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News, trends and analysis in employment law, HR, safety & workers' comp

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Jun 15 2011
CaliforniaDisability

CALIFORNIA: FEHA may require extended leaves of absence

It’s risky to automatically terminate an employee who has exhausted their protected leave, that’s what you can take away from a recent case from a California district court. An employee suffering from lupus was placed on leave under the federal Family and Medical Leave Act (FMLA) and was out for 12 weeks. Since she was…

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Jun 09 2011
Affirmative ActionImmigrationWage and Hour

Federal agencies promise to coordinate enforcement of employment laws

The U.S. Department of Labor (DOL) has taken significant steps to coordinate with other federal agencies in enforcing employment laws. The DOL has signed a new Active Case Enforcement” procedures during an affirmative action audit. Before beginning an audit, DOL’s Office of Federal Contract Compliance Programs (OFCCP) will check with other federal agencies to find…

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Jun 06 2011
Oregon

OREGON: Governor signs bills on veterans discrimination and jury duty

Tips:

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Jun 03 2011
Employee Benefits

Deadline approaching for OTC drug amendment

Although the restriction on FSA or HRA reimbursement of over-the-counter (OTC) drugs and medications went into effect on January 1, 2011, you have until June 30, 2011 to amend your plan document to reflect this change, so if you haven’t yet done so, now is the time. The federal health care reform law known as…

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Jun 03 2011
Employee Benefits

U.S. Supreme Court: Participants can enforce inaccurate SPD

When is the last time you reviewed and updated the summary plan description (SPD) for your company’s health plan or retirement plan? A recent decision by the Supreme Court makes it more important than ever that your plan’s SPD is up-to-date and accurate.   Cigna Corporation converted its defined benefit pension plan into a “cash…

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Jun 01 2011
Oregon

OREGON: Lack of documentation sends employer to gender discrimination trial

If you encounter this kind of situation, there may be a way to accommodate both workers, depending on scheduling flexibility, the size and geography of your workplace and the terms of the restraining order. You may also have an obligation to grant time off for an employee to seek a restraining order or take other…

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May 27 2011
Labor Relations

NLRB scrutinizes discipline for offensive Facebook and Twitter posts

The National Labor Relations Board (NLRB) has put a high priority on processing cases where employees complain that they were disciplined for posting on social media. Under the National Labor Relations Act, most non-management employees have the right to discuss wages, hours and working conditions (protected, concerted activity). When those discussions are held through online…

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May 25 2011
Uncategorized

Exceeding computer permissions for fraudulent purposes is a crime

Employees are criminally liable for violation of the Computer Fraud and Abuse Act (CFAA) if they go beyond the restrictions in the employers computer use policies with an intent to defraud, and as a result are able to obtain anything of value, ruled the Ninth Circuit U.S. Court of Appeals. An executive left employment to…

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May 23 2011
Immigration

SSA resumes issuing no-match letters

After a nearly three year hiatus, the Social Security Administration (SSA) has reportedly resumed issuing “no-match letters” to employers. The SSA stopped issuing the letters in the fall of 2007 when a judge blocked the Department of Homeland Security’s rule providing a safe harbor to employers who respond to no-match letters. There is no official…

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May 20 2011
Employee Benefits

CALIFORNIA: Adult child health benefits no longer taxable

AB 36 brings California tax law in line with federal law, which has permitted tax-free benefits for adult children (through the end of the year in which the child turns 26) since March 30, 2010. Previously, dependent benefits were only tax-free if the child was under 24, a fulltime student, maintaining the same principal residence…

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May 20 2011
Washington

WASHINGTON: Health care reform preparations move forward

SB 5445 sets up the basic framework for the health insurance exchange, but many details remain to be sorted out. Vigilant will update its members on further developments (2011 Wash Laws Chap 317).

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May 20 2011
Employee BenefitsOregon

OREGON: Adult child health coverage tax-free

If you have employees who cover their non-dependent adult children on your health insurance program, that coverage is now tax-free at the state level, thanks to legislation signed into law on March 9, 2011 (

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