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FLSA: New Guidance Issued on Donning and Doffing; Does the 'Clothes-Changing' Exemption Excuse You From Compensating Employees?
September 2010
The question of whether employers must compensate employees for time spent donning and doffing uniforms and protective equipment continues to be a hot topic. . . . more
Bulletin: Labor Commissioner obtains $3.9 million judgment against janitorial service
August 2010
The Labor Commissioner has obtained a default judgment in a lawsuit to enforce Labor Code Section 2810. The law makes it illegal to . . . more
Bulletin: DOL addresses compensation for donning and doffing
August 2010
The question of whether time spent donning and doffing uniforms and protective equipment must be compensated continues to be a hot topic. In several recent cases, for example, courts have held that . . . more
Wage and Hour: State Supreme Court Expands Definition of 'Employer' Under Wage Laws; Could You Be Liable for Another Company's Workers?
August 2010
The question of who is or isn't an employer seems pretty straightforward, but that hasn't always been the case when it comes to wage and hour laws. . . . more
Compensation: Nonexempt Employees File Wage and Hour Class Action Against Bank; Tips for Preventing Similar Claims
August 2010
California employees of Bank of America (BofA), one of the nation's largest employers, have joined forces with colleagues from across the country to sue the bank for violations of the Fair Labor Standards Act (FLSA) and similar laws in California and other states. The lawsuit is a strong reminder for employers that there's a lot more to complying with wage and hour laws than just paying nonexempt workers minimum wage and overtime. . . . more
Online Exclusive: Checklist for Unpaid Internship Programs
July 2010
Internship programs can provide advantages for both employers and interns, but many internships risk running afoul of state and federal laws. Employers can end up on the hook for significant amounts in unpaid wages, employment taxes, and penalties. To avoid these unintended consequences, make sure your program: . . . more
Wage and Hour: When Are You Required to Pay Employees for Training Time?
July 2010
Many employers offer their workers training opportunities, and many require their employees to attend such programs. The problem is that some of these employers mistakenly neglect to treat the time spent at training programs as "hours worked." In reality, though, required training for nonexempt employees is generally compensable time. . . . more
Bulletin: Online Exclusive: Checklist for Unpaid Internship Programs
July 2010
Internship programs can provide advantages for both employers and interns, but many internships risk running afoul of federal and state minimum wage laws. Employers could end up on the hook for . . . more
Wage and Hour: Police Officers Aren't Entitled to Pay for Donning And Doffing Their Uniforms
June 2010
Many jobs require employees to wear uniforms, which has raised questions about whether workers should be compensated for time spent putting uniforms on and taking them off. The Ninth Circuit Court of Appeals, which covers California, is the latest court to weigh in on the issue. According to the court, employers aren't required to pay employees for time they spend donning and doffing their uniforms at the workplace unless doing so is an essential part of the job. . . . more
Wage and Hour: State Reaches Settlement in First Lawsuit for Insufficiently Funded Subcontracts
May 2010
Many companies subcontract their janitorial, security, or other services. But did you know that this practice could open you up to liability for wage and hour violations? . . . more
Wage and Hour: Feds Focusing on Independent Contractor Misclassifications
March 2010
Representatives of the federal government have noted on several recent occasions that employees who are misclassified as independent contractors don't receive protections and benefits to which they are legally entitled. Misclassification also affects the government's bottom line&$8212employers may fail to pay taxes they would be required to pay if a worker was classified as an employee. Now the federal government is poised to confront the problem of misclassification. . . . more
Wage and Hour: Even Mistaken Wage Claims Are Protected From Retaliation
February 2010
California law protects employees from retaliation for making complaints about their wages and working conditions. But what if the employee makes a mistaken claim for unpaid wages? As a recent court of appeals decision makes clear, an employee's wage complaint need not be valid to be protected by California law. . . . more
News Note: Settlement of UPS Supply Chain Solutions Overtime Lawsuit Approved
February 2010
The federal district court for the Northern District of California has approved a $12.8 million class action settlement in an overtime case brought against UPS Supply Chain Solutions on behalf of workers in . . . more
News Note: Labor Commissioner Charges California Car Washes More Than $900K
January 2010
In a series of statewide sweeps at the end of 2009, the California labor commissioner's office issued orders for car wash business owners to pay . . . more
Online Exclusive: Sample Reduced-Hour Workweek Policy for Nonexempt and Exempt Employees
CEA Online Exclusive November 2009
Use this policy if you intend to implement a reduced-hour workweek for employees to avoid laying employees off or in response to company financial difficulties. Provide a copy of the policy to employees before reducing any hours or wages in order to notify them of the basis for the hours reduction and offer an understanding of why their wages will also be reduced . . . more
Wage and Hour: New Decision Sheds Light on When You Have to Pay Employees for Minimal Pre- and Post-Shift Activities
November 2009
Mike Rutti was a security system technician who installed and repaired vehicle security systems for Lojack Corp. in Orange County. Rutti did not work out of a Lojack office. Instead, he and other technicians worked from their homes or on-site at customer locations. . . . more
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