Archives

Exempt Employees: Federal Government Proposes Overhaul of Who’s Exempt from Overtime, but California Rules Still Stricter

The U.S. Department of Labor recently published a proposal to update the 50-year-old Fair Labor Standards Act (FLSA) regulations defining white-collar exemptions. The new rules could take effect by the end of the year after a public comment and review process. But, as explained below, the changes probably won’t have much impact on California employers […]

Employee Travel: 8 Tips for Keeping Employees’ Fear of Flying from Grounding Your Business Interests

One of the more perplexing issues employers have been facing as our country grapples with war and terrorism threats is employees’ fear of flying. Indicators of this troubling problem show up in scaled-back plans for work travel for the near future. In addition, recent concerns about the contagious severe acute respiratory syndrome (SARS) outbreak is […]

Severance Pay: Court’s Ruling that Severance Package Wasn’t an Employee Benefit Plan Has Expensive Consequences for Employer

A new federal court case involves an all-too-familiar scenario. An employer acquired a new business and had to terminate the old workforce. The employer, however, needed to keep some workers around for a few months, so it offered them a severance deal. But when the employer later tried to change the severance terms, it found […]

Family Leave: Court Says Employee’s Misleading Memo About Need for Leave Not an Adequate Notice; What’s Required

Suppose an employee asks to take vacation time over the Christmas holiday to visit his ailing parents—but he doesn’t mention that he will be caring for them during the time off. Do you have to grant the request for time off under the family and medical leave laws? A California Court of Appeal recently answered […]

Wage and Hour: Including Floor Manager in Tip Pooling Violates State Law; Rules for Paying Tipped Em

Karla Jameson was a server for the upscale Five Feet restaurant in Laguna Beach. The restaurant required servers to give 10 percent of their nightly tips to the floor manager. The floor manager supervised the servers, acted as host, greeted customers, set up the reservation sheet and seating arrangement, and assisted in servicing tables. Jameson […]

Parental Rights in the Workplace: Legislature Pays $540,000 to Settle Lawsuit by Nursing Mother Who Was Demoted; Accommodation Guidelines

For more than 10 years, Pamela “P.J.” Harper was director of the legislative travel office, arranging air flights for Sacramento lawmakers. But shortly after returning from maternity leave, she resigned and filed suit against the State Assembly. The problem? Harper claimed she was demoted for taking time during the workday to breastfeed her infant daughter.

News Notes: EEOC Launches New Employer-Based Mediation Program, Investigations Web Page

The Equal Employment Opportunity Commission has announced the implementation of a voluntary mediation pilot program in which private-sector bias charges filed with the EEOC will be referred back to an employer’s internal dispute resolution program. To participate, the dispute resolution program must be voluntary and free to employees. 

News Notes: Court Throws Out One-Sided Arbitration Agreement

When Municipal Resource Consultants (MRC) tried to compel former employee Nicholas O’Hare to arbitrate a wrongful discharge and age-bias lawsuit, O’Hare contended the mandatory arbitration provision he signed wasn’t fair. The agreement required him to arbitrate all claims against the company, while it permitted MRC to file a lawsuit against him for injunctive relief. A […]

News Notes: Hastily Drawn Settlement Agreement Amounts To Expensive Mistake

Orange-based Bergen Brunswig Corp. dashed off a settlement offer to its former president, Donald Roden, to resolve a wrongful-discharge lawsuit. Theoffer stated only that Roden would receive a $5 million lump sum plus attorney’s fees, and his retirement and other benefits would be continued. After Roden signed the agreement, Bergen Brunswig claimed it had intended for Roden’s […]