By Calvin House | Published May 10, 2009 | Posted in Uncategorized |
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Calvin House
One Worker, Two Related Employers
Allegations in a recent lawsuit against several McDonald’s franchisees in Monterey County raise an issue about application of the wage and hour laws to employees who work for more than one employer. The complaint filed on behalf of several hundred employees alleges that the franchisees used a “dual-shift” practice whereby a worker would be paid Read More
Read MoreFLSA Applies To Retail Business on Indian Reservation
The Ninth Circuit Court of Appeals has ruled that the overtime requirements of the Fair Labor Standards Act apply to employees of a retail store owned and operated on the Puyallup Indian Reservation by members of the tribe. The store owners had argued that their tribe’s retained sovereignty barred overtime claims under the FLSA. Solis v. Read More
Read MoreOffice Romance
The Risks Careerbuilder.com reports that 40 percent of respondents to a recent survey say that they have dated a co-worker. When employees get involved romantically, the employer can wind up getting sued, under several theories: 1. There is the case of the employee who will not take “no” for an answer. He or she pursues an Read More
Read MoreI-9 Revamp Delayed
The Department of Homeland Security’s United States Citizenship and Immigration Services has delayed the effective date of its I-9 form revisions until April 3, 2009. Read the full text of the announcement. The revisions, announced in December 2008, will end authorization to accept expired documents, remove documents that are no longer issued from the list of Read More
Read MoreOn The Clock Or On Your Own
A recent decision in a class action by limousine drivers against their employer reminds us that sometimes employers may have to pay their employees for doing nothing. The Second District Court of Appeal in Los Angeles directed the trial court to consider whether the class of drivers should have been paid for gap time, which Read More
Read MoreLayoffs Mean Lawsuits
An article in The New York Times on Saturday, January 31, reports on a trend that should come as no surprise — Layoffs Herald a Heyday for Employee Lawsuits. While the article is concerned chiefly with WARN notification requirements, other statutes pose much greater liability risks for employers who have to let employees go because of Read More
Read MoreTip Pooling in Casinos
The Second District Court of Appeal in Los Angeles has ruled that casinos may insist on tip pooling among their employees, but found that the Hawaiian Gardens Casinomay have violated the ban on participation in tip pools by supervisors. Lu v. Hawaiian Gardens Casino, Inc., Case No. B194209 (Jan. 22, 2009). We previously wrote about tip pooling Read More
Read MoreCriminal Background Questions
Although most employers would prefer not to hire workers with criminal records, there are restrictions on what applicants can be required to disclose. For example, Labor Code section 432.7 bars prospective employers from inquiring about arrests that did not lead to a conviction. And, Labor Code section 432.8 bars prospective employers from asking about convictions for certain drug offenses Read More
Read MorePre-Employment Testing
Employers who want good employees who are able to perform their jobs often engage in some form of pre-employment testing — a typing test, a personality test, a test that measures knowledge needed on the job, and so on. It should come as no surprise that disappointed applicants may challenge such tests as discriminatory. Disability Read More
Read MoreEmployer New Year Resolutions
As the New Year begins, here are four suggestions for New Year resolutions to help reduce the risk of employment law liability during the coming year. 1. Prepare job descriptions for every position in your organization. The job description is the most important document in an employee’s personnel file. It provides the basis for evaluation of Read More
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