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You’ve Discovered A Mistake in Your Plan Administration – Now What?

Jackson Lewis P.C. • July 15, 2018
Occasionally qualified plan administrators discover that their plans have incurred an operational error. The Internal Revenue Service (“IRS”) recognizes that it needs the help of plan administrators to police the administration of qualified plans and has correspondingly published guidance to help plan administrators take appropriate corrective action where necessary.

EEOC Releases Charge Statistics For Fiscal Year 2017

Brody and Associates, LLC • July 15, 2018
The EEOC has released its charge statistics for fiscal 2017! In total, approximately 85,000 charges were filed across the country. Of those, 6,696 alleged sexual harassment. This is interesting in light of the #MeToo movement that began with the Harvey Weinstein scandal in the last part of 2017. It will be interesting to see if there will be a rise in sex-based claims in fiscal year 2018 as a result of the unprecedented movement.

Could the World Cup Produce a GOAALLLL in Your Workplace?

XpertHR • July 15, 2018
Did World Cup fever infiltrate your office this summer?

Employer Found Liable Where Supervisor Mocked Employee’s Stuttering Problem

Jackson Lewis P.C. • July 15, 2018
In responding to claim of harassment, discrimination or retaliation based on protected categories, California employers must timely respond to and thoroughly investigate workplace complaints to avoid exposure. On July 9, 2018, a California Court of Appeal court found an employer liable where an employee was mocking a person for having a stutter on more than five, but less than fifteen occasions over a two-year period from 2006 to 2008. In Caldera v. Department of Corrections and Rehabilitation, et al., the plaintiff brought suit after allegedly being subject to jokes over a two-year period of time. The jury awarded plaintiff $500,000. The trial court, finding the jury award excessive, granted a new trial as to damages. Both parties appealed.

District Court Preliminarily Enjoins Some Components of California Sanctuary Laws Impacting Employers

Littler Mendelson, P.C. • July 15, 2018
On July 4, 2018, the U.S. Department of Justice obtained a partial victory in its challenge of California’s Immigrant Worker Protection Act ("Assembly Bill 450" or "AB 450") and other sanctuary laws when a California federal court held that certain provisions of AB 450 violated the Supremacy Clause of the Constitution.

California Enacts a Privileged Communication Law Regarding Sexual Harassment Claims

Littler Mendelson, P.C. • July 13, 2018
In the wake of the #MeToo movement, many states have been making concerted efforts to address and prevent sexual harassment through proposed legislation. On July 9, California Governor Jerry Brown signed one of those proposals, Assembly Bill 2770, into law. This measure targets defamation claims stemming from sexual harassment allegations. Under the law, certain employee and employer statements regarding sexual harassment allegations are deemed privileged and therefore cannot be used to support a defamation claim.
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