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Employment Law

HR lessons learned the hard way: Don’t blindly trust your FMLA software

07/20/2010
As FMLA administration grows more complex, more employers are using software to track it. Most of the time that works fine. But as one employer recently found out, FMLA apps don’t always tell the whole story. Lesson learned: There’s no substitute for doing a hands-on review of employee records.

How much can tip credits offset our minimum wage obligations?

07/20/2010
Q. We have always paid our waiters less than the minimum wage because of the tips they earn. Are we permitted to count tips as part of the minimum wage as long as we notify our employees of this practice and their actual tips equal or exceed the tip credit?

What are our obligations for notifying workers and government officials about a big layoff?

07/20/2010
Q. Due to the economy, we are considering shutting down our business. Are we required to give advanced notice to our employees?

How can we manage conflicting vacation requests?

07/20/2010
Q. We are a small company. Two of our employees in the same department have asked to take vacation at the same time. We’re afraid that we will be short-staffed if both employees are out at the same time. Can we institute a policy preventing employees from being out simultaneously?

Text messages and employee privacy: The Supreme Court weighs in

07/20/2010

The U.S. Supreme Court has held that a police department’s search of an officer’s text messages was reasonable and didn’t violate the officer’s Fourth Amendment rights. The court said that even if the officer had a reasonable expectation of privacy in his text messages, the search was motivated by a legitimate work-related purpose and was not excessive in scope.

State home health care aides can file wage class action

07/20/2010
A group of in-home health care aides who claim the state illegally reduced their wages can file a class-action lawsuit, following a ruling by the U.S. District Court for the Northern District of California. According to the workers, who are part of the state’s In-Home Support Services (IHSS) program, California violated federal law when it cut state employees’ pay in an effort to balance the state budget.

$4.2 million settlement in parking lot wage case

07/20/2010
Chicago-based Standard Parking Corp. recently settled a wage-and-hour lawsuit brought by current and former California parking attendants, valets and cashiers. The company will pay more than $4 million to some 7,100 employees.

Farm workers would get OT sooner if bill passes

07/20/2010
A bill that would give California farm workers overtime pay for working fewer hours per week was recently approved in the state Senate. The bill, S.B. 1211, would allow farm workers to receive overtime pay for working more than 40 hours in a week, down from the current 60-hour threshold.

Employees can’t just latch onto any bias claim

07/20/2010

Employees who don’t belong to the same protected class as one that is the subject of alleged harassment can’t successfully sue over that harassment except in limited circumstances. Certainly try to stop all harassment based on protected class membership, but don’t worry too much that any employee can sue.

Boss threatens retaliation? You can still save the day

07/20/2010
Employers aren’t allowed to retaliate against employees for participating in another employee’s discrimination case. But sometimes supervisors get frustrated and may threaten some form of retaliation. If that happens and you find out about it, act fast. Make sure the threat is never carried out.