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DOL Proposes Rule To Reveal 401(K) Plan Fees

The U.S. Department of Labor (DOL) has issued a proposed rule that would force 401(k) plan administrators to report compensation they derive directly and indirectly from their services. In addition, the rule would require plan administrators to disclose in writing potential conflicts of interest to plan fiduciaries, namely employers. The regulation’s main purpose is to […]

Hours of Service Limits Retained for Truckers

The Federal Motor Carrier Safety Administration (FMCSA) has issued an interim final rule that will continue to limit truckers to driving only 11 hours within a 14-hour duty period, after which they must go off duty for at least 10 hours. The interim rule was issued in response to a recent federal appeals court decision […]

E-Alert Item: Legal Update: High Court To Consider Several Employment Cases During New Term

On October 7, 2002, the U.S. Supreme Court reconvened for a new session. The court’s docket this term includes a case involving whether physician-shareholders can be counted as employees for purposes of determining employer coverage under the Americans with Disabilities Act and a case regarding whether state employers can be sued for violations of the […]

News Notes: Court Approves Weekly Overtime In California

A court has rejected a bid by labor groups to block the Industrial Welfare Commission’s recent changes to California’s overtime laws, set to take effect January 1. Unless overturned by a higher court, this latest development clears the way for overtime to be required only after 40 hours in a week rather than after eight […]

News Notes: Failure To Grant Part-Time Status Doesn’t Support Wrongful Termination Claim

  Charles Sinatra, a long-time assistant principal with the Chico Unified School District, sued for wrongful termination in violation of public policy when the district refused his request for transfer to a part-time administrative position, instead giving him a full-time teaching assignment. He claimed he was “forced” to quit for exercising his statutory right under […]

News Notes: EEOC Launches New Employer-Based Mediation Program, Investigations Web Page

The Equal Employment Opportunity Commission has announced the implementation of a voluntary mediation pilot program in which private-sector bias charges filed with the EEOC will be referred back to an employer’s internal dispute resolution program. To participate, the dispute resolution program must be voluntary and free to employees. 

News Notes: Bank Agrees To Pay $26 Million For Poor 401(K) Investments

First Union Corp. has agreed to pay a whopping $26 million to current and former employees to settle two lawsuits accusing the bank of forcing workers to invest their 401(k) retirement savings in poorly performing mutual funds. The employees charged that First Union included second-rate investment funds in its in-house 401(k) plan and then used […]

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 […]

News Notes: New Guidance Available On Health Care Privacy Rules

As we reported in an earlier article, the government recently released new privacy regulations under the Health Insurance Portability and Accountability Act (HIPAA). As the April 14, 2003, compliance deadline approaches, the U.S. Department of Health and Human Services has issued guidance (available on our website), including frequently asked questions, explaining significant aspects of the […]