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In Compliance with Wage/Hour? Not Likely

According to one recent survey, pay violations are rampant, says attorney Laura E. Innes, Esq. For example, more than a quarter of those surveyed reported that they had received less than the minimum wage in the previous week, and 60% of those reported being underpaid by more than $1 per hour. Innes, a shareholder in […]

Wage and Hour: California’s Minimum Wage Going Up to $8.00

On Monday, Governor Arnold Schwarzenegger and California legislators agreed to elevate the state’s minimum wage to $8.00 per hour from the current $6.75 per hour. The increase will take effect in two stages: minimum wage earners will get a 75 cent/hour boost on Jan. 1, 2007, to $7.50, and then another 50 cent/hour raise on […]

What Maine Election Results Mean for Employers

By Daniel C. Stockford While voters handily reelected both of Maine’s Democratic representatives to the U.S. House of Representatives, a sea change occurred at the state level as the governorship and the legislature apparently have switched from Democratic to Republican control. In a surprisingly close governor’s race, Republican Paul LePage appears to have narrowly held […]

Benefits Denials Scrutinized When Plan Administrator Plays Dual Role

The U.S. Supreme Court has ruled on the level of scrutiny courts must apply when an employee challenges a denial of benefits and the plan administrator, whether the employer or an insurance company, played the dual role of determining whether the employee was eligible for benefits and paying benefits out of its own pocket.1 The […]

Supreme Court Rejects DOL View; Rx Sales Reps are “Outside Sales” Employees

In a blow to a U.S. Department of Labor position, a divided Supreme Court ruled today that pharmaceutical sales representatives qualify for the “outside sales” exemption of the Fair Labor Standards Act. In an opinion delivered by Justice Samuel Alito, the Court found that under the most reasonable interpretation of DOL regulations, PSRs qualified as […]

Employment Law Tip: Leave for Victims of Domestic Violence or Sexual Assault

In California, an employer with 25 or more employees is prohibited from discharging or in any way discriminating or retaliating against an employee who is a victim of domestic violence or sexual assault because that person takes time off from work for any of these reasons: to seek medical attention for injuries caused by the […]

Workers’ Compensation: When You Could Be Liable For Injuries During An Employee’s Commute

San Diego police officer Stephen Molnar was subpoenaed to testify in court on a work-related matter on a day he wasn’t scheduled to report for duty. While driving his personal car from home to the courthouse, he was injured in an automobile accident. Molnar filed a workers’ compensation claim, which was ultimately denied. We’ll explain […]