By Calvin House | Published December 28, 2008 | Posted in Uncategorized |
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Calvin House
Bonus Effect On Overtime Wages
A recent decision from the First District Court of Appeal in San Francisco explains how bonus payments affect overtime wages. Marin v. Costco Wholesale Corp., Case No. A116847 (Cal. Ct. App. Dec. 23, 2008). General Principles Under the federal Fair Labor Standards Act and the California wage orders, employers must calculate overtime based on the “regular Read More
Read MoreCourts Can Discriminate, Too
The First District Court of Appeal in San Francisco has ruled that a Sonoma County Superior Court Commissioner may pursue an age discrimination claim against the Court over the Superior Court’s claim of discretionary immunity under Government Code section 820.2. See DeJung v. Superior Court, Case No. A116911 (Dec. 19, 2008). DeJung (age 64) alleged that the Read More
Read MoreIs Boot Up Time Work Time?
Over the past several months there has been much ado about the status of time employees spend waiting for their computers to boot up. Class actions have been filed against Cigna Corp., AT&T and BellSouth, and United HealthGroup, in which employee lawyers allege that the employers have not been paying for time employees spend waiting Read More
Read MoreNew FMLA Regulations
The U.S. Department of Labor has issued its long-awaited amendments to its regulations under the Family and Medical Leave Act. Published on November 17, 2008, the new rules will take effect on January 16, 2009. The Department issued a press release that summarizes the changes. The full text of the publication in the Federal Register is available here. Read More
Read MoreRetaliation Lawsuits Cost Millions
Yet another multi-million dollar verdict highlights the substantial stakes in retaliation lawsuits. In Donald Bender v. City of Los Angeles, Case No. BC361139 (Nov. 12, 2008), an LAPD officer claimed that he was demoted and kicked out of the department’s canine bomb unit after standing up for the only woman in the unit. The LAPD’s lawyers Read More
Read MoreIs An Athletic Shoe A Uniform?
A decision published this week reminds us that California employers must pay for their employees’ uniforms. Kullar v. Foot Locker Retail, Inc., Case No. A119697 (1st Dist Ct. App. Oct 14, 2008). Although the decision itself deals with the requirements for approval of a class action settlement, one of the underlying claims was that Foot Locker Read More
Read MoreEmployment Cases on US Supreme Court Docket
The 2008-09 term of the United States Supreme Court will bring decisions in the following cases that involve employment law issues. We will report on the decisions themselves when they are handed down. Locke v. Karass, Case No. 07-610. Question Presented: “In Ellis v. Railway Clerks, this Court unanimously “determined that the [Railway Labor Act], as informed by Read More
Read More$14.4 Million To FedEx Drivers Misclassified As Independent Contractors
This past week a referee appointed by the Los Angeles Superior Court recommended that the court award FedEx drivers in California $14.4 million for unreimbursed job-related expenses and accrued interest. This is the latest in a long-running nationwide battle between FedEx and its drivers over how they should be classified for employment law purposes. Other Read More
Read MoreWage/Hour Violations Continue To Cost Employers Millions
Almost every week brings word of a new verdict, court decision or settlement involving wage and hour violations. Many employers just do not seem to understand the federal and state statutes and regulations on these subjects mean what they say. The fact that you have not been caught so far does not mean that your Read More
Read MoreElection Day Reminders
Election Day is Tuesday, November 4, 2008, and with it come concerns for employers. Here are some things to keep in mind: 1. Employees are eligible for paid time off for the purpose of voting if they do not have sufficient time outside of working hours to vote. Since voting hours are from 7:00 am Read More
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