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Apr 09 2015
Q&AWage and Hour

No easy solutions for avoiding overtime pay

Question: We have two related companies with common ownership. Employees often work a shift with one company and then work a second shift with the other company. As long as the work for each company never goes over 40 hours per week, we don’t have to pay overtime, right? Answer: Wrong. Unless exempt, federal law…

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Apr 03 2015
Wage and HourWashington

Seattle, Washington minimum wage ordinance upheld; regulations released

A federal district court in Washington has refused to stop the City of Seattle from treating each franchise as a “large employer” for fast phase-in of Seattle’s new $15 minimum wage, and Seattle has moved ahead in issuing its new administrative rules on minimum wage. These rules apply to employees who perform work in Seattle,…

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Mar 31 2015
Q&AWage and HourWashington

Do employees occasionally working in Seattle get a minimum wage bump?

A: Yes, depending on how many hours they work within the city. Similar to its Paid Sick and Safe Leave ordinance, Seattle is applying the new minimum wage for partial work in the city. The ordinance requires the new $10 minimum wage ($11 if you have over 500 employees) for every hour worked by employees…

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Mar 03 2015
Leave LawsQ&AWage and Hour

In California, Oregon and Washington: Are employers required to pay out sick leave?

A: No, none of the new sick leave laws currently require employers to pay out unused paid sick leave. However, in some states, such as California and Montana, if an employee accrues rights under company policy to paid time off (PTO) or vacation, the amount becomes payable upon separation from employment. In these states, employers…

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Feb 16 2015
Wage and Hour

Companionship services regulation effective January 1, 2015, challenged

A federal district court in the District of Columbia has struck down the U.S. Department of Labor (DOL)’s new employment regulations that required third-party employers of home care workers to pay minimum wage and overtime effective January 1, 2015. The DOL isn’t backing down, though, and says it will continue to litigate the issue. The…

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Feb 11 2015
CaliforniaQ&AWage and Hour

What is the liability under California law for failing to provide a rest period?

A: No, paying for a missed rest period is not enough. If an employee misses a rest period he or she is entitled to one hour of additional pay at their regular rate, payable in the next paycheck. If an employee is not paid this hour of pay by the next paycheck, then penalties may…

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Dec 11 2014
Wage and Hour

Alert: Supreme Court says no pay for security screening time at Amazon warehouse

Warehouse workers who had to wait up to 25 minutes after their shifts to go through a security screening weren’t entitled to be paid for the time, ruled the U.S. Supreme Court on December 9, 2014. Time spent in tasks before or after a shift must be “integral and indispensable” to employees’ principal activities in…

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Dec 10 2014
Employee BenefitsQ&AWage and Hour

State sponsored programs provide good options to avoid layoffs and furloughs

A: Possibly. Many states have programs in place for employers who need to reduce hours, providing lost wages to employees through partial unemployment while having almost no impact on the employer’s unemployment-insurance tax rate. These programs benefit employees because their lost wages are recovered, and it allows employers to keep trained and skilled staff during…

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Oct 20 2014
Wage and Hour

Employers Liable for Wage Claims of Contractors and Subcontractors

The cleaning took place during the evening, typically around 11 p.m. when the stores were closed. The employees were not able to leave until their work was signed off in the morning, usually around 8 a.m. Unfortunately, the subcontractors failed to pay their employees minimum wage and overtime, while they also neglected to pay various…

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Oct 10 2014
CaliforniaEmployee BenefitsWage and Hour

CALIFORNIA: Governor signs more 2014 legislation

California Governor Jerry Brown recently signed more bills into law from the 2013-2014 regular legislative session. Here is a summary of the employment-related bills that have the greatest impact on employers. Unless otherwise indicated, they take effect on January 1, 2015. Remember that as with most laws, there are often exceptions to the rules, which…

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Oct 07 2014
Wage and HourWashingtonWorkers’ Comp

WASHINGTON: L&I announces 2015 workers’ comp rate increase

Washington’s Department of Labor and Industries (L&I) has announced an average proposed 1.8 percent rate increase in workers’ compensation rates effective January 1, 2015, pointing out that the proposal is just under the current rate of wage inflation of 2 percent. Yet, Oregon just announced a 5.3 percent decrease in next year’s base premium rate,…

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Oct 06 2014
CaliforniaWage and Hour

CALIFORNIA: Reimbursement for Business Use of Personal Phones is a Must

Under California Labor Code 2802, employers must reimburse employees for all necessary  expenses incurred in their work duties. When the employees filed a class action lawsuit to enforce this labor code, the employer argued that many employees didn’t incur extra expenses to use their personal phones for work because they have unlimited-use phone plans. Essentially,…

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