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September 15 — October 15: Hispanic Heritage Month 2010

According to the U.S. Census Bureau, President Lyndon B. Johnson was authorized by Congress to declare National Hispanic Heritage Week in 1968. In 1988, Congress expanded the celebration, and September 15 was chosen as the beginning of the  monthlong event because it is the anniversary of independence of five Latin American countries: Costa Rica, El […]

How Can Wage/Hour Bring Us Down? How Hard Is It?

Yesterday’s Advisor featured common—and egregious—wage/hour missteps; today, four more, plus an introduction to the simple-to-use, popular guide that answers all your FLSA questions. [Go here for failures 1 to 3] 4. Providing inaccurate or falsified payroll records to the government Obviously, providing falsified records is not a wise practice. However, many submitted records are merely […]

Bulletin: Industrial Welfare Commission Falls Victim to Budget Cuts

The California Industrial Welfare Commission (IWC) is no longer in operation. State budget cutbacks eliminated the IWC, which determined wages, hours, and working conditions of employees in various occupations, trades, and industries. The agency also published wage orders. However, employers are still required to post the appropriate wage order in their workplace, and the Division […]

Family and Medical Leave: When Can You Require a New Certification of a Serious Health Condition?

Suppose an employee takes time off under the Family and Medical Leave Act (FMLA) for his or her own serious health condition, and you require a healthcare provider’s certification confirming the need for leave. After a year goes by, the employee needs additional leave for the same health problem. Can you require this person to […]

National Employment Law Trends

Last year is ended on a high note, at least in terms of one economic indicator: the nation’s unemployment rate fell to 8.5 percent in December. Despite that good news, many states are still experiencing record unemployment; this rampant unemployment was the number one issue addressed by state legislatures this past year. Here is a […]

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DOL Tip Pool Regs Can Stand, Split Appellate Court Says

By Kate McGovern Tornone, Editor The U.S. Department of Labor’s (DOL’s) limits on tip pools are valid, the 9th U.S. Circuit Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—reaffirmed September 6, denying a request for it to reconsider its opinion on the issue.

News Flash: Sexual Harassment

Vanessa Bailey, a gardener at Balboa Park in Encino, complained that she was sexually harassed by her co-workers. Bailey claimed, among other things, that while she was in a city truck, a co-worker exposed himself to her and another had magazines showing naked women. Bailey also said that a park supervisor kissed her against her […]

High Court to Review Employee Reimbursement Ruling

Recently, a California employer was hauled into court by an employee because the employer refused to reimburse its workers for their actual automobile business expenses. Instead, the employer paid an increased commission that it contended was fully sufficient to cover an employee’s business use of his or her personal vehicle. An appeals court took the […]