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News Notes: Employees Can’t Rely on Old Acts of Bias

Last year, the U.S. Supreme Court ruled an employee could sue for bias based only on incidents that occurred within the time period for filing a lawsuit. Now the Ninth Circuit has taken this decision one step further, declaring that employees cannot sue over employment decisions that occurred outside of the limitations period, even if […]

Were Employees Required to Sign Tax Refunds Over to Employer?

An employee has filed a class action lawsuit in a San Francisco federal court claiming that his employer required foreign employees to sign over their federal and state tax refund checks to the company. The lawsuit was filed by Gopi Vedachalam, a citizen of India, against Tata American International Corp., which is a U.S. subsidiary […]

News Flash: Employer To Pay Almost $4 Million For Misclassifying Workers As Exempt

U.S. Bank has agreed to pay $3.8 million to “personalbankers” in several states, including California, who were improperly classified asexempt from the overtime laws. The personal bankers’ job duties included creating newbanking relationships, opening accounts and selling banking services. U.S. Bank contendedthat the workers qualified for the administrative exemption to the overtime laws becausethey were […]

If You Can’t Beat ’Em, Join ’Em

By now, you’ve probably seen (or at least heard about) Marina Shifrin’s viral “quit-eo,” in which she announces her plans to depart her job at a Taiwanese video animating company via homemade dance video – filmed at 4:30 am in her soon-to-be-former, cubicle-filled office:

News Notes: Arbitration Provision In Union Contract Doesn’t Preclude Whistleblower Lawsuit

The Ninth Circuit Court of Appeals has ruled a labor arbitration provision in a collective bargaining agreement doesn’t bar an employee from filing a lawsuit claiming he or she was discharged in retaliation for filing a complaint with Cal-OSHA. This is true unless the union contract contains a “clear and unmistakable” waiver of the employee’s […]

Feds Consider Requiring Contractors to Meet 7% Hiring Goal for Workers With Disabilities

Federal contractors will have to meet a 7 percent hiring goal for individuals with disabilities under a U.S. Department of Labor proposal announced December 8.  DOL’s Office of Federal Contract Compliance Programs published a Notice of Proposed Rulemaking (41 C.F.R. 77056) which included, among other things, a mandate that employers aim to have individuals with […]

Bulletin Item: Gov. Davis Signs Several Employer-related Pieces of Legislation

The newly signed laws expand privacy procedures for Social Security numbers (SB 25), provide leave for crime victims and their families (SB 478), mandate that state government contractors provide domestic partner benefits (AB 17 and AB 205), and require employers to protect workers from sex harassment by nonemployees (AB 76). We’ll have all the details […]

October Corporate Pension Funding Levels Slip but Stay Above Record Low

Funding gains by U.S. corporate pension plans in September were erased in October, according to data Mercer Investment Consulting Inc. released Nov. 5.  Mercer reports that the aggregate deficit in pension plans S&P 1500 companies sponsored increased by $26 billion during the latest month, to $619 billion. This deficit corresponds to an aggregate funded ratio […]

6 Health Reform Issues Loom over Plan Sponsors in 2012

After so much ink spilled and heartache over health reform, plan sponsors might think the dust has settled and say: “The coast is clear. We can come out of hiding.” But if you thought that all this effort has totally clarified health reform (and if you think you know just what to do to comply), […]