Tag: Southern California
Wage and Hour: Were Bonus Deductions for Workers’ Comp Losses and Cash Shortages Illegal? Exercise Caution with Deductions
In calculating profit-based bonuses for certain store employees, Ralph’s Grocery Co. subtracts the store’s workers’ compensation costs as well as cash and merchandise shortages. David Swanson, a former Ralph’s store manager in Southern California, filed a class action lawsuit on behalf of himself and other employees challenging these bonus deductions. He claimed the grocer violated […]
News Notes: Big Overtime Settlements Reached
The U.S. Department of Labor has announced two sizable overtime settlements with Southern California employers. VCI Telecom Inc., an Upland telecommunications company, has agreed to pay $1,074,375 to settle charges levied by the DOL for not paying overtime to 227 employees. And flooring and tile company Lambard Inc., based in Ontario, will fork over $228,156 […]
Exempt Employees: Court Deals Blow To Overtime Class Action Trend
Over the past several years, many employers have been blind-sided by big class action lawsuits claiming employees were misclassified as exempt from overtime and owed millions—sometimes tens of millions—in back pay. Employers who have been hit include Taco Bell, Farmers Insurance Exchange, Mervyn’s California, U-Haul International Inc., Ross Dress For Less and Rent-A-Center. But a […]
Electronic Surveillance: California Supreme Court Rules On When A Phone Conversation Is Confidential; How To Monitor Employee Calls Without Getting Sued
A new California Supreme Court ruling highlights a state law that prohibits the secret tape-recording of phone conversations. Although the case didn’t involve an employer-employee dispute, it has important workplace implications. We”ll explain the decision and provide guidelines on when you can legally monitor employee phone calls. Wife Allegedly Plots To Kill Sick Husband The […]
News Notes: Auto Club Ordered To Pay $576,000 On Sexual Harassment Claim
A San Fernando jury has awarded $576,000 to an Auto Club of Southern California employee who claimed she was repeatedly groped and subjected to unwanted attention for two years by a co-worker who was so persistent that he followed her into the women’s restroom. Cheryl Parker said she reported the problem in writing to a […]
News Notes: Court Considers Empoyee Eligibility For Calipers Benefits
A California Court of Appeal is currently reviewing an important ruling by a lower court affecting eligibility of state contract workers to receive CalPERS benefits. Employees of the Metropolitan Water District of Southern California brought a class action lawsuit contending that agencies bound by the Public Employees’ Retirement Law must enroll all employees for CalPERS […]
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, […]
ADA Accommodations: Why An Employee’s Request To Transfer To Another Supervisor Was Not A Required Accommodation
In some situations, transferring an employee to a new position with a different supervisor might be an appropriate way to accommodate a disabled employee. But a recent ruling involving a Southern California loan underwriter demonstrates that courts won’t insist on a transfer without evidence that the move would enable the employee to work more productively. […]
Independent Contractors: Court Throws Out Contractor’s Unemployment Claim; 4 Defensive Strategies
Sometimes an unemployment claim can come from out of the blue. And if the worker who files it was improperly classified as an independent contractor, it could trigger an audit—leaving you open to having to pay back payroll taxes and penalties. We’ll look at a new ruling that involved a moonlighting worker who filed for […]