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Employment Law

FMLA isn’t carte blanche for all sick leave

03/23/2011

Some employees with chronic health conditions believe that getting approved for intermittent FMLA leave means they can take protected time off anytime they feel sick. That’s simply not true. Intermittent leave can only be taken for illness, treatment or flare-ups directly related to a condition for which a health care provider has certified intermittent leave.

What’s the California law on tip credits?

03/22/2011
Q. We are a national restaurant chain that pays our waiters and waitresses less than the minimum wage because they earn tips. We are planning to open our first restaurant in California. Can we continue to pay our tipped employees less than the minimum wage?

Under a PTO plan, how should we handle payouts when employees quit or get fired?

03/22/2011
Q. Our company is considering replacing sick leave and vacation benefits with a paid time off (PTO) system. Under a PTO plan, how should we handle it when an employee resigns or is terminated?

NLRB names new Oakland regional director

03/22/2011
The National Labor Relations Board has appointed William A. Baudler as the regional director to its regional office in Oakland, where he is responsible for enforcing the National Labor Relations Act in northern California and northern Nevada.

Metallica drummer will try to beat overtime lawsuit

03/22/2011
The former personal assistant to Lars Ulrich filed a lawsuit claiming the Metallica drummer violated state and federal laws by failing to pay him overtime. Steven Wiig claimed he worked between 50 and 70 hours per week, on duty at Ulrich’s home, in recording studios and during Metallica’s worldwide tours.

Ask attorney to help set up independent contractor deals

03/22/2011
If you want to create independent contractor relationships, get expert legal advice on how to structure the contract.

Beware relying on arbitration agreements: They’re California courts’ pet peeves

03/22/2011
You may have heard that arbitration agreements are a great way to avoid lengthy and potentially costly employment discrimination lawsuits. But before you decide to use an arbitration agreement, remember that California courts don’t like them very much.

Mutual wage agreements may trump OT requirements

03/22/2011
Under limited circumstances, employers and nonexempt employees can agree to set a salary that covers regular work and overtime.

Carefully document when you acted to bring an end to supervisor sexual harassment

03/22/2011
Here’s good news for employers that try to do the right thing by fixing harassment they believe did in fact occur: Your liability will be limited if an employee fails to complain to the state Department of Fair Employment and Housing (DFEH) within one year of the last act of harassment.

9th Circuit: Pharma reps are salespeople

03/22/2011
Typically, federal courts tend to uphold the U.S. Department of Labor’s interpretations of the Fair Labor Standards Act. But now the 9th Circuit Court of Appeals has rejected the DOL’s interpretation of what it means to be an outside salesperson under the FLSA.