Yesterday, the Supreme Court of the United States ruled that the Patient Protection and Affordable Care Act of 2010 as amended by the Health Care and Education Reconciliation Act of 2010 is constitutional. The decision came down in the cases entitled, National Federation of Independent Business et al. v. Sebelius, No. 11-393 (June 28, 2012), Department of Health and Human Services et al. v. Florida et al., No. 11-398, and Florida et al. v. Department of Health and Human Services et al., No. 11-400). There, the 5 to 4 majority decided that the law is constitutional as an exercise of Congress’ power to tax, despite the congressional record stating it is not a tax. In California, where statutes that say “penalty” are later determined by courts to be “wages” these types of word games come as no surprise.
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FAQ: What Should An Employer Do When an Employee on FMLA Leave Says They Will Not be Returning to Work?
By Ramona Carrillo on
Posted in FMLA and Other Leaves of Absence
Question: An employee is out on FMLA leave to care for her newborn baby. Before her leave ends, she notifies her employer that she actually does not intend to return to work. Does the employee still have any restoration rights? Can the employer recover any health care premiums they paid during the employee’s FMLA leave?Continue Reading FAQ: What Should An Employer Do When an Employee on FMLA Leave Says They Will Not be Returning to Work?
Recent Developments Warrant Review of Arbitration Agreements
By Ramona Carrillo on
Posted in Employment Contracts and Agreements
An employer’s ability to have disputes with employees resolved by arbitrators instead of courts had some ups and downs in recent days. One of those developments suggests that employers should review and perhaps revise their arbitration agreements to keep them enforceable in state court. The other development indicates that arbitration agreements will continue to be treated favorably by federal courts.Continue Reading Recent Developments Warrant Review of Arbitration Agreements
San Francisco: Incubator for Bad Employment Laws
By Labor & Employment on
laborDriving across the San Francisco Bay Bridge still provides one of the most beautiful views of any City I have seen in the United States. However, once off the bridge, you witness business owners besieged by a Frankenstein type laboratory of unfriendly employment laws. There is little doubt in my mind that, but for the view from the bridge, San Francisco would be Barstow, with nary a business in sight due to anti-employer laws. While these awful employment laws are good news for surrounding employer friendly counties, such as San Mateo, Santa Clara, Marin, and Contra Costa, we must remain vigilant to ensure these toxins do not get dumped in the Bay to spread like the plaque they are.
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