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California

DOL goes nuts on Sunnyvale’s Crazy Buffet

04/19/2012
A federal judge has ordered Sunnyvale-based Crazy Buffet to pay its workers $404,000 in damages following a U.S. Department of Labor investigation. The Chinese-food buffet restaurant had a policy of not paying wages to workers, although it allowed them to keep their tips.

Court strikes down NLRB pro-union poster requirement

04/19/2012

A federal appeals court has tempor­arily blocked the National Labor Re­­lations Board (NLRB) from requiring employers to display a controversial poster telling workers they can form or join a union. An injunction indefinitely postpones the posting requirem­ent, which was to have taken effect on April 30.

You don’t have to police meal-break work

04/19/2012

After years of employer uncertainty, the California Supreme Court has finally resolved what em­­ployers must do to provide meal and rest breaks. They must make sure employees are relieved of all duties during the breaks. However, they do not have to ensure that no work is performed during breaks.

Remove offensive materials, then educate staff

04/19/2012
When sexually offensive signs or pictures appear in the workplace, it’s smart to remove them right away. But getting rid of tasteless material isn’t enough to stop a harassment lawsuit. This case shows that it pays to go one step further by educating employees on harassment.

Manager recommends discipline or firing? Investigate before agreeing to go along

04/02/2012

Here’s something to consider the next time you authorize discipline or discharge: It pays to independently investigate management’s underlying reasons for the action. Do that even if the employee in question doesn’t belong to a traditional protected class.

Is there a grace period for paying overtime?

03/19/2012
Q. We couldn’t obtain the amount of overtime one of our employees worked in time to include payment for those hours in the current payroll period. We understand that untimely payment of wages could expose our company to penalties. May we issue a paycheck to the employee for his regular hours worked and include his overtime payment in the following pay period?

‘Ministerial’ employees can’t sue under federal employment laws

03/19/2012
The U.S. Supreme Court recently confirmed the existence of a “ministerial exception” to the ADA and other federal employment statutes such as Title VII of the Civil Rights Act. The justices held that the Con­sti­tut­­ion’s First Amendment bars em­­ployees in ministerial positions from suing churches and other religious em­­ployers under such laws.

You may not get your choice of law

03/19/2012
If you engage independent contractors, you may include a “choice of law” clause in your contracts, designating which state’s laws will apply should a dispute arise. But that doesn’t mean courts will always agree to the jurisdiction you prefer.

OFCCP: The most powerful agency you’ve never heard of

03/19/2012
The U.S. Department of Labor’s Office of Federal Contract Compliance Pro­­grams (OFCCP) monitors and enforces federal contractors’ compliance with the nation’s employment laws. Think of it as a parallel EEOC, but focused only on federal contractors. In many ways, it’s the most powerful government agency you’ve never heard of.

Government employees have limited privacy rights

03/19/2012
Public employees don’t lose all privacy rights just because they work for the government. But that privacy is subject to limitations.