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Wages & Hours

Can we discipline exempt workers for attendance?

07/22/2010
Q. We require all employees to be in by 9 a.m. One of our exempt employees is constantly late. Can we discipline exempt employees for poor attendance?

How much can tip credits offset our minimum wage obligations?

07/20/2010
Q. We have always paid our waiters less than the minimum wage because of the tips they earn. Are we permitted to count tips as part of the minimum wage as long as we notify our employees of this practice and their actual tips equal or exceed the tip credit?

How can we manage conflicting vacation requests?

07/20/2010
Q. We are a small company. Two of our employees in the same department have asked to take vacation at the same time. We’re afraid that we will be short-staffed if both employees are out at the same time. Can we institute a policy preventing employees from being out simultaneously?

State home health care aides can file wage class action

07/20/2010
A group of in-home health care aides who claim the state illegally reduced their wages can file a class-action lawsuit, following a ruling by the U.S. District Court for the Northern District of California. According to the workers, who are part of the state’s In-Home Support Services (IHSS) program, California violated federal law when it cut state employees’ pay in an effort to balance the state budget.

$4.2 million settlement in parking lot wage case

07/20/2010
Chicago-based Standard Parking Corp. recently settled a wage-and-hour lawsuit brought by current and former California parking attendants, valets and cashiers. The company will pay more than $4 million to some 7,100 employees.

Farm workers would get OT sooner if bill passes

07/20/2010
A bill that would give California farm workers overtime pay for working fewer hours per week was recently approved in the state Senate. The bill, S.B. 1211, would allow farm workers to receive overtime pay for working more than 40 hours in a week, down from the current 60-hour threshold.

Privacy concern: Are ‘group’ time sheets legal?

07/19/2010
Q. Currently, we require each individual employee to fill out his or her own time sheet. But we’re considering a new format that lists all employees on one time sheet. Is this legal? Or should each employee’s time sheet be kept confidential?

Must we pay for our employees’ uniforms?

07/15/2010
Q. Our organization requires employees to wear uniforms on the job. Do we have an obligation to pay for the uniforms?

What’s the word on the kind of work high school students are allowed to perform?

07/15/2010
Q. Our company owns a number of hardware stores and we plan to hire some high school students this fall. Are there certain limitations under child labor laws that restrict the types of duties that minors can be allowed to perform?

In our company, sleeping on the job is OK, but do we have to pay employees for it?

07/15/2010
Q. We operate a home health care business. Our employees frequently are on duty for more than 24 hours. If employees are able to sleep during shifts that are 24 hours or more, do we have to pay them for those hours?