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Full 9th Circuit Refuses to Review California’s Same-sex Marriage Ban

Employers can expect continued uncertainty regarding whether they will need to adjust their plans, documents and policies to accommodate same-sex spouses. The 9th U.S. Circuit Court of Appeals on June 5 refused a petition that the full bench of the court rehear Perry v. Brown, Nos. 10-16696, 11-16577. That lets stand the ruling by a […]

White House Expands Domestic Partner Benefits

President Barack Obama recently issued a memo directing federal agencies to extend benefits to the same-sex domestic partners of federal employees to the extent permitted by current law. The memo begins: For far too long, many of our Government’s hard-working, dedicated LGBT employees have been denied equal access to the basic rights and benefits their […]

News Notes: Helping Elderly Parent Relocate Doesn’t Qualify For Family Leave

  A California Court of Appeal has ruled that Beverly Hospital in Montebello didn’t violate the state family leave law by terminating a physical therapist who missed work to help her seriously ill mother move to a new apartment. Marjorie Pang claimed her time off was protected because she was providing psychological care for a […]

News Notes: Employee Forced To Quit For Revealing Prison Abuses

After Terence Allen, a Hawaii Department of Corrections physician, publicly disclosed the alleged mistreatment of inmates, he was investigated by the internal affairs division, denied a promotion and locked out of the facility. The federal Ninth Circuit Court of Appeals has now ruled that the department retaliated against him for exercising his free speech rights. […]

News Notes: More Employees Working Flexible Schedules

A new report from the U.S. Department of Labor finds that 28.8% of the nation’s full-time employees now have flexible work schedules that permit them to vary the time they start or end work—nearly double the number of flex-time workers a decade ago. Managers, professionals and sales employees were the most likely to be able […]

Empowerment’ and ‘Business Warfare’ Join the Ranks of the Dumbest Concepts

In yesterday’s Advisor, we endured author Geoffrey James calling HR one of the “5 dumbest management concepts ever.” Today, two more of his dumbest concepts plus an introduction to a unique program for small HR departments James is a prolific writer and observer of the business scene and is the author of seven books, including […]

Top U.S. Court Takes Case to Resolve Limits on Health Plan Recoveries

The U.S. Supreme Court agreed on June 25 to decide whether an employee health plan is subject to equitable limits when it demands reimbursement of benefits paid to care for a covered employee who also recovers money from third parties. A 2011 ruling on this issue by the 3rd U.S. Circuit Court of Appeals troubled […]

News Notes: New Website Helps Small Businesses Make Health Benefits Decisions

The California HealthCare Foundation has launched a new website to help small businesses make informed decisions about health benefits. The website, www.healthcoverageguide.org, includes a comprehensive checklist to guide you through the coverage selection process—from gathering the business records you’ll need to choosing a broker, comparing policies, estimating costs, and much more.

News Notes: Largest Ever Gender Bias Suit Files Against Wal-Mart

Wal-Mart is facing what could be the largest discrimination lawsuit ever brought against a private U.S. employer. Six female employees of Wal-Mart have filed a lawsuit in federal court in San Francisco charging the retailing giant with widespread discrimination against women. They are asking that the case be certified as a class action on behalf […]

Health and Safety: New Pandemic Flu Guidance for Healthcare Workers

The U.S. Occupational Safety and Health Administration (OSHA) has unveiled new guidance for healthcare workers and their employers on preparing for and responding to a pandemic flu, such as the avian influenza. Avian influenza—also known as bird flu—is caused by a virus that attacks wild birds and domestic poultry. A dangerous strain is rapidly infecting […]