By Calvin House | Published June 3, 2012 | Posted in Uncategorized |
Search Site
Author Archive
Calvin House
What is a False Claims Act case?
Both the United States and California have False Claims Acts, which allow employees to file actions on behalf of the government against employers who submit claims for payment that are false. In a recent example of the substantial payments that such lawsuits can lead to, a former Countrywide employee is set to receive $14.5 million based on Read More
Read MoreUsing Convictions and Arrests To Make Hiring Decisions
Last week, the EEOC adopted an enforcement guidance on the use of arrest and conviction records in employment decisions. It issued a press release, the guidance document itself, and a question-and-answer document about the guidance. With the guidance in mind, now is a good time for employers to scrutinize how they use such records to make hiring decisions. The EEOC’s Read More
Read MoreHow To Reduce Liability Risks When Discharging Employees
The best way to reduce the liability risks associated with firing employees is to make sure that you hire good employees. But, even employers who screen very carefully during the hiring process will find themselves from time to time with employees they do not wish to retain. Here are some important things to keep in Read More
Read MoreWho Is The (An) Employer?
Questions may arise about which of multiple actors is responsible for various aspects of an employment relationship. When a temporary agency provide a worker to one of its clients, can the client be sued for not providing a meal period? Is the agency or the client responsible for compliance with the family leave statutes? If Read More
Read MoreExemptions from Wage and Hour Rules in California
The California rules on exemptions differ in several respects from those under the federal Fair Labor Standards Act. In most respects the California rules take a narrower view of the exemptions. In one notable circumstance, the FLSA standard is more favorable to employees. Employers in California must follow the rule that takes the narrowest view Read More
Read MoreMinimum Wage Principles
There is constant debate about whether requiring employers to pay their employees a minimum wage is good public policy. Henry Hazlitt (against): “The first thing that happens, for example, when a law is passed that no one shall he paid less than $30 for a forty-hour week is that no one who is not worth Read More
Read MoreLearn About the Equal Pay Act
The Equal Pay Act is a federal statute that tries to assure pay equality between male and female employees, even though job titles may differ. Although the Equal Pay Act has been in effect since 1963, a pay gap continues. A GAO study released in October 2011 estimated that “in 2010, less-educated women earned 86 cents—compared with 81 Read More
Read MoreGPH Employment Law Blog: Learn About the Equal Pay Act
Three teachers have recently been in the news for their extracurricular activities. A Philadelphia high school teacher was suspended for complaining on her blog that her students acted like “rude, disengaged, lazy whiners.” A Florida high school football coach was fired for sending racy pictures to his non-student girlfriend. Another Florida teacher was fired for posting to Read More
Read MoreWhich Law Tells Employers How To Treat Their Employees?
Recent news reports about labor law violations at plants operated by one of Apple’s contractors in China prompt consideration of who may regulate an employer’s relationships with its workers. An employer based in California may have employees in other states, and in other countries. Employers in other states and countries may have employees in California. Which Read More
Read MoreEmployment Lawsuits against Public Employers
The Supreme Court’s decision this past week in Coleman v. Court of Appeals of Maryland (Case No. 10-1016) prompts consideration of some of the quirks in the law governing lawsuits by public employees against their state, county and municipal employers. (Coleman held that state employees may not sue for denial of FMLA leave for their own serious health conditions.) What Read More
Read More