A recent decision by California’s Second District Court of Appeal on commission-based pay for rest breaks raises more questions than it answers. And if it isn’t accepted by California’s Supreme Court for review, or contradicted by another appellate ...
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Employment Policies Worth Considering in 2017: Arbitration Agreements with Class Action Waivers and Mandatory Exit Interviews
A look at court filings in 2017 shows that there has been no decline in the pace of class action and representative filings. To the contrary, in light of recent judicial opinions on rest period policies, increased paystub obligations, and confusion ...
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New Federal Overtime Rules Suspended and Will Not Take Effect December 1
On November 22, 2016, Judge Amos L. Mazzant, U.S. District Court Judge for the Eastern District of Texas, halted implementation of the new federal overtime rules that were set to take effect on December 1. He agreed with numerous states and business ...
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Pay Stub Data Reporting of Accrued Vacation
California’s hodge-podge of overlapping and confusing wage and hour laws forces employers to guess whether their pay practices are lawful. This is particularly true with respect to the preparation of pay stubs. Each year, pay stub law evolves and ...
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EEOC’s New Policy Provides Concrete Tips for Avoiding Retaliation Claims
In 2016, the federal Equal Employment Opportunity Commission (EEOC) updated its enforcement policies concerning retaliation. According to the EEOC, employees who complain about discrimination or who participate in proceedings designed to combat ...
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Wrongful Termination Claims: Be Prepared
According to the federal Equal Opportunity Employment Commission’s annual report, wrongful termination was again last year the claim most frequently filed by employees against their employer. Terminated employees suing once dismissed has become an ...
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Employee Handbook – Spot Check Compliance
An employee handbook is critical to the well-run workplace, but it loses value without follow-up. Employers need to take a hand in ensuring that policies are implemented correctly. Asking supervisors may always not suffice. Managers should:
Make ...
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Uber’s Arbitration Woes – Lessons for California Employers
Uber has transformed the transportation industry - offering reliable and economic trips with the tap of a smart phone. In part, its success is due to its arms-length relationship with drivers, who remain self-employed while securing customers from ...
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