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FLSA

Don’t bury FMLA leave taker in catch-up work

05/04/2010

In today’s economic climate, you may be tempted to forgo hiring a temp to fill in for an employee who’s out on FMLA leave. But what will you do if the employee returns to a huge pile of work left undone during her absence? Think twice before you tell her to “catch up or else.”

What is legal discipline for unauthorized overtime?

04/30/2010
Q. I know I can’t refuse to pay an hourly employee who works overtime even though I never authorized it. What I don’t understand is what kind of discipline should I implement? Can I, for example, deny a cost-of-living increase?

Should we pay for employee’s drive from his home to a training seminar?

04/28/2010
Q. What if an employee drives his own car to a seminar that’s two hours away? Should he get paid for his driving time to and from the seminar, even if he leaves from home and drives straight home afterward?

Miami-Dade enacts first county ‘wage theft’ law

04/26/2010
Miami-Dade County last month became the first county in the nation to pass a “wage theft” law—and it likely won’t be the last. The ordinance says a wage-theft violation occurs when an employer fails to pay any portion of wages due to an employee. It allows the county to step in to help workers win back pay.

Even coffee-making may be compensable time

04/19/2010
The little things employees end up doing while getting ready for work can add up to a big overtime bill later. That’s because courts often see such preparatory work, even if it benefits the employee, too, as work that must be compensated. Consider this recent case involving making the morning coffee and breakfast before the start of a shift.

H&R Block settles with California loan officers

04/19/2010
H&R Block will settle a lawsuit brought by former employees who alleged the tax prep company violated federal and California overtime and meal-period regulations.

Kitchen cabinet firm closes door on wage-and-hour suit

04/19/2010
A federal judge in Northern California has granted preliminary approval to a settlement reached between U.S. Remodelers Inc. and 270 current and former workers who sued the company for wage-and-hour violations.

DLSE issues opinion letter on partial-day absences

04/19/2010
The California Division of Labor Standards Enforcement (DLSE) has issued an opinion letter stating that, although employers may not deduct from exempt employees’ salaries for partial-day absences, they may make deductions from employee leave balances in accordance with the employer’s bona fide leave policies.

Stop the state-federal-state litigation merry-go-round

04/19/2010
Just when you think a lawsuit will be resolved, something happens that starts the whole process over again. That’s why it’s so important to prevent lawsuits in the first place.

Of driving time and computer connections: 9th Circuit revisits before- and after-work pay

04/19/2010
Last year we told you about a recent 9th Circuit Court of Appeals decision on whether time employees spend commuting to a remote job site was compensable time. The court ruled that under both California law and the FLSA, driving a company car from an employee’s home to his first job location of the day was not work time but was instead unpaid commuting time. Well, now the same 9th Circuit panel has changed its ruling …