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Claims Adjusters Don’t Qualify for Overtime Exemption

Liberty Mutual’s claims adjusters investigated and estimated claims, made coverage determinations, negotiated settlements, and identified potential fraud. The claims adjusters sued the insurer for back overtime pay, claiming they were misclassified as exempt administrative employees. A California appeals court has now ruled in the employees’ favor, finding that they didn’t qualify for the administrative overtime […]

Americans With Disabilities Act: Supreme Court Says Disabilities Must Substantially Limit Activities Of Central Importance To Daily Life; Practical Impact In California

In the first of three cases the U.S. Supreme Court is considering this term that involve the Americans with Disabilities Act, the high court has issued a ruling that will make it harder for workers to prove they are entitled to reasonable accommodation under federal disabilities law. However, as we’ll explain, the new decision, which […]

IRS Form Amended to Collect Health Outcomes Research Tax

Starting July 31, 2013, the IRS will start collecting, and employers will start paying, a new excise tax authorized by the health reform law. This annual fee will be imposed on most insured and self-insured group health plans for the next seven years.   The feds have amended the April 2013 IRS Form 720 (Quarterly Federal […]

Connecticut Court Overturns Ban on Same-Sex Marriages

Connecticut has become the third state to legalize same-sex civil marriages, which California and Massachusetts already recognize. The Connecticut Supreme Court ruled 4-3 to overturn a lower court ruling that denied same-sex couples the right to marry on the grounds that existing laws allowing civil unions afforded them sufficient rights. Gay and lesbian couples sought […]

E-Alert Item: Medical Marijuana: Fired Employee Goes To Court

Gary Ross was offered a job as a lead systems administrator for RagingWire Telecommunications in Sacramento. In connection with taking a mandatory pre-employment drug test, Ross gave the company a copy of his medical prescription for marijuana, which he used to alleviate pain from an old back injury. Ross also told RagingWire that he wouldn’t […]

EEOC Reports Record Highs, Reductions in 2011

According to the annual Performance and Accountability Report released in November, the Equal Employment Opportunity Commission (EEOC) finished fiscal year 2011 with a 10 percent decrease in its pending-charge inventory, the first such reduction since 2002. At the same time, the agency achieved the highest-ever monetary amounts through administrative enforcement, and it received a record […]

Certain religious employers get a reprieve from ACA’s contraceptive mandate from Supreme Court

On New Year’s Eve, just hours before the healthcare reform (also known as the Affordable Care Act or ACA) contraceptive mandate requirement was supposed to go into effect, Supreme Court Justice Sonia Sotomayor issued a stay and gave the federal government until Friday to respond to the Court. The stay applies to a limited group […]