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News Notes: Federal Discrimation Laws Don’t Cover Sexual Orientation

Medina Rene, a butler at the MGM Grand Hotel in Las Vegas, filed a lawsuit claiming that because of his sexual orientation he endured daily harassment by his male co-workers and supervisor. But the Ninth Circuit Court of Appeals threw out his case, reaffirming a 1979 ruling that discrimination on the basis of sexual orientation […]

News Notes: High Court Extends Deadline For Some Race Claims

  The U.S. Supreme Court has clarified that employees have four years rather than two to file bias claims under the Civil Rights Act of 1866, 42 U.S.C. Section 1981, which prohibits race bias in employment relationships. The decision makes it easier for employees to file such claims. The case involved a group of African-American […]

Rule on Reform’s Reinsurance Fee Clarifies Payments for Health Plans

Employer-sponsored plans that are secondary to Medicare are not subject to health reform’s expensive transitional reinsurance fee, nor are health flexible spending arrangements, health savings accounts and most health reimbursement arrangements. On March 11, 2013, the U.S. Department of Health and Human Services published its final regulation on the transitional reinsurance fee, which takes effect […]

Controversy Continues over NLRB Nominee

According to the New York Times, President Barack Obama has reportedly decided to renominate Craig Becker to the National Labor Relations Board (NLRB). Last summer, the President nominated Becker, Mark Pearce, and Brian Hayes to the U.S. Senate to be members of the NLRB. In December, Becker’s nomination was returned to the White House for […]

Garamendi Recommends Further Pure Premium Rate Cut

Last week, California Insurance Commissioner John Garamendi recommended a 15.3 percent drop in the pure premium rate for policies incepting Jan. 1, 2006. The commissioner’s recommendation was just shy of the 15.9 percent decrease that the Workers’ Compensation Insurance Rating Bureau (WCIRB) recently recommended to the commissioner.

Bulletin Item: Ruling On Deductions From Employee Bonuses Stands

Earlier we reported on a California appeal court ruling challenging Ralph’s Grocery Co.’s practice of subtracting certain expenses—including the store’s workers’ compensation costs and cash and merchandise shortages—when calculating employee profit-based bonuses. Now the California Supreme Court has declined to review the appeal court ruling holding that the grocer’s practice violated various Labor Code and […]

EEOC on the March–Charges, Investigations, and Claims

Yesterday’s Advisor offered take-aways from Littler Mendelson’s recently released Annual Report on EEOC Developments—Fiscal Year 2012; today, data on charges and investigations, plus an introduction to HR Dept One. Review of Charge Activity, Backlog, and Benefits Provided On November 19, 2012, the EEOC announced the publication of the FY 2012 Performance and Accountability Report.  During […]

News Notes: IRS Releases Compliance Materials for Retirement Plans

The Internal Revenue Service has issued new materials to help small businesses and plan administrators understand how to maintain the tax-favored status of employee retirement plans. A pamphlet explains the various correction programs operated by various federal agencies, and a CD-ROM includes more detailed information on the correction programs, guidance on qualification requirements and self-audit […]