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News Notes: Can Union Contracts Bar Discrimination Lawsuits?

Mandatory arbitration of employment disputes continues to be controversial. One unresolved issue has been whether union contracts can require workers to arbitrate all employment disputes. The U.S. Supreme Court has now agreed to rule on this question.11 Although arbitration clauses for various workplace disputes have been used for years in union contracts, courts have disagreed […]

DOL Unveils New Interactive Tool For Recordkeeping Compliance

The U.S. Department of Labor (DOL) has announced the latest in its elaws FirstStep Internet tools, the FirstStep Recordkeeping, Reporting, and Notices Advisor, which will help employers figure out which of the agency’s recordkeeping, reporting, and notice requirements apply to them. The FirstStep series also includes interactive tools on poster requirements and an overview of […]

New Hourly Rates For Exempt Computer Pros

Under California wage and hour law, computer software professionals can qualify for overtime exemption if they meet certain duties requirements and are paid a specified hourly rate, set annually based on inflation rates by the state Department of Industrial Relations. On Jan. 1, 2007, the minimum hourly rate for exempt computer software professionals will be […]

News Notes: Employer’s Refusal To Arbitrate Bars Raising Defense

When Tarlochan Sidhu was laid off by Fletco Co. following a workers’ comp leave, the union grieved his termination and sought arbitration as called for in the union contract. After Fletco refused to arbitrate on the grounds that the contract didn’t apply to the dispute, the union sued to enforce the CBA. Fletco asked the […]

Bulletin Item: Overtime and FMLA Changes Coming

The U.S. Department of Labor has announced it will soon release new regulations under the Fair Labor Standards Act to increase the salary level required for exemption from overtime, which was last updated in 1975. The new regulations will also clarify and simplify the existing complex rules regarding the types of job duties exempt workers […]

News Flash: New Rules Issued For Federal Contractors

The Office of Federal Contract Compliance Programs has issued final regulations revising and simplifying the rules for written affirmative action programs. However, the new regulations also substantially increase the number of employers who must complete the annual Equal Opportunity Survey and submit personnel and compensation data.

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 […]

More Employees Declining Health Benefits

A new study by the Robert Wood Johnson Foundation reveals that the percentage of workers who accepted their employer’s offer of healthcare insurance dropped from 85.3 percent in 1998 to 80.3 percent in 2003. The drop means that 3 million fewer workers who are eligible for employer-sponsored health coverage elected to enroll in it over […]