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Mar 30 2011
Disability

Final ADA regulations defining “disability” released

More than two years after amendments to the Americans with Disabilities Act (ADA) expanded the definition of “disability,” the U.S. Equal Employment Opportunity Commission (EEOC) has finally updated its regulations to give us further guidance. The rules don’t contain any major surprises, but will frustrate anyone looking for clear definitions. Bottom line: It is very…

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Mar 23 2011
Wage and Hour

Supreme Court says verbal wage complaints protected

Employers can’t fire workers for verbally complaining of wage-and-hour violations, ruled the U.S. Supreme Court yesterday. An employee repeatedly told management and HR representatives that the company was violating the law by placing the time clock so it wasn’t accessible until workers put on the protective gear required for a clean-room environment and then walked…

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Mar 16 2011
Uncategorized

Loss of 95 percent of business excused WARN notice of plant closure

A bankruptcy court decision illustrates how an apparently slam-dunk “unforeseeable business circumstance” excusing an employer from giving notice under the Worker Adjustment and Retraining Notification (WARN) Act can still drag an employer into court. A manufacturer of roof racks and side rails was hit hard by the automobile industry’s economic slump. It approached its major…

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Mar 14 2011
CaliforniaWage and Hour

CALIFORNIA: Rest and meal period violations warrant up to two penalty payments per day

226.7 assesses a penalty of one hour of pay (called a “premium payment”) against an employer who fails to provide rest or meal periods to its employees. In a recent court case, a group of UPS employees sued the company for rest and meal period violations. This case resulted in a decision by the court…

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Mar 09 2011
Affirmative Action

Affirmative action: OFCCP posts enforcement directive, collects $700,000 settlement

The Office of Federal Contract Compliance Programs (OFCCP) recently published the new, aggressive audit procedures it began implementing this year. The Active Case Enforcement (ACE) directive for federal supply and service contractors generally requires at least a full desk audit for each facility selected for a compliance review. The agency will go onsite if the…

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Mar 07 2011
Uncategorized

WARN Act: Accepting severance means departure was voluntary, says Seventh Circuit

Tips: It is highly questionable whether the Ninth Circuit would agree with this courts employer-friendly approach. We recently reported on a surprising Ninth Circuit opinion that quitting after announcement of an impending plant closure doesnt count as a voluntary departure (Collins v. Gee West Seattle, 9th Cir, Jan. 2011). Therefore it may be wise for…

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Mar 04 2011
Uncategorized

Employer may be liable for discriminatory supervisors’ influence on termination

An employer can be liable for violating the Uniformed Services Employment and Reemployment Rights Act (USERRA) when an adverse employment action is influenced by a biased supervisor who intentionally tries to cause the action, ruled the U.S. Supreme Court. In this case, a supervisor and her boss were frustrated by a hospital technician’s need for…

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Mar 03 2011
Washington

WASHINGTON: Unemployment insurance tax reform bill signed

Governor Chris Gregoire has signed EHB 1091, companion bills that lower unemployment insurance tax rates for many Washington employers. This legislation caps employer taxes in some areas, adjusts tax rates, expands the unemployment insurance training benefits program, and allows long-term unemployed people to access federally funded extended benefits. The legislation also authorizes the use of…

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Feb 25 2011
Affirmative Action

OFCCP working to increase enforcement capabilities

The Office of Federal Contract Compliance Programs (OFCCP) is signaling it intends to significantly increase its ability to enforce affirmative action compliance for covered employers with federal contracts and subcontracts. Recent developments include: Representatives from OFCCP, the Department of Justice (DOJ), and the Equal Employment Opportunity Commission (EEOC) met to discuss budget request for FY…

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Feb 21 2011
Employee Benefits

EEOC rejects pay discrimination claim based on pension payments

If the courts take the same approach as the EEOC did in this case, it will be a huge relief for employers. One question that was left unanswered, though, is what happens when there is a significant gap in time between an employee’s last date of employment, and the date of retirement. Does the statute…

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Feb 18 2011
CaliforniaEmployee Benefits

CALIFORNIA: Health coverage of adult children subject to state income tax

Although last year’s health care reform law made coverage available to employees’ adult children up to age 26, and provided a federal income tax exclusion for the coverage, California employers should be aware that California’s tax law does not provide such an exclusion from income for adult child coverage. If passed by the California legislature,

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Feb 16 2011
Oregon

OREGON: Discipline following harassment complaint is always risky

Firing an employee just two days after he’s complained of sexual harassment is still a surefire way to get sued, as a recent Ninth Circuit case out of Oregon reaffirmed. A production worker for Entek International claimed to be the victim of harassment on the basis of his sexual orientation. When the stress from the…

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