Tag: Key Exemption Concepts

Reducing Hours Can Forfeit Exempt Status

It’s nearly impossible to go even a day without seeing news headlines about the latest layoffs. Many employers find themselves desperately brainstorming how they can reduce expenses without having to reduce their workforces. Reducing the number of hours for exempt employees is one option that can provide budget relief, but employers should take care that […]

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Obama Signs Equal Pay Legislation Into Law

President Barack Obama has signed the Lilly Ledbetter Fair Pay Act into law. The legislation makes it easier for workers to file pay-bias complaints under Title VII of the Civil Rights Act of 1964. The law arose in response to a 2007 Supreme Court decision that said the deadline for workers to file a pay-bias […]

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FedEx Settles Independent Contractor Suit for $26.8 Million

FedEx Corp. has agreed to shell out a whopping $26.8 million to end a long-running dispute over whether California delivery drivers in the company’s ground unit are independent contractors or employees. Last year, a California appellate court ruled in the case that about 200 ground drivers were misclassified as independent contractors. The drivers had sued […]

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No Punitive Damages for Wage-Hour Violations, Court Says

A California court of appeals has ruled that an employee cannot recover punitive damages for the employer’s violations of state Labor Code provisions governing meal and rest breaks, pay stubs, and minimum wages.1 That’s because those Labor Code provisions include specific remedies, including penalties that are punitive in nature—and those are the only remedies available. […]

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House Passes Equal Pay Bills

The U.S. House of Representatives has approved two pieces of legislation that proponents say will boost protections against gender discrimination in compensation. The first, the Lilly Ledbetter Fair Pay Act of 2009, would amend the Civil Rights Act of 1964 to declare that an unlawful employment practice occurs when (1) a discriminatory compensation decision or […]

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Overtime Relief May Be on the Horizon for California Employers

To address California’s dire budget situation in light of deteriorating economic conditions, Governor Schwarzenegger has called a special session of the legislature and announced a plan to get the state budget on track, invigorate the state economy, and generate jobs for the unemployed here. The governor’s proposal calls for tax increases and spending cuts—plus changes […]

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Wage & Hour: How Do We Handle Disaster Pay for Nonexempt and Exempt Workers?

We have both a construction staff and an office staff, and we’re trying to put together a policy for paying employees in the event of an emergency. What happens if the construction staff needs to be sent home during inclement weather or the office staff and upper management can’t work because their computers are down? […]

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Wage and Hour: Is It Legal to Suspend an Employee Without Pay as a Form of Discipline?

QUESTION: My company often sends employees home without pay for various offenses, such as egregious dress code violations, insubordination, and slacking off. Sometimes, the employee is told to return the next day, and sometimes the suspension runs for a few days or more while we investigate. I wouldn’t want anyone to know I’m asking, but […]

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