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Wages & Hours

Execs sue Jays Foods’ parent company following bankruptcy

12/01/2007

Two former top executives have filed suit against Ubiquity Brands, the parent company of Jays Foods, over severance pay and unused vacation time that went unpaid when the company filed for bankruptcy in October …

Leap-Year compensation: cutting the check

12/01/2007

Q. I am new to HR and our payroll department just told me they’re lowering salaried employees’ pay next year to offset the additional pay period caused by the leap year. They said salaried employees are paid based on a yearly amount, and we normally have 26 pay periods but we will have 27 in 2008. My initial thought is, “This is not going to go over well.” — J.S., Pennsylvania …

Can we dock pay if worker exceeds sick-Leave limit?

12/01/2007

Q. A salaried employee used all his vacation and sick time. He’s allowed 21 days and so far has used 22 this year. He wants to take more vacation in December and is always sick (so he’ll probably be out more). Can I deduct his pay if he’s out more? Or can I take days from next year? — R.E., Pennsylvania …

Handling HR issues in wake of the Southern California wildfires

12/01/2007

Now that the smoke has begun to clear after record wildfires swept through Southern California, employers face some smoldering pay and leave questions. What if the fires forced you to close your workplace? Do you have to pay employees who were ready and able to work? When must your organization pay employees who were forced to leave their homes? …

Salary deduction for part-Week absence doesn’t always destroy exemption

12/01/2007

Without a doubt, complying with California and federal wage-and-hour rules is difficult. For example, making deductions from the regular salary of exempt employees who are absent can destroy their exemptions and mean back pay for overtime. Thankfully, there is a safe harbor …

Forced arbitration agreement doesn’t stop class-Action wage-and-Hour lawsuits

12/01/2007

A California appeals court ruled that employees can still participate in class-action wage-and-hour lawsuits even if they signed arbitration agreements waiving their rights to those kinds of suits as a condition of continued employment. The court said such agreements are unconscionable and therefore not enforceable …

Time to come clean: car washes handed $1.6 million in citations

12/01/2007

The California Division of Labor Standards Enforcement (DLSE) recently conducted two days of sweeps at approximately 100 car washes in six Southern California counties, uncovering an array of employment law violations …

SoCal contractor pays $200,000 in back wages to employees

12/01/2007

The U.S. Labor Department announced that a Southern California company paid $200,013 in back wages for unpaid overtime to 231 current and former employees. Memo Scaffolding, which specializes in setting up scaffolding for residential and commercial construction projects, also paid $60,000 incivil penalties …

Reconciling rest periods and restrooms

12/01/2007

Q. We operate a labor-intensive factory that requires workers to remain at their stations throughout most of the workday. Is it legal to require workers to use their 10-minute rest period to use the restroom? …

Madison County settles in religious discrimination case

12/01/2007

An agnostic paramedic sued Madison County for religious discrimination after the county offered Christian counseling, held Christian prayer meetings in the workplace and allegedly terminated him because of his agnosticism …