Category: Employment Law

New Car Wash Operator Gets Soaked by Old Owner’s FLSA Violations

A car wash operator apparently had a clean record of complying with labor law, but because of a special California labor law, a California appellate court recently held that the car wash was liable for a previous owner’s Fair Labor Standards Act violations, resulting in a $120,000 judgment.  The case, People ex rel. Harris v. […]

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Inconsistent Wage/Hour Laws Lead to Confusing Enforcement, Study Says

According to a recent study, uneven enforcement of the Fair Labor Standards Act — lax in some places and more stringent in others — leaves employers confused about the extent of their liability for wage and hour violations. The study, released by the Nelson A. Rockefeller Institute of Government, calls for more enforcement consistency to […]

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Nail Salon Must Pay Almost $236K After Court Rejects Immigration Defense Under FLSA

A New York-based luxury nail salon apparently wasn’t very polished in contending that its illegal immigrant workers were not subject to the Fair Labor Standards Act. After a federal district court pointed out clear case law to the contrary, the salon was ordered to pay $235,920 in damages and back wages to 32 employees. The […]

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Arizona Surgery Practice to Pay $100,000 in HIPAA Settlement

A heart surgery group practice agreed to pay $100,000 to settle federal allegations that it chronically neglected standard HIPAA requirements such as risk assessment, training and business associate contracts, the U.S. Department of Health and Human Services (HHS) announced April 17. This settlement, coming hard on the heels of HHS’ $1.5 million agreement with BlueCross […]

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Brinker Decision Pushes Meal, Rest Breaks Top of Conversation

Last week, the California Supreme Court issued an opinion in a closely watched case dealing with meal and rest breaks for employees. Brinker Restaurant Corp. v. Superior Court clarified meal and rest break practices for employers in California; however, the case is generating interest in other parts of the country as well because of the […]

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Congress, White House Seek to Lessen Employers’ Regulatory Burden

The White House recently instructed federal agencies to put the brakes on rulemakings related to employment. That same day, the House Judiciary Committee approved a bill that would prohibit significant rulemakings until the nation’s unemployment rate improves. The White House’s March 20 order came out of its Office of Management and Budget and was sent […]

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Avoid Overtime Overages From Mobile Device Use

Employers need to spell out their policies for off-hours use of mobile devices for work purposes or they risk racking up unnecessary overtime. Mobile devices have worked their way into virtually every area of our lives, both at work and at home. You may even be reading this blog on a smart phone or tablet […]

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Final Health Reform Exchange Rules Flesh Out Privacy and Security Requirements

Final rules that will govern the state-based insurance exchanges created by health reform include more detailed privacy and security requirements for the exchanges themselves and participating insurers. These restrictions also will apply indirectly to agents, brokers and others involved in this process. In the rules, published March 27 (77 Fed. Reg. 18310), the U.S. Department […]

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6th Circuit: Failure to Pay Employee Salary Removed his ‘Exempt’ Status

An exempt employee must actually be paid in order to retain that exempt status, the 6th U.S. Circuit Court of Appeals recently held. The case, Orton v. Johnny’s Lunch Franchise, involved a salaried employee who sued his employer for wages and overtime when, after beginning to experience cash flow problems, the employer stopped paying his […]

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Why You Need a Retaliation Prevention Policy

Employee retaliation claims are skyrocketing, and in 2011 these claims were the number one complaint to the EEOC. As a result, you need to know how to prevent retaliation claims from happening. At SHRM’s legislative conference in Washington, D.C. earlier this month, California employment attorney Jody Katz Pritikin, presented tips on how to prevent and […]

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