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Showing posts for: Wage and Hour

Jan 03 2017
Q&ATermination & ResignationWage and Hour

Can we deduct from a final paycheck for a missing laptop?

A: If you are in the State of Washington, there is a narrow window that would allow you to withhold the cost of the laptop from his final paycheck, but the penalties are high if you get it wrong. You can deduct from final pay for breakage or loss of equipment if it was caused…

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Dec 27 2016
Q&AWage and Hour

Q&A: Can employers prohibit supervisory level employees from discussing wages?

Answer: Yes, you can prohibit a supervisor from discussing wages, but only under certain conditions. First, the individual’s duties must be considered supervisory under the National Labor Relations Act (NLRA). Second, the discussion cannot involve allegations of wage discrimination under Title VII of the Civil Rights Act or some other law. How is a Supervisor Defined?…

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Dec 21 2016
Wage and Hour

Employer fined $1.1 million for wage and hour violations

An anonymous tip led the California Labor Commissioner’s Office to investigate a residential care company in San Diego. The investigation into the employment practices of Family Residential Care LLC and Del Cerro Assisted Living resulted in a $1.1 million fine for the employer.   The investigation revealed numerous violations of state laws on minimum wage,…

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Dec 15 2016
Wage and Hour

DOL challenges court’s freeze of overtime rules

The DOL has announced it is appealing a recent federal district court ruling that blocked the DOL’s new rules that would have significantly raised minimum salary levels for “white collar” workers who are exempt from overtime. The Fifth Circuit Court of Appeals has approved an expedited appeal. As we reported in an Alert on November…

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Dec 12 2016
Wage and Hour

Changes to EEO-1 Report finalized for 2018

The U.S. Equal Employment Opportunity Commission (EEOC) announced final changes to its EEO-1 Report, which will require covered employers to report pay data and hours worked beginning in 2018. The new form is consistent with the agency’s latest proposal, on which we previously reported. Here are the highlights: No EEO-1 Reports will be due in…

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Nov 28 2016
Wage and Hour

Alert: Judge blocks rule increasing salary for workers exempt from overtime

A federal district court has temporarily blocked a U.S. Department of Labor (DOL) regulation that would have taken effect on December 1, 2016, and raised the minimum salary for workers who are exempt from overtime. The ruling applies nationwide. The judge’s action buys more time for the parties to argue whether the rule should be…

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Nov 14 2016
Labor RelationsQ&ASafety and Health

Q&A: Are employees’ social media posts on wages and safety protected?

Answer: No, you shouldn’t discipline the employee who made the minimum wage comment, but you should definitely take steps to address all of the comments. The National Labor Relations Act (NLRA) protects non-management employees’ right to discuss or complain about their wages, hours, and working conditions. This protection has been consistently interpreted to also protect…

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Nov 10 2016
Drug and AlcoholEmployee BenefitsLabor Relations

Alert: 2016 ballot measures and election results will impact the workplace

CALIFORNIA: Voters approve recreational marijuana Californians voted to approve Proposition 64, the “Adult Use of Marijuana Act,” which legalizes the use of recreational marijuana in the state by individuals who are at least 21 years old. The new law protects individuals from criminal prosecution, but specifically preserves an employer’s right to enforce a drug-free workplace…

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Nov 03 2016
CaliforniaWage and Hour

CALIFORNIA: Two new laws increase scrutiny of employers’ wage decisions

Governor Brown has signed two companion bills designed to improve pay equity in the workplace. The first expands California’s groundbreaking pay equity law beyond gender so it also covers race and ethnicity (SB 1063). The second forbids employers from using prior salary as the sole justification for a pay disparity based on gender, race, or…

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Oct 18 2016
Affirmative ActionHarassment & DiscriminationWage and Hour

OFCCP wrings significant settlements from employers

The OFCCP uncovered the issues while conducting routine affirmative action audits, resulting in the following settlements: Chemonics International Inc., a company that supports economic development projects around the world, agreed to pay $418,243 in back wages and interest to 124 unsuccessful African-American applicants. The OFCCP examined the employer’s entry-level hiring process for professionals, and found…

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Sep 12 2016
Wage and HourWashingtonWorkers’ Comp

Q&A: Washington injured workers’ attending providers

A: They all can! However, they must be registered in Washington Labor & Industries (L&I) network. Q: In Washington, which of the following types of providers can be an injured workers' attending provider? Advanced RN Practioner (ARNP) Physician's Assistant (PA) Chiropractic (DC) Naturopathy (ND) Osteopathic Medicine (DO) Dentistry (DDS or DMD) Optometry (OD) Podiatry (DPM)

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Aug 18 2016
Wage and Hour

Payroll timekeeping practices: Rounding policies are permitted as long as they are neutral

The U.S. Ninth Circuit Court of Appeals recently ruled that both federal and California law allow rounding of employee work time to the nearest quarter-hour. Rounding should be neutral and even out over time, meaning that employees could benefit from the rounding by receiving more pay just as easily as they could miss out on…

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