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Do you use job descriptions when deciding on what accommodation – if any – can be offered to an employee with a disability? To meet your ADA requirements, it’s important to use the interactive process outlined in ADA regulations and to use job descriptions as an essential part of the process. ADA Requirements: What Accommodation […]
A California appeals court has ruled that when an employee sues for hostile work environment sexual harassment, the employer can rely on evidence of the employee’s own sexual statements and conduct with the alleged harasser—whether in the workplace or not—to prove that the alleged harassment wasn’t unwelcome or abusive. The case involved a legal secretary […]
Each year, HR Hero and HRLaws survey readers about your organizations’ benefits packages. Although much has been said about the effects of health care reform on employer-based health insurance during the last year, the other benefits that organizations are offering their employees — flex time, telecommuting, child-care assistance, wellness programs, tuition reimbursement, and concierge services […]
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.
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 […]
In a unanimous decision favorable to employees, the U.S. Supreme Court recently ruled that individual 401(k) plan participants can sue plan administrators under the federal Employee Retirement Income Security Act (ERISA) for breach of fiduciary duty. James LaRue had initiated the lawsuit after his employer failed to follow his investment instructions, which he said resulted […]
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 […]