No California Rules for Bonus Overtime Calculations, Court Says
Anyone who deals with payroll has probably gotten a headache or two trying to understand out how bonuses figure into overtime calculations.
Tag: california hr
CA Labor Commissioner Issues Over $800,000 in Fines
Investigators from the California Labor Commissioner’s Office recently issued over $800,000 in fines to businesses in the restaurant industry for numerous labor law violations during a statewide enforcement effort.
Wal-Mart Settles Break Suit for $54.25 Million
Retail giant Wal-Mart has agreed to pay up to $54.25 million to settle a lawsuit accusing the retailer of violating hours of work and break laws at Wal-Mart and Sam’s Club stores in Minnesota. This settlement follows a judge’s decision last summer finding that Wal-Mart violated a host of wage and hour laws. Approximately 100,000 […]
No Punitive Damages for Wage-Hour Violations, Court Says
A California court of appeals has ruled that an employee cannot recover punitive damages for the employer’s violations of state Labor Code provisions governing meal and rest breaks, pay stubs, and minimum wages.1 That’s because those Labor Code provisions include specific remedies, including penalties that are punitive in nature—and those are the only remedies available. […]
Court Denies Attorney’s Fees for Frivolous Suit Against Manager
When an employee files a lawsuit that turns out to be frivolous, the employer can usually recover its own attorney’s fees expended in defending itself in the case. But now, in a blow for employers, a California appeals court has ruled that Exxon Corp. could not recover attorney’s fees it was required to expend to […]
U.S. Supreme Court Issues Important Retaliation Ruling
The U.S. Supreme Court has just released a ruling in the case of Crawford v. Metropolitan Government of Nashville and Davidson County, concluding that Title VII’s anti-retaliation provision extends to an employee who speaks out about discrimination while answering questions during an employer’s internal investigation.
E-Verify Requirement for Contractors Delayed
The federal government has decided to delay implementation of a rule that requires federal contractors to use E-Verify to verify their employees’ eligibility to work in the United States. The rule was scheduled to take effect January 15; implementation has now been delayed until February 20. We’ll keep you posted.
Criminal Histories: What Not to Ask
Knowing what questions to ask applicants is key to finding the right people for your company. But it’s just as important to know what questions not to ask to avoid potential lawsuits. For example, asking job applicants about personal information like marital status, sexual orientation, and pregnancies can be one of the quickest routes to […]
Brinker and Brinkley: The Saga Continues
In the January issue of California Employer Advisor, we reported on Brinkley v. Public Storage, Inc., which held that employers are required merely to provide employees with meal and rest periods, not ensure that employees actually take them (CEA online subscribers can read more on the case here).
Obama’s First Move–Signing Equal Pay Bills?
New hurdles in defending against pay-bias lawsuits may be coming soon to a workplace near you. The Democratic-led U.S. House of Representatives has overwhelmingly passed two pay discrimination bills—the Lilly Ledbetter Fair Pay Act (H.R. 11) and the Paycheck Fairness Act (H.R. 12). Senator Hillary Clinton (D-NY) is expected to introduce companion legislation in the […]