Wage & Hour

MISCLASSIFICATION OF EXEMPT EMPLOYEES CAN RESULT IN SIGNIFICANT FINANCIAL CONSEQUENCES FOR EMPLOYERS

Costa Solutions LLC, a warehouse service provider to the HEB grocery chain, has agreed to pay $146,459 in overtime back wages to 63 current and former employees after an investigation by the U.S. Department of Labor’s Wage and Hour Division. The investigation, conducted by the division’s San Antonio District Office, found that Costa Solutions violated …

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California Employer LAWlert: CA Mandates Paid Sick Leave

The California legislature on Saturday, August 29, passed the Healthy Workplaces, Healthy Families Act of 2014. Below are the pertinent elements of the law that every employer in California must become familiar with.Sick Leave Entitlement/Accrual/UseIt states that an employee who, on or after July 1, 2015, works in California for 30 or more days within …

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Cheating Doesn’t Pay- employer created multiple personalities for employees to avoid paying wages

A former Subway sandwich maker in Washington claims his employer used an inventive scheme to avoid paying him overtime: Creating fictional workers.Erwin Zambrano Moya alleges in a lawsuit filed in federal court Wednesday that the Subway franchise at 2301 Georgia Ave. NW, near Howard University, systematically shortchanged him for the two years ending in June. …

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California Employer LAWlert: FORCED USE OF VACATION FOUND TO VIOLATE THE NO ‘USE-IT-OR-LOSE-IT’ PROVISION OF CALIFORNIA LAW

Recently the 2nd District Court of Appeals ruled against Lexmark International, Inc., that its vacation policy violated California Labor Code Section 227.3 which states in pertinent part that an employer’s vacation policy “shall not provide for forfeiture of vested vacation time” and awarded plaintiffs $13 million. Under California law and as affirmed by the court, …

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CA UPDATE: Special 2013 Legal Update Alert

SPECIAL 2013 LEGAL UPDATE ALERT As part of Holman HR’s continuing efforts to keep you, our client apprised of new legislation, below is a comprehensive list and summary of all new employment laws for 2013 affecting California employers. For our clients who do not operate facilities within California we will also update you as to …

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CA Update LAWlert: Supreme Court broadens definition of employer

In California under the IWC wage orders an entity can be held part of an employer/employee relationship if any one of the following three scenarios are satisfied: (1) “to exercise control over the wages, hours or working conditions;” or (2) “to suffer or permit to work;” or (3) “to engage,” a common law definition. Elements …

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CA UPDATE: Is Your Commissioned In-House Sales Employee Exempt from Overtime?

Under California law, a commissioned inside sales representative covered either by Wage Order 4 or Wage Order 7 can be classified as an exempt employee if: Total compensation exceeds 1.5 times the minimum wage for each hour worked during the pay period (As of January 1, 2008, 1.5 x $8.00 = $12.00/hour); and at least …

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California Employer LAWlert: Employee Meal Breaks in California

California law states:  “No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual …

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