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Compensation & Benefits

Catch fishy FMLA requests with the 3 R’s

03/22/2010

Employees have learned to play the FMLA game quite well in the 17 years since the law was passed. In this new case, an “attendance-challenged” employee was denied extra vacation leave for her wedding. So she submitted an FMLA leave request for those same dates. Hmmmm … smell fishy?

How should we calculate FMLA leave entitlement for employee whose schedule varies?

03/19/2010
Q. One of our employees works different hours each week—sometimes 30 hours a week, sometimes 40. She will be going on FMLA leave soon. We’re not sure how to determine how many hours of leave she would be entitled to take under the FMLA. Are all employees permitted to take 480 hours of leave?

Can we use a tip credit to make sure our employees make at least the minimum wage?

03/19/2010
Q. It has been our practice to pay our waiters and waitresses less than the minimum wage because we include their tips in their hourly wage. Is this legal?

When time sheets are late, can we hold off on paying OT until the next paycheck?

03/19/2010
Q. Several of our employees repeatedly turn in their time sheets late. Can we institute a policy stating that if a time sheet is turned in late, any overtime on that week’s time sheet will not be paid until the next pay period?

Legislature considers new rules for armored car drivers’ breaks

03/19/2010
State Sen. Mark Wyland, a Republican who represents San Diego County, recently introduced a bill that would exempt armored car companies from having to comply with California’s laws requiring rest and meal breaks for some employees.

That’s a lot of bread! Bimbo to settle for $3.75 million

03/19/2010
Current and former drivers of Bimbo Bakeries USA who sued the company for allegedly breaking California’s meal and rest break laws are now offering to settle for $3.75 million. In the original action, drivers also charged Bimbo Bakeries with violating the Fair Labor Standards Act by failing to pay them overtime.

Trying to save on workers’ comp, temp firm now owes $20 million

03/19/2010
Staffing Services, a temp agency, must pay $20 million in restitution to resolve a workers’ compensation insurance fraud case recently heard in a Los Angeles court. The $20 million was a bargain. The defendants originally faced up to 24 years in state prison, in addition to another $40 million in fines.

Excuse disabled worker from strict attendance rules–but demand doctor’s note

03/19/2010
Employees with multiple medical problems may need to be off work at unpredictable times. That can be a problem if a no-fault attendance policy requires terminating an employee with too many absences. If you don’t want to fire an otherwise good worker, it’s perfectly reasonable to accommodate him by excusing him from the attendance policy—as long as he can provide a doctor’s note.

Insist on medical leave as accommodation if disabled worker can’t return to full duty

03/19/2010
Some disabled employees seem to believe they can get whatever accommodation they want. That’s not true. In reality, California’s Fair Employment and Housing Act gives employers great leeway to choose accommodations that suit their businesses. That can include telling the employee to take medical leave until she is well enough to return.

You don’t have to pay for family leave unless your employees accrue sick leave

03/19/2010
The California Supreme Court has ruled that employers that don’t have a formal sick-leave accrual policy don’t have to pay employees for leave they take to care for a family member. So-called “kin-care” benefits apply only if employees earn sick leave over the course of their employment.