• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Compensation & Benefits

Class action could take huge bite out of Apple

10/20/2008

On Aug. 4, a former employee filed a lawsuit against Apple Inc. for violations of the Fair Labor Standards Act and California law. If the court certifies the case for class-action status, as the employee wants—watch out! This could turn into one of the costliest wage-and-hour suits ever …

Temp agencies don’t have to cut check immediately after each assignment

10/20/2008

Some temp employees have tried to argue that they should be paid immediately for their work as soon as they finish a particular assignment—and not have to wait until the next regular payday. They’ve claimed that when each assignment ends, they are in effect being “discharged.” Now a federal trial court has clarified that the end of an assignment isn’t a “discharge.”

What are the rules for handling ‘seventh day’ overtime pay?

10/20/2008

Q. One of my employees worked four 10-hour days this week. His last day of work fell on Sunday, the seventh day of our workweek. We do not currently have an alternative work schedule arrangement. Do we have any overtime obligations to this employee? …

Cash-balance pension plans don’t violate ERISA rules

10/20/2008

A cash-balance pension plan is one in which the employer contributes a set amount each month on behalf of an employee. The employee eventually collects pension benefits based on the cash balance in his or her account. Some employees have claimed that such plans favor younger employees and therefore are illegal …

Adult-ed teachers are exempt professionals

10/20/2008

California Labor Code covers wage-and-hour issues and includes some exceptions to the basic requirement that employees must be paid for all time worked. One of those exceptions is the professional exception to Wage Order 4-2001, which allows school districts to pay teachers on a salary basis … Until now, it was unclear whether adult-education teachers could be paid the same way.

Good news: Courts more willing to throw out class actions for break violations

10/20/2008

Talk about expensive propositions: A simple lawsuit brought by one or two employees with a gripe can blow up big time if they try to sue on behalf of every other employee who may have been harmed by the same alleged wrong. Fortunately, some judges are clamping down on class actions, reserving them for rare cases.

Wage-and-hour woes continue to plague Silicon Valley

10/20/2008

Cadence Design Systems of San Jose recently agreed to settle two lawsuits brought by information technology workers who claimed they were misclassified and denied overtime and meal and rest breaks in violation of federal and California laws …

Confidentiality provision may violate federal labor law

10/20/2008

A temporary employment agency violated federal labor law by including a confidentiality provision in an employment contract, according to a recent NLRB ruling (Northeastern Land Services, Ltd. dba The NLS Group and Jamison John Dupuy, 352 NLRB No. 89, 2008). In the case, the agency fired a worker for violating the confidentiality provision …

Must we pay for tryout time?

10/20/2008

Q. I recently heard the phrase “tryout time” and wondered what this phrase meant and how it may be applicable to my workplace …

What do we do now that our employees have voted for an alternative workweek?

10/20/2008

Q. Our employees recently voted to establish a 4-10 workweek—four workdays a week, 10 hours per day. Are we required to submit the election results to the state? …