Categories
Compliance/Best Practices Employment Law Legal Topics

Lunchtime!

lunch_158232599California employers have to provide meal periods, but they don’t have to make sure that employees actually take them. What does this really mean?

Categories
Business Law Compliance/Best Practices Employment Law Legal Topics

Pay Me Back: Every Employer Should Have an Expense Reimbursement Policy

hotel_78056111You take a business trip and, of course, you want to be reimbursed for your expenses. California law backs you up. Employers: don’t get caught unaware—know the law and have a policy in place that complies with it.

Categories
Employment Law Legal Topics

Wages May Not Be on the Rise, But Wage and Hour Suits Are

A recent study by the law firm Seyfarth Shaw discussed in The Blog of LegalTimes shows a steady increase in wage and hour suits brought under the Fair Labor Standards Act (FLSA) over the last few years. Seyfarth partner Richard Alfred explains the spike as due to the bad economy; those who lost jobs are looking at their legal options. And he doesn’t see an end to the increase any time soon. This presents an opportunity for those attorneys who are up to speed in this area. Here’s an overview of the FLSA to get you started.

Categories
Business Law Compliance/Best Practices Employment Law Legal Topics

Holiday Pay

Getting set for the holiday this week? Make sure that your policy on holiday pay is set too.

Categories
Business Law Employment Law Legal Topics

While You’re Getting an Extra Hour of Sleep, Others Are Getting an Extra Hour of Work

It’s time to turn back our clocks one hour this weekend, which for most of us means another hour of blessed sleep. But for overnight workers, it means another hour of work. And that extra work must be compensated.

Categories
Employment Law Legal Topics New Legal Developments

Anti-Retaliation Protections in the FLSA Don’t Apply to Job Applicants

The Fair Labor Standards Act (FLSA), which was intended by Congress to govern the employment relationship, does not cover job applicants. At least, that was the conclusion the Fourth Circuit recently reached in a case of first impression at the federal appellate level.

Categories
Business Law Employment Law Legal Topics

Wage Claims Are Not Subject to Mandatory Arbitration

It was close, but the California Supreme Court in Sonic-Calabasas A, Inc. v Moreno (.pdf) has ruled in favor of employees in a decision holding that arbitration agreements do not preempt administrative wage claim procedures. An employee who has a wage claim against his or her employer, but is subject to an arbitration agreement, can go first through the Labor Commissioner’s administrative processes before the employer can require arbitration.

Categories
Employment Law Legal Topics

California Supreme Court Clarifies Definition of “Employer,” but Farmworkers Walk Away Emptyhanded

After languishing on the California Supreme Court’s docket for 6 years, Martinez v Combs (2010) 2010 Cal Lexis 4660 has finally been decided, and it is a historic decision. At the heart of the case is an issue that has not been clarified by the courts for nearly 100 years: Who qualifies as an “employer” under the state Industrial Welfare Commission’s (IWC’s) wage orders?

Categories
Employment Law

7 Wage and Hour Issues to Be Decided

Think you’re current with wage and hour law? Did you know that the California Supreme Court currently has 7 wage and hour cases on its docket? These cases involve some very interesting and important issues, including