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An Orange County jury has ordered Edwards Theaters Circuit Inc., based in Newport Beach, to pay $276,000 in back overtime wages to four theater managers who claimed they were misclassified as exempt from overtime. The employees said they spent more than half their time performing non-exempt work, including cleaning up, taking tickets and selling popcorn, […]
Most employers understand, in principle, that it’s illegal to retaliate against a worker who in good faith complains about an unsafe or illegal condition at work. In practice, however, retaliation cases are rarely black and white. Frequently, problems arise when an already difficult employee begins griping about something you feel is irrelevant or unimportant-and the […]
One of your employees has been violating work rules. You document the problems and eventually terminate the worker. It appears you’ve done everything right and responded appropriately to the employee’s misconduct. But a new ruling makes clear that viewing each case of discipline and termination in a vacuum can get you in trouble. Even if […]
Following on the heels of new benefit and notice requirements for health plans offering maternity coverage, a new federal law mandates that any plans that cover mastectomies must also cover breast reconstruction and prostheses. Employees have to be notified about these benefits at the beginning of this year. Check with your health benefits provider for […]
San Jose’s City Council recently approved the highest living wage in the nation, guaranteeing certain workers far more than required by state or federal minimum wage laws. But San Jose’s new policy isn’t the first in California-and it looks like it won’t be the last.
If you contract with the federal government to sell or buy goods or services, you may be covered by detailed affirmative action and non-discrimination rules that are enforced by the Office of Federal Contract Compliance Programs (OFCCP). If so, you’re required to retain a broad array of employment records, and the OFCCP can audit your […]
Most employers are familiar with the basic concept of equal pay for equal work. But it’s critical to understand the details of the rules because you can be liable for hefty damages and penalties if you make a mistake. In Part 1 of our series on preventing equal pay problems, we’ll explain what your obligations […]
The Labor Department has sued Time Warner, Inc., charging that hundreds of workers classified as temporary employees or independent contractors are entitled to retroactive health and pension benefits. Time Warner allegedly classified workers as temporary even after they had worked long enough to be considered regular employees under company guidelines. The government also accuses the […]
Supplementing your regular workforce with staff provided by an employee leasing company has become an increasingly popular way to keep administrative and benefit costs down and maintain labor flexibility. Many who use leased workers and long-term agency temps consider themselves immune from the risky misclassification problems that have plagued employers who use independent contractors. But […]
Six former ticket sales employees of the Seattle SuperSonics won more than $13 million in damages last year after being fired for complaining about overtime violations and retaliation. But now, the Ninth Circuit Court of Appeal, which covers California, has thrown out the retaliation claims. The court said the workers could not sue for retaliation […]