Non-employee Spouse Waivers of ERISA Plan Benefits Not Reliable
September 29, 2008
In an aging population, accumulations in employee retirement plans assume greater and greater importance. Nowhere is this more true than in divorce, when, for many couples, retirement savings represent the most significant part of their savings.
Same-Sex Marriage: Survey on Policies
September 29, 2008
The start of same-sex marriages in California on June 16 made headlines across the country. However, it was not such a big deal for many U.S. companies. These businesses already give their gay and lesbian employees many of the same benefits that they provide to their married straight workers.
Verdicts
September 24, 2008
Recent rulings of importance to you and your practice.
Office Romances And 'Love Contracts'
September 24, 2008
A consenting romantic or sexual relationship between two employees, and especially between a manager/supervisor and an employee, may lead to complications, difficulties and legal problems for all concerned ' the employees, the manager/supervisor and the company. Hence the "love contract."
Think Twice Before Reading Your Employees' Text Messages
September 24, 2008
A recent decision by the Ninth Circuit Court of Appeals has provided a loud wake-up call to employers who wish to monitor employee communications. In <i>Quon v. Arch Wireless Operating Co, Inc. et al.</i>, the court held that the City of Ontario, CA, violated the state and federal constitutional privacy rights of its police officers when it reviewed their personal text messages.
New York Strengthens Wage Laws
September 24, 2008
Part One of this article discussed the changes in New York Labor Law (NYLL) pertaining to commissioned sales personnel. The conclusion herein addresses the other changes made by the law.
CA High Court Brightens Rule Against Non-Compete Pacts
September 24, 2008
In a ruling long awaited by the employment law sector, the California Supreme Court effectively rejected the use of most non-competition agreements in California. This article is an analysis of the ruling.
Perceived Mental Impairment in the Workplace
September 24, 2008
Employers who take action because there are rumors that a certain employee is "crazy," "psycho" or "nuts" often find themselves the subject of an Americans with Disabilities Act ("ADA") lawsuit facing claims that they regarded the individual as mentally disabled. What's an employer to do?
New York Strengthens Wage Laws
August 25, 2008
In light of recent aggressive enforcement efforts of New York's Labor Laws by both the New York State Attorney General's Office and the New York State Department of Labor ("NYSDOL"), prudent employers should consider the effect of these new enactments on their pay and leave practices and take action to ensure compliance.
Competing Definitions of 'Mass Layoffs' Under the WARN Act
August 25, 2008
The Retraining and Notification Act ("WARN" or The Act) creates some uncertainty for employers because it contains two potentially conflicting definitions of the term "mass layoff" ' one that looks to a 30-day period and another that aggregates layoffs over a 90-day period. This article analyzes a recent ruling that addresses the problem.
