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New California law grants domestic workers overtime pay

by Cathleen S. Yonahara A new California law taking effect January 1, 2014, grants overtime pay for at least the next three years to domestic workers who are personal attendants. Under old state law, “personal attendants” are exempt from statutory overtime and meal and rest break provisions, but they are not exempt from minimum wage […]

Wisconsin

FLSA: Workers’ Preliminary ‘Donning and Doffing’ Duties Compensable

By Troy D. Thompson of Axley Brynelson, LLP Earlier this year, the Wisconsin Supreme Court decided that time spent by employees putting on and taking off company-required clothing to comply with federal regulations is compensable time for which they must be paid.  The court’s decision is largely consistent with a line of other recent decisions […]

Can Less Pleasant Still Be Equivalent?

Job restoration for employees returning from family leave can be tricky. Today, we look at a couple of common scenarios. FMLA Restoration Example 1 John is a bank teller. He works at a bank branch 20 miles from his home. The branch is in a suburban neighborhood that allows John to do shopping or to […]

3 Paths To Better Training

Training is often perceived as a soft science. But to train better and to get more funding for training, consider doing it “by the numbers.” These days, business is increasingly ruled by numbers. But there are some things that can’t be quantified, right? Like how the human mind can be affected by training. Not so, […]

High Court Ruling on ‘Stock-Drop’ Could Chase Company Shares out of 401(k)s

A brief from the U.S. Solicitor General recommending that the U.S. Supreme Court hear a “stock-drop” class-action case could make it the most important ERISA litigation of the High Court’s current term. Employee benefits attorneys watching the case’s progress say a High Court decision could deter employers from offering employer stock as a 401(k) plan […]

Age Bias: Bank Manager’s Careless Remarks Lead To $430,000 Judgment For Laid-Off Worker

Bank of America recently learned the perils of terminating workers over age 40. One of its managers offhandedly suggested that a laid-off older employee retire, then later promised to help her get an interview for another bank job. However, he never followed through. Unfortunately for the bank, a jury believed that these incidents, along with […]

Workplace Electronic Monitoring: What’s Legal? What’s Not?

What legal right do bosses have to monitor their workers’ communications, especially when sent through new technologies?  The answer (as usual) is: It depends. Yesterday’s Advisor briefed you on the subject of electronic surveillance of your employees. We summarized the pros and cons of looking at your employees’ e-mails, instant messages (IMs), and other communications, […]

moonlight

89% of Moonlighters Plan to Keep Second Jobs in 2016

Slow wage growth continues to impact many U.S. workers, with 89% of moonlighters planning to keep their part-time second jobs in 2016 either fully or in part, and over 50% doing so to keep up with “cost of living,” according to a new survey by Indeed.com.