By Calvin House | Published October 26, 2008 | Posted in Uncategorized | Comments Off on $14.4 Million To FedEx Drivers Misclassified As Independent Contractors
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$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
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Wage/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
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Election 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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Liability For Bullying And Microinequities
Over the past few years, workplace bullying and microinequities not obviously based on protected characteristics have received much attention. Although the California Workers’ Compensation Act preempts civil lawsuits for such claims unless a recognized exception to preemption applies, such conduct can pose liability risks. Such matters have been the subject of law firm commentary and an entire website. Read More
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Pay Final Wages On Time
A recent $18.5 million settlement points up the potential liability for employers who do not promptly pay departing employees all wages owed. The settlement with the corporate owner of Albertson’s, Lucky Stores and Sav-on Drugs, allocates $15 million for compensation of approximately 200,000 class members and $3.5 million for attorney’s fees and costs. Ward v. Albertson’s, Read More
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Meal Periods Mandatory?
One of the California Courts of Appeal has rejected the common wisdom about the meal period rule. While other courts and the Labor Commissioner have ruled that employers must ensure (that is, force) employees to take their 30-minute meal periods, the San Diego Division of the Fourth District has ruled it sufficient for employers to Read More
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Disability Pitfalls for Employers
A recent decision from the California Court of Appeal in San Francisco demonstrates how hard employers must work to avoid liability under the disability discrimination laws. The Court ruled that the plaintiff employee was entitled to a trial on her disability claims because there was some evidence that the employer had not tried hard enough Read More
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Whistleblower Protection for Consumer Product Complaints
A federal statute that became law on August 14 provides remedies against employers for employees who suffer adverse employment action for having complained about unsafe consumer products made or sold by their employer. The Consumer Product Safety Improvement Act of 2008 establishes an administrative complaint procedure backed by the possibility of a civil lawsuit if the Read More
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Religion in the Workplace
Employees do not leave their religious beliefs behind when they go to work. But, those beliefs seldom matter to employers or fellow employees. Where religious beliefs affect dress or appearance, there may be an impact in the workplace. There may be conflicts with the employer’s practices and policies or with other employees. Religious beliefs may Read More
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FMLA Leave for Military Families
At the beginning of the year, the Family and Medical Leave Act was amended to to permit an eligible employee who is a “spouse, son, daughter, parent, or next of kin” to take up to 26 workweeks of leave to care for a “member of the Armed Forces, including a member of the National Guard or Reserves, Read More
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