When a company knows or should know a worker is under-reporting his or her hours, the firm can’t use the employee’s role to diminish its own responsibility under the Fair Labor Standards Act. That was according to the ruling by the U.S. Court of Appeals for the Eleventh Circuit in…
The California Court of Appeal reversed a $90 million class action judgment in a case of alleged rest period violations under state law, finding the requirement of security guards to remain on-call during rest breaks was not improper. In weighing Augustus v. ABM Sec. Servs., Inc., the appellate court for…
Employers are being more heavily scrutinized for taking potentially illegal action when background checking employees either prior to hire or during the course of employment. A class action lawsuit was filed in a Missouri federal court alleging Michaels, a craft store chain, violated the Fair Credit Reporting Act in its…
Nationwide, there has been a rise in wage and hour claims related to mis-classification. In a recent success story for employees in California, a trial court awarded truck drivers nearly $1 million in damages plus attorneys’ fees, litigation expenses and additional enhancements in the class action. The defendant employer, Oakland…
In addition to wage and hour claims that involve violations over the course of employment, former employees may have rights to recover for lost pensions. In a recent case, a group of judges has filed a lawsuit over California’s pension system, known as Calpers, as well as the state of…
Discriminatory practices in the workplace can impact the lowest paid minimum wage workers to high paid executives. There have been cases of discrimination in every industry, from manufacturing to law firms. Earlier this year, a black editor of People Magazine filed a lawsuit alleging discrimination. According to the complaint, the…
California law will now give unpaid interns and volunteers a number of the same legal protections as regular employees. Under the California Fair Employment and Housing Act, employers are prohibited from discriminating against employees based on race, religion, national origin, ancestry, disabilities, sex, gender, age sexual orientation, or gender expression.…
One of the reasons that using third-party vendors and other staffing companies is attractive to businesses, is that they were able to shift legal responsibilities elsewhere. Needing manpower didn’t require concern for worker protections, including workers’ compensation, proper training, or other benefits. Businesses were able to quickly and efficiently get…
Every year, California businesses need to learn and adjust to new employment and labor laws and regulations. As the end of 2014 draws near, corporations and small-businesses alike will be shifting gears to implement new policies in accordance with California laws slated to go into effect in 2015. In addition…
A recent report has exposed the myriad abuses committed against Indian high-tech workers employed by American companies. According to The Guardian, brokers have “hijacked” the professional visa program, creating a system of “bondage” resulting in wage theft and other abuses against Indian workers. Many workers who have quit or tried…