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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 […]

IRS Releases 401(k) Compliance Check Survey Results

There are more than half a million 401(k) plans in the United States, covering 60 million Americans, says the IRS. That is just some of the information in the 401(k) Compliance Check Questionnaire Interim Report, which the IRS released on Feb. 16, 2012. The report summarizes survey responses from 401(k) plan sponsors that filed a […]

Avoiding Unclear Employment Handbook Provisions 101

An employee handbook is one of the most important documents an employer can maintain. It serves as a guide for employees, establishes workplace expectations, and helps ensure consistent application of company policies. A handbook also gives supervisors and managers a common reference point when questions arise regarding discipline, leave, benefits, workplace conduct, remote work, technology […]

News Notes: Court Clarifies Date Of Injury For Purposes Of Determining Workers’ Comp Liability

  A California appeal court has ruled that for purposes of determining whether an employer is liable for an employee’s occupational disease or cumulative trauma injury, the date of injury is when the employee first suffered either temporary or permanent disability—not when medical treatment was received. The ruling is important because, with work-related disease or cumulative […]

PBGC Proposes Facilitating DC-to-Pension Plan Rollovers

As more 401(k) plan participants look for retirement savings options that resemble traditional pensions, the U.S. Pension Benefit Guaranty Corp. has proposed exempting  DC-to-DB rollovers from maximum guarantee and five-year phase-in limits. The agency in early April proposed regulations that would amend its rules on allocation of assets and benefits payable in terminated single-employer plans to clarify […]

Legislative Update: New Workplace Laws On Horizon

As we went to press, the current state legislative session was drawing to a close, and a host of important bills that could significantly impact employers were pending. Here’s a rundown on key employment legislation on the docket in Sacramento and a quick overview of new federal laws under consideration.

News Notes: Ninth Circuit Says Alter-Ego Employees Jointly Liable for Unpaid Wages

According to a new Ninth Circuit ruling, a group of health care employees who worked more than 40 hours a week, with the time split between two employers, was eligible for overtime pay because the companies qualified as a single enterprise. The two companies, A-One Health Care and Alternative Rehabilitation, had substantially merged their operations […]

News Notes: New Fed/OSHA Ergonomics Rules May Be On Hold

The U.S. Senate and House of Representatives have blocked funding for new national ergonomics rules intended to reduce repetitive motion injuries in the workplace. The rules, which would affect an estimated 27 million employees whose jobs involve repetitive tasks or manual labor, would impose heavier burdens on employers than existing California standards. The vote prevents […]

Employee or Independent Contractor?

Under the wage orders, “to employ” means to “engage, suffer, or permit” someone to work for you. Sound confusing? It can be. The simplest approach is to assume that any person who does work for you that is part of your company’s business (who does some part of the work necessary to make the goods […]

News Flash: Coca-Cola Agrees To Record $192.5 Million Settlement

Coca-Cola has settled a race bias class action lawsuit for an unprecedented $192.5 million. The case was brought by 2,000 African-American workers who claimed they were systematically bypassed for raises and promotions. Coke has also agreed to a complex company-wide restructuring plan with pay equity adjustments phased in over 10 years. Plus, Coke will link […]