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In a 5-4 decision, the U.S. Supreme Court made its second pro-employer decision of the day in a case involving the standard of proof an employee must meet in retaliation claims. In University of Texas Southwestern Medical Center v. Nassar, the question was whether an employee must prove that the only reason his employer retaliated […]
In Bell v. Farmers Insurance, an appellate court threw out part of the verdict awarding employees more than $1 million allegedly owed for unpaid double-time compensation. The court, however, let stand the jury’s unanimous verdict for unpaid time-and-a-half overtime compensation totaling nearly $88.8 million.
The Bush Administration has released new regulations addressing medical privacy rights under the Health Insurance Portability and Accountability Act (HIPAA). Group health plans generally have until April 14, 2003 to comply with the new rules.
New rules under the Health Insurance Portability and Accountability Act will limit access to medical records maintained by health care providers, health plan insurers and other health care clearing houses. Under the new rules, a patient’s written consent is required for routine disclosure or use of health information for any purpose other than treatment and […]
In the May issue of California Employer Advisor we reported on a case, Reynolds v. Bement, where a court ruled that a supervisor could be held individually liable for unpaid overtime due to a worker. The case was recently taken under review by the state’s highest court. We’ll be watching to see how the court […]
After Daniel Huffman, a sales manager in Pomona for Interstate Brands Co. (IBC), was demoted, he sued for age bias and emotional distress arising from a knee injury incurred in the new job, which required him to perform heavy physical work. A trial court awarded him $2 million for emotional distress from the knee […]
Employees can now use the Internet to file health and safety complaints, thanks to a new Fed/OSHA Web site focusing on workers’ rights. The new electronic complaint filing system, which makes it easier for employees to air their grievances, could bring a flood of new workplace investigations since the agency says that it will forward […]
The Ninth Circuit Court of Appeal ruled that time spent moving a family member because of concern for the person’s well-being does not fall under the family and medical leave laws. Fe Castro Marchisheck submitted an emergency request for time off from her medical technician job at San Mateo General Hospital so she could take […]
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 […]