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California

No ERISA benefits if employees aren’t on the payroll

12/24/2008

Now is a good time to review the eligibility requirements for your health and welfare benefits plans. If you word them correctly, you can exclude people who work for the company under third-party contracts …

Failure to provide for breaks will cost $25 million

12/24/2008

Federated Department Stores has agreed to settle charges that it denied meal and rest breaks to Macy’s and Bloomingdale’s department store employees. According to the settlement, Federated will pay $25 million to 200,000 employees.

New law eliminates OT for highly paid computer professionals

12/24/2008

Gov. Arnold Schwarzenegger has signed a bill that will eliminate overtime pay for certain computer professionals. Assembly Bill 10 creates an overtime exemption for computer professionals working in California who are engaged in “intellectual or creative” work …

Kaiser settles wage-and-hour suit for $5.4 million

12/24/2008

The Kaiser Foundation Health Plan has agreed to settle a class-action wage-and-hour lawsuit brought by 770 California employees. Under the terms of the settlement, Kaiser agreed to pay $5.4 million, $3.7 million of which will go directly to the class members who claimed they were misclassified …

Morgan Stanley will pay $16M to settle race bias suit

12/24/2008

A federal judge has given final approval to the settlement of a race discrimination lawsuit brought by financial advisors against Morgan Stanley & Co. Inc. The settlement establishes a $16 million fund, of which $14 million will be divided among class members who submitted claims.

EEOC reaches settlement in racial harassment case

12/24/2008

The EEOC has settled a lawsuit it filed against Texas-based Cadit Co., which was doing work for the San Francisco Municipal Railway. The agency said Cadit allowed a foreman to harass a Chinese-American welder.

What are California’s requirements for employee resting & eating facilities?

12/24/2008

Q. Are there any specific requirements regarding the types of resting and eating facilities California employers must provide for their workers?

What happens if we fail to provide COBRA notice upon termination?

12/24/2008

Q. What kinds of penalties or liability does an employer face if it fails to provide notice of COBRA coverage upon termination of an employee?

What are the risks of continuing a no-fault attendance policy?

12/24/2008

Q. Our company’s attendance policy calls for issuing a warning when an employee has three absences. Five absences result in a suspension, and seven absences result in termination. Can we continue this policy?

Feds issue new I-9 form: Start using it by Feb. 2

12/18/2008

U.S. employers must begin using a revised version of the I-9 Form starting Feb. 2. Employers that use the current edition of the I-9 (dated 06/05/2007) after Feb. 2 may be subject to fines.