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California wage and hour law is a convoluted landscape when it comes to determining when a prevailing employee or employer can recover attorneys’ fees and costs. Under California Labor Code Section 1194, an employee who wins a lawsuit against her employer for nonpayment of overtime compensation is entitled to recover reasonable attorneys’ fees.
A California Court of Appeal has found that an employer may be liable under the California Fair Employment and Housing Act (FEHA) for failing to accommodate an able-bodied employee’s request to modify his work schedule to care for a disabled family member. The court’s interpretation of the FEHA creates significant new obligations for California employers.
After analyzing the job posting activity of over 40,000 companies in its database, FlexJobs has identified the top 10 states where companies recruited the most state-based telecommuters in 2015. For the second year in a row, California, Texas, and New York lead the states with the highest number of telecommuting job postings.
In its new overtime regulations, the U.S. Department of Labor (DOL) has more than doubled its salary threshold for the Fair Labor Standards Act’s (FLSA’s) white-collar overtime exemptions. This causes a rare circumstance in which federal law provides employees with more protections than California law.
Is an employer required to allow for intermittent time off due to military service? Can an employer require employees to provide proof of the need for intermittent time off?
The landscape of employer leave management continues to undergo change and is increasingly complex. However, results of the fifth annual DMEC Employer Leave Management Survey show that employers of all sizes are mastering compliance and other challenges posed by new leave laws and reinterpretations of regulations.
By David M. Stevens, Whiteford, Taylor & Preston Employers frequently experience heartburn when employees who have recently taken leave protected by the Family and Medical Leave Act (FMLA) engage in conduct that warrants discipline or even termination. You are rightly concerned about the possibility that an employee in that situation may allege retaliation if you […]
By John S. Gannon, JD, Skoler, Abbott & Presser, P.C As employment litigation becomes more and more prevalent, employers are left wondering whether it’s ever safe to fire employees who violate company policy. Courts and administrative agencies have ruled against employers that have fired employees for improprieties such as shouting obscenities in the workplace or […]
This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on caring for adult children. Employees who are eligible for FMLA leave who want to take leave to care for a child 18 years of age or older must satisfy five requirements to qualify for FMLA […]
In yesterday’s Advisor, Francine Esposito, Esq., partner at Day Pitney LLP, discussed the challenge of managing employees’ use of social media and the consequences of taking improper actions. Today, Esposito elaborates on a different set of consequences: those that arise from not taking any action at all on the issue of social media.