necessary in part because many people who lost coverage: (1) could not enroll for coverage on reform-mandated state-based health insurance exchanges due to problems with the government’s […]

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 […]

This Week’s Changes to Federal Employment Laws

For the third week in a row, Congress and President Barack Obama have made changes to federal employment laws or regulations. First, it was the Lilly Ledbetter Fair Pay Act. The next week, President Obama signed executive orders affecting federal contractors and unions. And this week brings us the stimulus plan with changes to COBRA […]

Sept. 23 Is the Key Date to Know the ABCs of SBCs

In some years, Sept. 23 represents the Autumn Equinox, but in 2012 for health plan sponsors and administrators, it triggers the compliance date for a key disclosure requirement under health reform: the distribution of summaries of benefits and coverage, beginning with open enrollment periods and/or plan years that begin on or after Sept. 23. Here […]

A Peculiar Line of Commerce: Supreme Court Weighs FLSA Status of Rx Sales Reps

The pharmaceutical industry made its case to the U.S. Supreme Court April 16 that pharmaceutical sales representatives (PSRs) are “outside salesmen” under the Fair Labor Standards Act and thus are exempt from the FLSA’s overtime requirements. A lot is at stake in the Court’s upcoming decision, since requiring overtime pay for PSRs could impose billions […]

News Notes: New Law Expands Right To Time Off For Court Appearances

A new measure signed by Governor Davis expands existing law that permits employees to take unpaid time off from work to serve on a jury or act as a witness. The new law specifies that an employee who is a victim of domestic violence or other crimes may also take time off to attend court […]