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Employment Law

Worker’s hour count is off—Now what?

12/31/2008

Q. We do not believe that one of our employees is keeping accurate time records of her work. Can we pay her what we believe she worked instead of what her time records show?

Court: No punitive damages for lost breaks

12/24/2008

A California appeals court has overturned a large punitive damages jury award in a case involving underpaid wages and missed meal and break periods. Had the court upheld the awards, employers would have had a whole new reason to lose sleep over inaccurate payroll records.

Offer meal breaks—and tell workers to take them

12/24/2008

California’s Labor Code provides substantial protection for hourly workers by requiring that their employers offer meal breaks during long shifts. But what happens if you tell employees when to take their meal breaks, and they don’t?

Follow up on complaints to ensure mistreatment stops along with harassment

12/24/2008

California’s Fair Employment and Housing Act protects employees from sexual harassment by co-workers. But what happens if management stops the harassment but the co-workers find other ways to make life miserable for their victims? It’s HR’s responsibility to make sure a victim of sexual harassment isn’t targeted for other mistreatment …

Don’t panic when former employee files massive lawsuit—most claims go away

12/24/2008

These days, employees and their attorneys often go to great lengths to intimidate employers. One way to do that is to file a huge lawsuit—one that takes up pages and pages, and includes a laundry list of allegations … Before you panic, call your attorneys

Consider all possible costs when determining whether arbitration will save you money

12/24/2008

When it comes to reducing the time and expense of litigation, be careful what you wish for. Attorneys often advise employers to consider adopting arbitration clauses to settle employment disputes. With arbitration, no jury is involved; the case stays out of court; there’s no bad publicity; and it may be cheaper—or maybe not.

Retired NFL players’ blitz throws union for a big loss

12/24/2008

Usually, employers get zapped when employees sue, but that isn’t always so. Sometimes the union that represents employees gets slapped with a huge penalty, too—especially if it neglected to look out for workers’ interests.

No ERISA benefits if employees aren’t on the payroll

12/24/2008

Now is a good time to review the eligibility requirements for your health and welfare benefits plans. If you word them correctly, you can exclude people who work for the company under third-party contracts …

Failure to provide for breaks will cost $25 million

12/24/2008

Federated Department Stores has agreed to settle charges that it denied meal and rest breaks to Macy’s and Bloomingdale’s department store employees. According to the settlement, Federated will pay $25 million to 200,000 employees.

New law eliminates OT for highly paid computer professionals

12/24/2008

Gov. Arnold Schwarzenegger has signed a bill that will eliminate overtime pay for certain computer professionals. Assembly Bill 10 creates an overtime exemption for computer professionals working in California who are engaged in “intellectual or creative” work …