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California

Labor unions concerned about compulsory health care measure

03/01/2008
A growing number of labor unions have recently expressed opposition to A.B.X. 11, which would require all California residents to purchase health coverage by July 2010. Labor leaders argue that the bill doesn’t sufficiently control how much health plans and insurers can charge for coverage …

Drivers’ overtime suit gets class-Action status

03/01/2008
On Jan. 4, a California Superior Court judge certified a class action brought by drivers who claimed they had been denied meal and rest breaks in violation of California law. The suit was brought by approximately 345 White Cap Industries delivery drivers …

California nurses union becomes nation’s largest

03/01/2008
In January, leaders of the California Nurses Association/National Nurses Organizing Committee (CNA/NNOC) and the Pennsylvania Association of Staff Nurses and Allied Professionals (PASNAP) announced that the two unions have joined forces …

Clerk wins more than $350,000 in disability discrimination suit

03/01/2008
A San Francisco County jury has awarded $353,680 in damages to a data entry clerk who suffered from a chronic condition that often left her with cracked and bleeding skin …

Upcoming IRS regs will bring cafeteria plan admin up to date

03/01/2008
 Nearly a quarter century after the Internal Revenue Service started releasing piecemeal proposed regulations on cafeteria plans, employers now have new, updated guidance on important topics such as nondiscrimination testing and debit card programs. They’re not final IRS regulations, mind you. But at least a new set of coordinated proposals is on tap to replace the old ones …

Can we refuse to reinstate an employee who has been out on CFRA leave?

03/01/2008
Q. Under what circumstances can we deny reinstatement to an employee who has been out on leave under the California Family Rights Act?

Are there California laws analogous to the Genetic Information Nondiscrimination Act?

03/01/2008
Q. I know that as an employer, I have to abide by GINA and not discriminate based on genetic information. But are there any state statutes addressing this matter?

Paycheck stubs’ new look for 2008

03/01/2008
Q. Are there new requirements regarding the type of information that should be included on an employee’s pay statement? …

Accommodation may mean leave plus reinstatement

02/01/2008

Employees who take their 12 weeks of FMLA and California Family Rights Act leave don’t lose the right to reinstatement once their time off expires. In fact, additional time off may be a reasonable accommodation under both the ADA and the California Fair Employment and Housing Act. What’s more, that additional medical leave would have to be accompanied by the right to reinstatement …

Minor discipline without pay or benefits loss isn’t retaliation

02/01/2008

Punishing someone who has filed EEOC or other discrimination claims is illegal. But that shouldn’t stop you from enforcing reasonable rules. Courts won’t ordinarily view as retaliation minor disciplinary actions that don’t cost employees any pay or benefits …