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Negligent Hiring: Court Says You Can Be Sued For On-The-Job Injuries To An Independent Contractor’s Employees; 4 Key Steps To Take

Suppose an employee for a contractor you’ve hired gets injured on the job. Typically, the employee’s only recourse is to seek workers’ comp benefits from the contractor. But a new California Court of Appeal ruling exposes a problem that you might not expect when using independent contractors: You can be sued if the contractor’s employee […]

The Truth About Juries: Court in the Real World

Are juries worried about whether the facts meet the second prong of a prima facie case? asks attorney Edward M. Richters, No, they get to the jury room, and someone says, “Boy, did that guy get hosed.” Or, maybe, “She had it coming to her.” Bottom line, says Richters, “How would I want to be […]

Guidance to Help You Avoid Get Dragged into Court

The best way to fight age discrimination lawsuits isn’t before a jury, but with preventive practices and proactive strategies that keep you out of court in the first place. The California Employer Advisor’s Special Report, “The Complete Guide to Understanding and Preventing Age Bias in the Workplace,” gives you information on what constitutes age discrimination […]

News Notes: High Court To Decide Whether HIV Is A Disability

The U.S. Supreme Court has agreed to resolve conflicting lower court decisions about whether people who are HIV-positive, but don’t have any AIDS symptoms, automatically qualify as disabled under the Americans with Disabilities Act. The case, which involved the part of the law dealing with discrimination in public accommodations, arose when a dentist refused to […]

Hiring Independent Contractors: New Case Says Contractor’s Employees Can’t Sue You For On-The-Job Injuries, But Caution Still Required

If an employee of a contractor you’ve hired gets injured on the job, the person can seek workers’ comp benefits from the contractor. But can the worker also come after you with a lawsuit for damages—arguing that you put them at risk by not ensuring that the contractor was competent to perform the work? The […]

First Wave of Health Care Reform Changes Arrives September 23

Tomorrow, it will be six months since President Barack Obama signed health care reform into law. However, September 23 is not only health care reform’s six-month anniversary but also the day several significant provisions under the health care reform package (the Patient Protection and Affordable Care Act and the Health Care and Education Affordability Reconciliation […]

IRS to Answer Your Questions on 401(k) Compliance

As a follow-up to its “Section 401(k) Compliance Check Questionnaire Interim Report,” the IRS will host a phone forum March 6. The phone forum will be hosted by Monika Templeman, Director of Employee Plans Examinations at the IRS, along with IRS employees Janice Gore and Rhonda Migdail. Submit any questions you have about the Interim […]

What Tennessee Election Results Mean for Employers

By John B. Phillips, Jr. After the midterm elections, Tennessee’s congressional delegation will be made up of seven Republicans and two Democrats, a net gain of two seats for the GOP. Tuesday’s election continues Tennessee’s move toward a solid-red Republican state. Both U.S. Senators are Republicans, though neither was up for election this year. In […]

News Notes: Court Rules You Can Correct Family Leave Mistakes

A court has decided that an employer who granted federal family leave to someone who wasn’t qualified to take it can later correct its mistake, despite a government regulation that says otherwise. The employer in the case had told a pregnant worker, Susan Seaman, that she was entitled to family leave, but it turned out […]