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Judge Rejects Challenge to ACA Tax Credit, Shores Up Individual Mandate

On Jan. 15, the U.S. District Court for the District of Columbia held that the IRS can issue premium tax credits (under the Affordable Care Act) to individuals whether they enrolled for coverage through a federally or state-run health insurance exchange. The complaint was brought by three employers and four individuals, including Jacqueline Halbig, who […]

News Notes: Cop’s Sexually Explicit Videos On Internet Amounted To Protected Speech

San Diego police officer John Roe claimed his free speech rights were violated when he was fired for selling sexually explicit videos of himself on the Internet. The Ninth Circuit explained that a public employee’s speech is protected and cannot be abridged without good cause when it touches on a matter of “public concern” rather […]

News Bulletin: New CEA Board Member

We are pleased to welcome Shawna Swanson, the newest member of our Editorial Review Board. Ms. Swanson, a partner in the San Francisco office of Fenwick & West, has represented employers in litigation relating to harassment, wrongful termination, and employment discrimination. Ms. Swanson also provides advice to employers concerning personnel policies, wage and hour laws, […]

Executive Compensation: Deferred Compensation Plans May No Longer Be a Given

Of course you offer an executive deferred compensation plan; it’s a given, right? Both the executives you’re trying to recruit and your own staff expect you to have one. What’s more, if you’re competing for talent with the company across town and it has a deferred comp plan, you’d better have one, too. And what […]

Hiring: EEOC Issues New Guidance on Tests and Selection Procedures

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a new fact sheet explaining how federal nondiscrimination laws—including Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act—apply to employer tests and other selection procedures used to screen applicants for hire and employees for promotion.

Sharing The Wealth

The California Supreme Court recently ruled that employers may lawfully use net-profit-based incentive plans to compensate their employees.1 Employers may base profit-based bonus or incentive plans on the traditional measure of company profits, regardless of whether the employee is exempt. Before the ruling, an employer would have had to add workers’ comp and other business-related […]

Survey Says: Health Costs Boggle, But Employers Won’t Cut Coverage

By Stephen D. Bruce, PHR Editor, HR Daily Advisor Nearly 70 percent of respondents to a recent BLR/HRHero survey on health insurance benefits said they expect their health insurance costs to rise in 2012, but an equal number believe that health insurance is too important a part of the compensation package to consider eliminating it. […]

Taxes: New Tax Notice Must Be Sent to Employees

Employers must give employees written notice of their possible right to take an Earned Income Tax Credit on their federal tax returns, as required by a new California law, A.B. 650, that took effect on January 1. The new provision applies to all employers and employees covered by California’s unemployment insurance law.

Time To Prepare for 2011

The ringing in of the New Year brings with it new state and federal regulations, legislation, and court decisions that California employers need to be on top of. But what’s most pressing? What do you really need to act on rather than just monitor?