Most Popular
Supreme Court: Medical Residents Must Pay Social Security Taxes
Yesterday, in one of its first rulings of 2011, the U.S. Supreme Court unanimously held that medical residents are considered employees when it comes to social security taxes. In Mayo Foundation for Medical Education and Research v. United States, Mayo challenged regulations issued by the Treasury Department that clarify what types of students are not […]
Exempt Employees: Labor Commissioner Won’t Follow Federal Docking Rules, Issues Strict New California Standard
Under federal wage and hour law, employees must be paid a predetermined salary to qualify as exempt from overtime. And there are strict guidelines on when salary docking can jeopardize exempt status. When overhauling state wage and hour laws in 2000 with the passage of A.B. 60, California for the first time adopted similar salary […]
News Notes: New Wage Order For Construction And Related Industries
The Industrial Welfare Commission has issued a new wage order covering the construction, drilling, logging and mining industries. This is the first time these industries have been regulated by a special wage order comprehensively governing wages, hours and working conditions. The new wage order covers, among other things, minimum wage and overtime rules, alternative workweek […]
When Sick Time Is Used Up, Do We Still Have to Pay?
Short Takes: Earthquakes
A few employees are worried about “earthquake-proofing” our offices. What can you suggest?
News Notes: Supreme Court Raises Hurdle For Job Bias Punitive Damages
The U.S. Supreme Court has made it harder for employees to win punitive damages under federal anti-discrimination laws. The case involved a suit by a female attorney who claimed she was denied a promotion because of her sex. The court agreed with the employee that punitive damages are available when an employer acts with “reckless […]
Determining FMLA Eligibility: Minimum Worksite Requirement
This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the second area of the three-prong test used to determine FMLA eligibility, the minimum hours requirement.
Employment Law Tip: Watch Out for Weingarten Rights
The National Labor Relations Act (NLRA) allows employees, both union and non-union, to engage in “concerted activities for the purpose of mutual aid or protection.” This includes an employee’s right to have a union representative present at an investigatory meeting that the employee reasonably believes could result in discipline.
News Notes: Big Lots Announces Overtime Settlement
Big Lots Inc. has signed off on a $10 million settlement of a lawsuit charging that more than 1,400 managers and assistant managers at the Ohio-based retailer’s California discount stores, including Pic ‘N’ Save and MacFrugals, were misclassified as exempt. The employees charged they spent the bulk of their time performing nonmanagerial tasks such as […]