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Compensation & Benefits

Employees may have 3 years to sue for FMLA violations

01/16/2009

Don’t throw out those leave requests or FMLA certifications—especially if you rejected any requests—until at least three years have passed. Employees have up to three years to file an FMLA lawsuit if the alleged violation was willful—and they don’t have to go to the EEOC or a state discrimination agency first.

Huge Wal-Mart settlement spotlights OT, breaks

01/16/2009

In what’s being described as the largest settlement ever for wage-related lawsuits, Wal-Mart recently agreed to pay as much as $640 million to settle 63 pending lawsuits over wage-and-hour violations.

New minimum wage levels take effect in 11 states

01/16/2009

On Jan.1, the hourly minimum wage increased in 11 states. The federal minimum, currently $6.55 per hour, is scheduled to increase on July 24 to $7.25.

Fired after bankruptcy, Mervyn’s workers file WARN suit

01/15/2009

Three former Mervyn’s employees recently filed a lawsuit against the bankrupt department store company for violating the federal WARN Act when it suddenly fired hundreds of workers last year.

Remember to recalculate overtime after bonus

01/15/2009

If, like many employers, you rely on a bonus plan to help retain valued employees and motivate them to work hard, don’t get caught in this common trap: Employees who worked overtime during the bonus-earning period will be entitled to additional overtime pay after they get their bonuses.

Don’t assume privacy clause guarantees privacy

01/15/2009

Some employers include a privacy clause in their applications and handbooks that tells employees they can opt out of having their names and addresses released to third parties. However, if a worker who is suing for wage-and-hour violations wants to get his hands on employee names and contact information for the purpose of building a class-action case, those privacy clauses can’t stop it.

Maritime arbitration agreements enforceable, trump California law

01/15/2009

The 9th Circuit Court of Appeals had ruled that cruise lines and the unions who negotiate labor contracts on behalf of the “seamen” who work on cruise ships can agree that all disputes go to arbitration, and that employment contracts that include arbitration clauses are enforceable.

Insurance claims adjusters may be exempt under California law

01/15/2009

Claims adjusters may be exempt from overtime under the California Industrial Welfare Commission Wage Order No. 4. Reason: They’re administrative employees.

San Francisco officers propose age discrimination class action

01/15/2009

A group of police officers recently filed suit against the city and county of San Francisco, claiming the police department has repeatedly promoted and given raises to younger employees instead of to more experienced, older officers.

Pharmacist says $2.9 billion will cure CVS wage violations

01/15/2009

A pharmacist formerly employed by Longs Drug Stores recently filed a class-action lawsuit demanding $2.9 billion from CVS Caremark Corp., which purchased Longs in October. According to Charles Jones, who worked as a pharmacy manager and pharmacist at a San Diego Longs, the store violated wage-reporting laws for its nonexempt employees.