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Employment Law

Employees must be free to do as they wish during rest periods, meal breaks

02/22/2010

Under California’s wage-and-hour laws, employees must be completely relieved of their duties during rest periods and meal breaks. Employers can’t count downtime during work hours as rest and meal time.

Court removes ‘unconscionable’ parts of arbitration agreement

02/22/2010

Here’s some good news for employers that use arbitration agreements: A California appellate court has ruled that when only part of an arbitration agreement turns out to be invalid because it is “unconscionable,” the rest of the agreement remains intact if the invalid section can easily be removed.

Senior public employees may get hearing before firing

02/22/2010

Generally, public employees are entitled to a hearing before they are terminated. But in some government functions, employees who work at senior levels are deemed to be serving at the pleasure of the head of their agency or unit.

$2.6 million lawsuit could clean out L.A. car wash

02/22/2010

As part of a wider crackdown on companies that violate worker protection laws, California Attorney General Edmund G. Brown Jr. filed a lawsuit alleging that a Los Angeles car wash, Auto Spa Express, failed to pay minimum wage and overtime to its employees and denied them workers’ compensation benefits.

State Parks & Rec settles gender- and gay-bias claims

02/22/2010

The California Department of Parks and Recreation recently settled a sexual harassment lawsuit brought in August of 2008 by a park ranger who argued that she was harassed and experienced gender and sexual-orientation discrimination during the six years she worked at San Onofre and San Clemente State Beaches.

Courts rule Schwarzenegger’s state furloughs were improper

02/22/2010

Three trial court orders have called for Gov. Arnold Schwarzenegger to end three-days-per-month furloughs of state workers who are not paid with general-fund money. Schwarzenegger implemented the furloughs last year as one way to handle the state’s ongoing budget crisis.

Must we pay for unauthorized overtime?

02/22/2010

Q. Without authorization, one of our employees worked extra hours this week, even though we told everyone they needed approval to work overtime. Are we required to pay overtime for the unauthorized hours?

During an interview, can employers ask about ability to comply with attendance rules?

02/22/2010

Q. Can an employer ask a job applicant whether he or she can meet the company’s attendance policy?

FMLA: Revised Regulations

02/19/2010

HR Law 101: The U.S. Department of Labor’s revised FMLA regulations took effect Jan. 16, 2009. Here’s a summary of the most important changes.

IRS explains how to legally fix deferred comp plans

02/19/2010

It’s fairly easy to make mistakes with complex deferred compensation plans that dish out compensation to employees at a future date. Good news: The IRS last month published new guidance to help employers comply with the rules, covered under Section 409A of the tax code.