Meagan Bainbridge and Lukas Clary from Weintraub Tobin’s Labor and Employment Group dive into the California Supreme Court case Huerta vs. CSI Electrical Contractors. Discover the key takeaways for employers on what constitutes compensable work time for pre- and post-shift activities in this latest installment.Continue Reading California Employment News: Can Pre- and Post-Shift Activities Be Compensated
compensation
Private-Sector Comp Time – Don’t Count On It!
By Jessica Schoendienst on
Compensatory time off or “comp time” is paid time off that is provided to employees instead of overtime pay. Comp time has been used by public employers for decades. There have been several attempts in the past to legalize comp time for private sector employers. So far, no changes to the law have been passed.…
NLRB Revises Back Pay Formula
In a 3-1 ruling, the National Labor Relations Board (“Board”) recently revised its back pay formula and radically departed from its traditional remedy for compensating employees who have been unlawfully terminated. The Board’s ruling now supports employees’ rights to recover search-for-work and interim employment expenses, regardless of whether the employees have interim earnings and regardless…
Restaurant’s Fee Deduction Program Violates FLSA
By Labor & Employment on
Posted in Employment Contracts and Agreements, Wage & Hour
Employers whose workers earn most of their compensation through tips, such as restaurant employees, know that they walk a fine line to ensure compliance with the Fair Labor Standards Act (“FLSA”) and numerous other laws. Last month the Fifth Circuit rejected a program instituted by a restaurant operator in Texas that deducted certain fees before…
Traps for Employers in Routine Unemployment and Workers Comp Proceedings
By Ramona Carrillo on
Posted in Labor Law
A number of recent California appellate decisions reveal hidden traps that may ensnare employers in administrative proceedings involving employee claims for unemployment or workers-compensation benefits. Such proceedings typically appear routine and uncomplicated. Nonetheless, missteps in handling those routine and relatively low-risk claims can greatly increase an employer’s exposure to liability in a separate civil action alleging wrongful termination, harassment, discrimination, retaliation, or similar claims.Continue Reading Traps for Employers in Routine Unemployment and Workers Comp Proceedings