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Mandatory Arbitration: Ninth Circuit Tosses Out One-Sided Agreement

Last year, the U.S. Supreme Court approved the use of mandatory arbitration agreements for employment disputes in a lawsuit brought by a Circuit City employee. But now the Ninth Circuit, after taking a second look at the arbitration provisions in that case, has tossed out the agreement, ruling that it was unduly lopsided and didn’t […]

Supreme Court Raises Bar for Class Actions

In a ruling that will make it more difficult for employees to mount massive class action lawsuits against employers, the U.S. Supreme Court has reversed class certification previously granted to 1.5 million female Wal-Mart employees alleging sex discrimination against the retail chain. Overturning a 9th U.S. Circuit Court of Appeals opinion, the Court found that […]

News Notes: New Disability Bias Law Is Not Retroactive

Changes to California’s disability bias laws, which took effect Jan. 1, 2001, broadened the class of disabled persons to include those with conditions that make a major life activity “difficult.” This new definition of a disability is a more lenient standard than the “substantial limitation” of a major life activity that was previously required under […]

Promises, Promises: IRS Clarifications on Cafeteria Plans, FSAs, HSAs

Benefits administrators can be forgiven if their response to the IRS’ latest plan to issue guidance on cafeteria plans is “Promises, Promises!” Finalizing cafeteria plan regulations is the most far-reaching benefits-related item on the IRS 2011-2012 Priority Guidance Plan. The agency proposed café plan regs in 2007 and has been saying that it will finalize […]

Defined Contribution Plans: Socially Responsible Investment Options on the Rise

By 2010, 60 percent of defined contribution plans will offer a socially responsible investment (SRI) option, according to a study released this past summer by Mercer Investment Consulting, a global provider of HR and related financial advice and services, in conjunction with the Social Investment Forum, a nonprofit organization that promotes responsible investing. Nineteen percent […]

E-Alert Item: New Study Finds Premiums Are Skyrocketing

A new study by the Kaiser Family Foundation reports that during the first five months of 2002, health insurance premiums for employer-sponsored plans rose by 12.7%. This represents the fastest rate of increase since 1990, when rates jumped by 14%. The study showed that employers are bearing the brunt of the recent increases, and that […]

Legislation and Reform Proposals Whistleblowing: New Laws Change Wage Statement Requirements, Clarify Whistleblower Poster Rule

Governor Schwarzenegger has signed new laws changing the information you must include on employee wage statements and clearing up how large the type must be on your whistleblower posters. Join us this fall in San Francisco for the California Employment Law Update conference, a 3-day event that will teach you everything you need to know […]

EEOC Claims Continue to Rise

According to its annual report issued November 16, 2009, the Equal Employment Opportunity Commission (EEOC) received 93,277 private-sector discrimination charges in fiscal year (FY) 2009, its second highest total in the past 20 years. In addition, the EEOC obtained record relief of almost $300 million for alleged discrimination victims through administrative enforcement. Breakdown of Charges […]