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Wages & Hours

Can we withhold pay from workers who clock in early?

08/19/2008

Q. Some of our nonexempt employees occasionally begin work before their established starting times. We’ve always paid them for this time, but I’ve recently read that Georgia employers don’t have to pay an employee for such time if the early start was not approved in advance. Is this true? …

Breaks required—But forcing employees to take them isn’t

08/15/2008
In what may end up being a landmark decision, a California Court of Appeal has held that Golden State employers aren’t required to ensure employees actually take meal and rest breaks. Employers are in the clear as long as they permit breaks and do not prevent or discourage employees from taking them …

Denying FMLA leave could make you liable for lost wages

08/15/2008
If an employer denies legitimate FMLA leave and that denial, in turn, causes an employee to miss work because he becomes depressed or stressed, the employer may have to pay lost wages for those missed days. That’s what the 9th Circuit Court of Appeals ruled in a unique case that could have far-reaching effects …

Good news for ‘Charter counties’: State overtime and meal break laws don’t apply

08/15/2008
A California Court of Appeal has held that California Labor Code sections dealing with overtime compensation, meal breaks and rest breaks don’t apply to California’s “charter counties.”

Nursing home workers’contract signals start of statewide union push

08/15/2008
An overwhelming majority of nursing home workers at 10 Sava Senior Care facilities in Northern California ratified a new contract in July. It will cover more than 1,000 workers who are members of the Service Employees International Union United Healthcare Workers-West (UHW) …

Prudential Overall Supply agrees to settle living-Wage violations

08/15/2008
San Diego City Attorney Michael Aguirre announced in July that Prudential Overall Supply has agreed to settle violations of the city’s living-wage ordinance. The uniform supplier will pay $65,000. Aguirre filed a lawsuit against the company, arguing that it paid its workers below the rates set forth in the San Diego Living Wage Ordinance, which became law in 2005 …

The ‘multiplier effect’: How small wage-and-hour violations cost big

08/15/2008

For California employers, even minor wage-and-hour violations can wind up costing employers millions of dollars. Blame it on California’s infamous “multiplier effect,” which can come into play in any wage-and-hour case, but which really adds up in class-action suits …

Can we do anything about employees discussing pay with one another?

08/15/2008

Q. Can we prohibit workers from discussing their pay with each other? This practice appears to be creating workplace conflict and damaging morale in the office …

What are our responsibilities concerning breastfeeding in the workplace?

08/15/2008

Q. A number of our employees are pregnant. What are our obligations to accommodate their need to breastfeed when they return to work? …

Keep exact timecards, or court will use worker’s estimate

08/13/2008
Here’s an incentive to make sure you account for every hour your nonexempt employees work: If an employee claims you didn’t pay her what you were supposed to, and you don’t have accurate time records, the court will calculate what you owe based on the number of hours the employee tells the court she worked …