Fall 2006: Employer Requirements

Employer’s Legal Advisory – Fall 2006 – Download This Issue in .pdf Format Basic Employer Requirements The following is a review of items that every employer should be aware of. Some are mandated by state or federal law while others can prevent or minimize an employer’s liability in the event of claims by employees. Posters – Employers are required to notify employees of their rights under various laws by displaying informational posters. Although all administrative agencies enforcing these laws will provide you with free copies of these posters, you can also obtain an “all-inone” poster from organizations such as the Chamber of Commerce. That poster does not include the applicable IWC Order for your industry or employees in certain occupations or other posters that may be required for particular types of operations, e.g., if you use forklifts. These posters delineate many of the legal obligations you have as an employer. Applications – Although there ... Read More

Winter 2009: COBRA & ARRA

COBRA and the American Recovery and Reinvestment Act (ARRA) Download This Issue in .pdf Format On February 17, 2009 President Obama signed the American Recovery and Reinvestment Act (ARRA) which included provisions which would allow certain terminated employees (and their qualified beneficiaries) to pay reduced premiums (35%) for COBRA coverage for a designated period of time. The remaining 65% of the premium is to be paid by the employer, multi-employer plan or insurer (in most cases the employer under a group health plan) who will then receive a reimbursement of the subsidy as a credit on payroll taxes. Eligibility Employees (and their qualified beneficiaries) eligible for COBRA coverage (or Cal-COBRA coverage) who were involuntarily terminated beginning September 1, 2008 and ending December 31, 2009 for reasons other than those for which COBRA coverage is not generally available (e.g., gross misconduct). Individuals with adjusted gross income of $125,000 or more ($250,000 if ... Read More

March 2009: COBRA Model Notices

ARRA: COBRA (and Cal-COBRA) Model Notices Download This Issue in .pdf Format The Department of Labor has issued Model Notices to be used to comply with the American Recovery and Reinvestment Act of 2009 (ARRA) which provides for reduction of COBRA (and Cal-COBRA) premiums in certain circumstances. There are four model notices: Model COBRA Continuation Coverage Election Notice General Notice (Full version) To be used by Plans subject to COBRA to send to all qualified beneficiaries who experience a qualifying event from September 1, 2008 through December 31, 2009. Model COBRA Continuation Coverage Supplemental Notice General Notice (Abbreviated version) Can be used in lieu of the Full version notice to send to individuals who experienced a qualifying event since September 1, 2008, have already elected COBRA coverage and still have COBRA coverage. Model COBRA Continuation Coverage Additional Election Notice Notice in Connection with Extended Election Periods To be used by ... Read More

Winter 2011: Arbitration Agreements

Download This Issue in .pdf Format With the rise in employment-related litigation, many companies are looking for alternatives to avoid the time, expense and bias associated with court proceedings. One way is to agree with your employees that employment disputes will be heard before an arbitrator rather than in court. In an arbitration, each party (the employer and the employee) presents their side of the dispute to an arbitrator (or panel of arbitrators) jointly selected by the parties utilizing procedures set forth in the arbitration agreement. The arbitrator then decides the merits of the case, fashions an appropriate remedy, and issues an opinion which the parties have voluntarily agreed to accept. Sounds simple? As compared to the discovery process, motions, evidentiary issues, etc. in state and federal court, that may be true. However, because the private arbitration process cannot deny certain rights the parties would have in court, there are ... Read More