Articles and News General Legal Update
"Paid" Summer Interns - Violation of an American Pastime
Summer is around the corner and the great old American tradition of getting free labor in exchange for another bullet point on the resume has enticed employers and unpaid interns for years. However, the U.S. Department of Labor has recently put a wet blanket on such a storied tradition by making it even harder to get those files organized, office supplies stocked, data and web management cleaned, and phone calls answered for free.
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Two Major Court Victories for the Agricultural Industry
The Saqui Law Group wishes to thank Mr. Roy for providing permission to reproduce this article.
Very rarely does the agricultural industry have much to celebrate in terms of legal victories. However, two significant legal decisions issued within the last 48 hours have provided some long-awaited relief to many in the California agricultural industry.
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Farm Labor Contractors and Garment Manufacturers Face New CA Licensing Requirements
The CA Labor Code requires FLCs and Garment Manufacturers to submit statements regarding unpaid wages to the Labor Commissioner whenever they apply for a new license, a license renewal, or wish to change key personnel.
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Central Valley Water Update
Farmers in the Central Valley heard encouraging words from U.S. District Judge Oliver W. Wanger last week when he put a two-week hold on pumping restrictions that were a part of a plan created to protect endangered salmon.
However, on February 10, 2010, when examining similar pumping restrictions to protect a fish called the delta smelt, the same Fresno District Court Judge denied temporary restraining orders that would allow water to continue to be pumped into the Sacramento-San Joaquin Delta, which serves as a main source of California's water supply.
Obama Extends COBRA Subsidy Benefits
In February 2009, the American Recovery and Reinvestment Act (ARRA) gave short-term COBRA subsidy benefits for assistance eligible individuals (AEI), such as employees who were involuntarily terminated between the period of September 1, 2008 and December 31, 2009. The subsidy pays 65% of monthly health insurance premiums for these employees.
On, December 19, 2009, however, President Obama signed legislation that extended the COBRA subsidy to individuals who were involuntarily terminated between the period of September 1, 2008 to February 28, 2010. Additionally, the length of the premium assistance period that begins for any individual who qualified for the subsidy on or after February 17, 2009, was extended from nine months to fifteen months. This legislation took effect immediately.
Farm Labor Contractors and Garment Manufacturers Face New California Licensing Requirements
Effective January 1, 2010, Assembly Bill 854 will add section 273 to the California Labor Code which will impose new requirements upon Farm Labor Contractors ("FLC") and garment manufacturers. California Labor Code § 273 will require and provide the following:
Year End Reminder: Earned Income Tax Credit Notice
This year, California employers required to provide unemployment insurance are required to notify all employees that they may be eligible for the federal Earned Income Tax Credit (“EITC”).
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If you're taking the 3:10 to Yuma...
FMLA Regulations Released Effective January 16, 2009. Are You Ready?
Recently, the U.S. Department of Labor issued a final rule updating the FMLA regulations. The final rule marks the first big change for FMLA regulations and implementations in 15 years. The regulation guides in the implementation of the new military leave benefit, enacted as part of the 2008 National Defense Authorization Act.
Read more: FMLA Regulations Released Effective January 16, 2009. Are You Ready?
Employment Practices Liability Insurance: Second in a Four Part Series
Employers who purchase Employment Practices Liability Insurance (EPLI) must be sure to understand the language of their policy, and be sure they understand what it does and does not cover. For example, policies typically cover a wide range of discrimination and employment practices claims, but many policies do not offer wage and hour coverage. Some policies do cover wage and hour coverage but operate subject to certain limitations, such as caps on defense costs, or coverage which excludes certain geographic areas. Employers must carefully review the language of the policy to make they understand the coverage provided. Some policies offer loss control assistance, which can help the employer to monitor its employment practices to minimize the risk of claims. The following is a general glossary of commonly used terminology for EPLI coverage.
Read more: Employment Practices Liability Insurance: Second in a Four Part Series
