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Earlier this week, the U.S. Supreme Court announced that it would hear a challenge to the massive health care reform law (also known as the Patient Protection and Affordable Care Act, or PPACA) enacted in March 2010. The Court revealed how important it considers this case by scheduling five and a half hours of oral […]
The state Insurance Commissioner has recommended a 10.5% increase in the pure premium rates for workers’ compensation insurance as of Jan. 1, 2003. The Workers’ Compensation Insurance Rating Bureau had requested a 13.4% increase, but the commissioner questioned some of the bureau’s future cost estimates.
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 […]
Earlier this year, we reported on a major California Supreme Court opinion that state anti-bias law doesn’t bar discrimination against older workers in providing fringe benefits such as tuition assistance. Now Gov. Davis has inked into law an amendment to California’s Fair Employment and Housing Act that undoes the high court’s ruling and brings California in […]
In the November 2005 issue of the California Employer Advisor, we reported on a case that highlighted the tension between the requirements of California disability bias law, the state Compassionate Use Law, and the federal Controlled Substance Act, which criminalizes drug use and possession. The case involved an employee who was refused employment after he tested positive […]
Meal/rest break claims are down significantly, while misclassifications and overtime cases remain strong, says the 7th Annual Litigation Trends Report from international law firm Fulbright & Jaworski LLP. Fulbright surveyed senior corporate counsel on their experiences and opinions regarding litigation. The survey had 403 participants, 275 whom were from the U.S. Of the U.S. companies […]
The federal Labor Department has issued a memorandum clarifying its position on the rights of returning uniformed service members to take family and medical leave. The department says that active duty time must be counted toward these workers’ eligibility to take time off under the Family and Medical Leave Act. In particular, employees generally become […]
By Stephen Bruce, PhD, PHR Managing Editor, HR Daily Advisor Just My E-pinion Big surprise—health care costs are going up. In our recent survey, 56% reported annual costs per employee in the $5,000-10,000 range (compared to 47% in last year’s survey), and 18% reported costs of over $10,000 per year (compared to 12 % in […]
OSHA has developed the first draft set of industry-specific ergonomic guidelines—Guidelines for Nursing Homes—as part of its comprehensive plan to reduce workplace ergonomic injuries. The guidelines address management practices, worksite analysis and control methods, and include examples of best practices in the nursing home industry.