Tag: job descriptions

Exempt Employees: High Court Reinstates Class Action Overtime Lawsuit Against Sav-On; How to Avoid Being the Next Target

Over the past several years, many employers have been blindsided by big class action lawsuits from employees who say they were misclassified as exempt from overtime and are owed millions in back pay. Farmers Insurance Exchange, Big Lots, and Electronics Boutique are just a few of the businesses hit by the suits. For a brief […]

Equal Pay: Massive Lawsuit Highlights Need for Smart Pay Practices; An 8-Point Audit Checklist to Keep You In Compliance With Equal Pay Laws

A lawsuit charging Wal-Mart with discrimination against 1.6 million female employees has been certified as a class action by a federal district court judge in San Francisco. A key allegation in the litigation—being called the largest civil rights action in United States history—is that Wal-Mart violated state and federal equal-pay laws by paying female employees […]

E-Alert Item: DOL Says Insurance Adjusters Not Entitled to Overtime Pay

The federal Department of Labor has said in a recent opinion letter, which was issued in response to an insurance industry group’s inquiry, that adjusters qualify for the administrative exemption from overtime under the Fair Labor Standards Act. The opinion reaffirms the DOL’s position on this issue, and was based on the DOL’s review of […]

Violent Employees: Court Rules Employer Not Automatically Liable For Criminal Assault By Employee; 3-Point Lawsuit Prevention Checklist

Maria D. (as she was referred to in court documents) claimed that late one night as she drove along the Pacific Coast Highway in Southern California, she was pulled over by an on-duty Westec Residential Security guard wearing a uniform and gun. The guard allegedly pointed a spotlight in her face, asked for her license, […]

Employee Lawsuits: The Latest Legal Risk When A Disabled Employee Wants To Return To Work; How To Avoid Getting Sued

It’s important to be extra careful when evaluating the abilities of an employee who was previously injured and wants to come back to work. Unless you carefully consider the individual’s current skills and recent medical reports, deciding that the worker can’t perform certain tasks can expose you to an expensive discrimination lawsuit for erroneously regarding […]

Managing Workers With Mental Disabilities: ADA May Protect Anxiety-Ridden Employees Who Can’t Interact With Others; Practical Approaches To Take

How do you deal with an employee who’s disruptive and can’t get along with co-workers? The obvious answer may be a warning or other discipline. But the federal Ninth Circuit Court of Appeal says employees like these may have a mental disability protected by the Americans with Disabilities Act (ADA), and that instead of disciplining […]