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Compensation & Benefits

Denying FMLA leave could make you liable for lost wages

08/15/2008
If an employer denies legitimate FMLA leave and that denial, in turn, causes an employee to miss work because he becomes depressed or stressed, the employer may have to pay lost wages for those missed days. That’s what the 9th Circuit Court of Appeals ruled in a unique case that could have far-reaching effects …

The ‘multiplier effect’: How small wage-and-hour violations cost big

08/15/2008

For California employers, even minor wage-and-hour violations can wind up costing employers millions of dollars. Blame it on California’s infamous “multiplier effect,” which can come into play in any wage-and-hour case, but which really adds up in class-action suits …

Breaks required—But forcing employees to take them isn’t

08/15/2008
In what may end up being a landmark decision, a California Court of Appeal has held that Golden State employers aren’t required to ensure employees actually take meal and rest breaks. Employers are in the clear as long as they permit breaks and do not prevent or discourage employees from taking them …

Good news for ‘Charter counties’: State overtime and meal break laws don’t apply

08/15/2008
A California Court of Appeal has held that California Labor Code sections dealing with overtime compensation, meal breaks and rest breaks don’t apply to California’s “charter counties.”

Nursing home workers’contract signals start of statewide union push

08/15/2008
An overwhelming majority of nursing home workers at 10 Sava Senior Care facilities in Northern California ratified a new contract in July. It will cover more than 1,000 workers who are members of the Service Employees International Union United Healthcare Workers-West (UHW) …

Prudential Overall Supply agrees to settle living-Wage violations

08/15/2008
San Diego City Attorney Michael Aguirre announced in July that Prudential Overall Supply has agreed to settle violations of the city’s living-wage ordinance. The uniform supplier will pay $65,000. Aguirre filed a lawsuit against the company, arguing that it paid its workers below the rates set forth in the San Diego Living Wage Ordinance, which became law in 2005 …

Can we do anything about employees discussing pay with one another?

08/15/2008

Q. Can we prohibit workers from discussing their pay with each other? This practice appears to be creating workplace conflict and damaging morale in the office …

What are our responsibilities concerning breastfeeding in the workplace?

08/15/2008

Q. A number of our employees are pregnant. What are our obligations to accommodate their need to breastfeed when they return to work? …

Why are gas prices so high? BP suit may provide partial answer

08/13/2008
A woman who once earned millions each year as an oil trader for BP America has filed a sex discrimination lawsuit against the company. Alison Myers alleges BP gave a prime piece of business to a less experienced male trader and ultimately fired her when she complained …

Be sure ‘Shared’ employees don’t put you over FMLA limit

08/13/2008
Many small employers aren’t covered by the FMLA because they don’t have 50 or more employees. But if you’re considering adding temp help from an outside agency to handle a workload spike, get out your calculator first. If you’re not careful, you could wind up triggering FMLA liability for everyone who works for you …