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Employment Law

Can we use a tip credit to make sure our employees make at least the minimum wage?

03/19/2010
Q. It has been our practice to pay our waiters and waitresses less than the minimum wage because we include their tips in their hourly wage. Is this legal?

When time sheets are late, can we hold off on paying OT until the next paycheck?

03/19/2010
Q. Several of our employees repeatedly turn in their time sheets late. Can we institute a policy stating that if a time sheet is turned in late, any overtime on that week’s time sheet will not be paid until the next pay period?

Legislature considers new rules for armored car drivers’ breaks

03/19/2010
State Sen. Mark Wyland, a Republican who represents San Diego County, recently introduced a bill that would exempt armored car companies from having to comply with California’s laws requiring rest and meal breaks for some employees.

That’s a lot of bread! Bimbo to settle for $3.75 million

03/19/2010
Current and former drivers of Bimbo Bakeries USA who sued the company for allegedly breaking California’s meal and rest break laws are now offering to settle for $3.75 million. In the original action, drivers also charged Bimbo Bakeries with violating the Fair Labor Standards Act by failing to pay them overtime.

Don’t cut filing period in arbitration agreement

03/19/2010
California courts are hard on employers that force employees to sign arbitration agreements. Judges often find these agreements unconscionable. And one of the quickest ways to end up with an unconscionable and invalid agreement is to cut the time an employee has to file a claim.

The only thing to say when employee is pregnant: Congrats!

03/19/2010
Look for legal trouble if supervisors express concern, surprise or anything other than neutrality when an employee announces she’s pregnant.

Excuse disabled worker from strict attendance rules–but demand doctor’s note

03/19/2010
Employees with multiple medical problems may need to be off work at unpredictable times. That can be a problem if a no-fault attendance policy requires terminating an employee with too many absences. If you don’t want to fire an otherwise good worker, it’s perfectly reasonable to accommodate him by excusing him from the attendance policy—as long as he can provide a doctor’s note.

Insist on medical leave as accommodation if disabled worker can’t return to full duty

03/19/2010
Some disabled employees seem to believe they can get whatever accommodation they want. That’s not true. In reality, California’s Fair Employment and Housing Act gives employers great leeway to choose accommodations that suit their businesses. That can include telling the employee to take medical leave until she is well enough to return.

You don’t have to pay for family leave unless your employees accrue sick leave

03/19/2010
The California Supreme Court has ruled that employers that don’t have a formal sick-leave accrual policy don’t have to pay employees for leave they take to care for a family member. So-called “kin-care” benefits apply only if employees earn sick leave over the course of their employment.

Pay the minimum or more? Broad tip pools OK

03/19/2010
The FLSA has complicated rules for employers that pay less than the minimum wage to staff who receive tips. If tips aren’t large enough, then the employer has to top off the wages so the employee makes at least minimum wage. But what happens if the employer pays the customarily tipped employee minimum wage or more right from the start? That’s the question the 9th Circuit Court of Appeals recently answered for the first time.