With March Madness approaching, it is not an uncommon situation for office pools to be organized by co-workers. While this may seem like a fun and harmless workplace activity, promoting teamwork and enhancing morale, such “gambling” actually can place the employees and the company at risk for criminal penalties. California Penal Code Section 337a makes… Continue Reading

Update the Handbook:. Time flies so has it been a few years since you last reviewed and updated your employee handbook? 2011 might the year to add or revise policies relating to: cell phone use at work and on the road; use of social networking media at work; the recent revisions to the FMLA and… Continue Reading

On February 16, 2011 the California Court of Appeal issued a ruling that is going to significantly increase the number of meal and break lawsuits and will make settlement of these claims more expensive! California law provides an employee is entitled to be paid one additional hour of wages as a penalty for every meal… Continue Reading

In a move that has employers concerned about increased wage and hour litigation, the Wage and Hour Division (WHD) of the U.S. Department of Labor, in conjunction with the American Bar Association (ABA), has created an Attorney Referral System which will provide referrals to local “attorney referral programs” so that employees who wish to pursue… Continue Reading

An increasing number of wage and hour lawsuits and administrative wage claims before the Division of Labor Standards Enforcement include claims based upon the automatic deduction of meal periods. In many instances, employees do not actually clock out and in for lunch. As a result, the time records do not properly and accurately reflect a… Continue Reading

In many of the wage and hour lawsuits being filed under the Federal Fair Labor Standards Act (FLSA), Plaintiffs seek to hold some individuals personally liable for claims of unpaid wages and overtime. Most businesses assert that only the company should be liable for any wage and hour violations and not the individuals – especially… Continue Reading

In Green v. Laibco, LLC, the California Court of Appeal upheld an award of over $1Million in attorney fees and $1 Million in punitive damages in a wrongful termination action filed pursuant to the Fair Employment and Housing Act (FEHA) and on other claims. Subsequent to her termination, the Plaintiff, a 21 year employee, sued… Continue Reading