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In a 5-4 decision, the U.S. Supreme Court held April 16 that because an employee received an individual settlement offer that fully satisfied her Fair Labor Standard Act claims, her individual and collective action claims could not go forward. The Court said that after her employer made an “Offer of Judgment” for the full amount […]
Ernie Ruiz, a driver for Sysco Food Services of San Diego, was accused by a co-worker of brandishing a knife in an argument over a jacket. Ruiz was sent home, Sysco employees called police, and the next day, Ruiz—who denied the accusations—was terminated for violent and threatening conduct. He sued for defamation arising out […]
Employers — particularly those that sponsor self-funded plans — have important health care reform mandates to comply with in January 2014, many of which are unaffected by the Obama administration’s stay in enforcement of the pay-or-play rules. There is still time for employers to get their health care reform fixes right. The job is more […]
The federal Department of Labor has launched a new Web page to help employers comply with posting requirements for a number of federal laws. By answering a series of questions, you can determine which federal posters you must display and then print them directly from the Internet. The Web page also lists who to contact […]
In an important new ruling, the California Supreme Court has approved an employer’s practice of paying increased salaries and commissions to cover employees’ mileage expenses. At issue was Labor Code Section 2802, which requires employers to indemnify employees for necessary expenditures they incur as a result of the job. The employees here had argued that […]
As of Jan. 1, 2003, the new hourly rate that you must pay certain computer software professionals in order for them to qualify for overtime exemption will be $43.58. And the new hourly rate for exempt licensed physicians and surgeons paid on an hourly basis will be $56.21. The California Department of Industrial Relations adjusts […]
After much delay and hoopla, the long-anticipated changes to the federal Family and Medical Leave Act have been finalized. They were released early today and will take effect Jan. 16, 2009.
by By J. Robert Brame, McGuireWoods, LLP U.S. Supreme Court Justice John Paul Stevens has announced he will retire at the end of the current Court session in June or July. Stevens, who turns 90 on April 20 and is the longest-serving member of the current Court, had hinted that a decision on retirement might […]
A new decision from a California Court of Appeals underscores how erroneously classifying workers as independent contractors rather than employees can have serious tax consequences. The case involved a group of courier companies—collectively called Sonic—that classified delivery drivers as independent contractors and reported their pay on 1099 forms. The California Employment Development Department, however, decided […]