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Compensation & Benefits

New law eliminates OT for highly paid computer professionals

12/24/2008

Gov. Arnold Schwarzenegger has signed a bill that will eliminate overtime pay for certain computer professionals. Assembly Bill 10 creates an overtime exemption for computer professionals working in California who are engaged in “intellectual or creative” work …

Kaiser settles wage-and-hour suit for $5.4 million

12/24/2008

The Kaiser Foundation Health Plan has agreed to settle a class-action wage-and-hour lawsuit brought by 770 California employees. Under the terms of the settlement, Kaiser agreed to pay $5.4 million, $3.7 million of which will go directly to the class members who claimed they were misclassified …

Morgan Stanley will pay $16M to settle race bias suit

12/24/2008

A federal judge has given final approval to the settlement of a race discrimination lawsuit brought by financial advisors against Morgan Stanley & Co. Inc. The settlement establishes a $16 million fund, of which $14 million will be divided among class members who submitted claims.

What are California’s requirements for employee resting & eating facilities?

12/24/2008

Q. Are there any specific requirements regarding the types of resting and eating facilities California employers must provide for their workers?

Court not sold that SEPTA is ‘arm of the state’

12/24/2008

A bus driver recently sued the Southeastern Pennsylvania Transportation Authority (SEPTA), claiming she and all others like her had been paid less than they were entitled to. SEPTA tried to get out of the lawsuit by saying it was an arm of the state, and therefore immune from Fair Labor Standards Act claims.

BlackBerry time: When must you pay for employees’ off-duty PDA hours?

12/24/2008

Hand-held devices, such as BlackBerrys, Trios, iPhones, etc., make it easy for workers to check e-mail and do work at any time of day. And your nonexempt, hourly workers may demand to be paid for that screen-time. So, when must your organization pay nonexempt employees for such off-the-clock work? There’s no clear-cut answer.

Can we cut the pay of a lousy employee?

12/24/2008

Q. We conduct yearly performance evaluations, during which we review whether employees have met expectations. If an employee fails to meet those expectations, can we legally decrease the employee’s salary?

Must we pay travel costs when light duty means a temporarily longer commute?

12/24/2008

Q. One of our employees who normally reports to another facility has been out on workers’ comp and is now doing light duty in the office. Getting here adds an extra hour to his commute. I know we don’t have to pay for his commuting time, but what about his travel expenses?

Do we have to pay health insurance opt-out bonus during FMLA leave?

12/18/2008

Q. Our company offers a health insurance opt-out incentive, paying employees $400 a month if they use their spouses’ insurance plans. We now have an employee going out on FMLA maternity leave. Do we have to keep paying her $400 per month?

Can we deduct personal leave for exempt worker’s partial-day absence?

12/18/2008

Q. Some of our supervisors make their exempt employees take personal or sick leave for every minute they miss from work, even if they work a regular schedule the rest of the week. Can we safely do that?