NEW EMPLOYMENT RELATED LAWS FOR 2013

FEHA's Definition of “Sex” Expanded to Protect Breastfeeding
The California Legislature has taken another step to expand the definition of "sex" under the California Fair Employment and Housing Act (FEHA), which prohibits specified discriminatory practices in employment. Under existing law, “sex" includes gender, pregnancy, childbirth, and medical conditions related to pregnancy or childbirth. AB 2386 expands the definition of "sex" to include breastfeeding and medical conditions relating to breastfeeding.

Religious Accommodation under FEHA Enhanced
Under FEHA, employers must reasonably accommodate religious beliefs and observances of their employees unless the accommodation would create an undue hardship for the employer. AB 1964 clarifies that religious dress and grooming practices are covered "beliefs and observances." In addition, the new law states that FEHA's "significant difficulty or expense" definition of undue hardship, not the narrower federal Title VII standard, applies to the FEHA religious discrimination section. AB 1964 also specifies that segregation, such as assigning an employee to a stock room out of public view, will no longer be an acceptable religious accommodation.

Employee Social Media Privacy Interests Protected
AB 1844, an addition to the California Labor Code, will prohibit employers from requiring or requesting that employees or applicants disclose their user name or password information for any personal social media, or that they "divulge" any personal social media. "Social media" is broadly defined to include any "electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations." A limited exception will allow employers to ask employees to divulge their personal social media for the purpose of an investigation into alleged employee misconduct or violations of law.

Employee Rights To Inspect Personnel Files Clarified
While existing California law already provides employees with the right to inspect their personnel files, the law was previously unsettled on certain specifics of that process. AB 2674 eliminates some of that confusion by amending the Labor Code to specifically require that employers retain personnel files for at least 3 years following termination of employment, and to permit current and former employees (or their representatives) to inspect and receive a copy of their personnel records within 30 days of a request to do so.
The new law also specifies that an employer is not required to comply with more than 50 requests for copies of personnel records by "a representative or representatives of" employee(s) in one calendar month. In addition, the new law requires that employers develop, and provide upon request, a written form employees may use to request access to, and a copy of, records in their personnel file.

Temporary Services Employers Must Provide Extra Detail on Wage Statements
Beyond the extensive wage statement requirements already in place for California employers under the Labor Code, AB 1744 will amend the Code to require that temporary services employers (with the exception of certain security services companies) include additional information on employee wage statements. Specifically, temporary service employers will also have to include the rate of pay for each separate assignment, the name and address of each entity that secured the temporary employee's services, and the total hours worked for each such entity. These new requirements for temporary services employers will not take effect until July 1, 2013.

Appealing a Denied Life Insurance Claim

An Incentive to Deny

As you know, insurance companies make more money when they deny claims. They will look for any opportunity to delay or deny life insurance coverage. This may involve accusing the deceased policyholder of fraud or misrepresentation or look for improper policy exclusions that would allow them to deny the claim.

Appealing a Denial of Life Insurance Benefits

Many wrongful denials of life insurance benefit claims can be overturned without the cost, frustration, and delay of filing a lawsuit, simply by supplying the right information and knowing how to respond to your insurance companies accusations. Understanding the common tactics utilized by insurance companies and recognizing their deceptive behavior is essential in securing your rights and preparing an effective response. However, before you proceed, it is vital that you understand your rights and obligations under your insurance policy and the law that governs your claim. If you fail to meet your obligations, you may unknowingly fatally destroy your claim. Your response to your insurance company's wrongful denial of your life insurance claim depends on the law that governs your claim. Private insurance policies, purchased independent from your employment, will fall under your state's contract law. However, most group insurance policies, obtained as a product of employment (whether you pay your premiums or your employer pays the premiums) fall under the federal statute, ERISA. Both types of claims have unique and specific requires for claimants in responding to their insurance company's wrongful denial.

The attorney at RAXTER LAW is passionate about using his knowledge and experience in handling these complex legal issues to vigorously fight to protect your rights. Many denials can be overturned prior to litigation, by effectively preparing an appeal in response to your insurance company's wrongful denial of benefits. However, if an insurance company refuses to overturn its wrongful and unreasonable denial, RAXTER LAW will aggressively fight to obtain all the benefits owed to our clients in a court of law. 

 

Call us today for a free consultaiton and case evaluation.

(951) 226-5294

 

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http://www.cbsnews.com/video/watch/?id=7363750n

http://www.cbsnews.com/video/watch/?id=7363750n


A good video regarding Life Insurance Denials - Feel free to contact Raxter Law if your find yourself in this situation for a free evaluation.

(951) 226-5294 - Serving all of Southern California.

Life Insurance Denial

When you purchased life insurance you purchased is as a safety net (honestly, you hoped you never had to claim it). We hope that nothing will happen to us or our loved ones, but in the event that it does, we want those near us not suffer financial hardship.

But when an insurance company sells you a policy, it as a gamble. They have a system called an actuarial table, that virtually guarantees they will win overall. Just take a look at the record profits posted by major insurance companies in recent years and you will notice thier system works (works very well, to be honest). However, insurance companies are not satisfied with just winning—they want to win big, which they do by looking for an excuse to deny every claim, including yours.

One of the most common tactics life insurance companies use to deny your claim is accusing you or your loved one of making a "material misrepresentation" on your application for the policy. Often they will claim your loved one misrepresented his or her:

• Age
• Alcohol, drug, or tobacco use
• Occupation
• Employment history
• Dangerous hobbies, pastimes, or behavioral traits
• Ownership of other life insurance policies

They can claim that these material representations invalidate the policy, even if they had nothing to do with the cause of death.

In these cases, the material misrepresentation is ripe for legal argument. As an experienced life insurance attorney I can make sure the policy is honored even in the face of such claims by the insurance company.

With a lawyer on your side, the insurance company must follow all the rules (both legally and contained within the policy) thereby assuring you will not have to suffer from a "blanket denial."

First if you have lost a loved one, let me be the first to state that I am sorry for your loss. Second, if you have received a denial from your life insurance carrier, or expect one, call the Attorney at RAXTER LAW at  (951) 226-5294.

The consulation is FREE and most cases are accepted on a contingency basis - which means no recovery no fee. We represent client in all of southern california.

 

Happy Veterans Day

Happy Veterans Day!
Just a side note - We proudly give discounts to Military YEAR ROUND!