News
[07/22]
Wachovia loses $8.9B, cuts 6,350 workers, dividend
[07/21]
Medically unfit truck drivers still on roads
[07/21]
NTSB's 8 proposals to bar medically unfit drivers
[07/18]
Report: Danger from electrical work in Iraq severe
[07/17]
Brazil oil strike negotiations stall
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Articles
Wage & Hour Laws
Wage and hour standards for employees are governed by the federal Fair Labor Standards Act (FLSA), which was originally enacted in the 1930s. FLSA applies to any enterprise, which has two or more employees, engages in business with other states, creates products destined for other states or handles goods or materials which have come from other states, and which has a gross annual sales volume of $500,000 or more. FLSA also applies to companies involved in construction, home repair or landscaping, laundry and dry-cleaning operations, hospitals and facilities that care for people who are disabled or old, and schools, without regard to how much money they make.
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Chronology of a Discrimination Charge Filed with the EEOC or State Fair Employment Practices Agency
It is illegal for employers to discriminate against their employees based on age, race, religion, gender, disability, or other factors under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Equal Pay Act, and other federal anti-discrimination laws. Most states have similar laws. Employers are also prohibited from retaliating against you at work for asserting your rights under these laws or assisting or testifying on behalf of others in asserting their rights under these laws.
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Case Summaries
[07/23]
Cox v. Ocean View Hotel Corp.
In an employment discrimination case involving an employment agreement containing a mandatory arbitration clause, denial of defendant-employer's motion to compel arbitration and partial summary judgment for plaintiff is reversed where: 1) for purposes of a breach-of-agreement theory, plaintiff did not properly initiate arbitration under the terms of his employment agreement via a letter he sent; and 2) the district court improperly granted summary judgment in plaintiff's favor on the issue of waiver.
[07/23]
Magallanes v. Ill. Bell Tel. Co.
Dismissal of an employment-discrimination suit because the parties had settled is reversed where defendant-employer did not meet its burden to prove that plaintiff's attorney had in fact been authorized to enter into a settlement agreement.
[07/22]
Lopez v. Imperial Cty. Sheriff
In a case arising after respondent terminated appellants from their jobs as correctional sergeants, judgment remanding matter to the Employee Appeals Board is affirmed where the Board's previous tie votes regarding appellants' termination were the equivalent of a failure to act, and the trial court did not err in remanding the matters for the Board to conduct another vote.
[07/22]
Brinker Restaurant Corp. v. Superior Ct
In an action involving alleged violations of laws governing rest and meal breaks on transfer from the state supreme court, the court of appeals rules that: 1) while employers cannot impede, discourage or dissuade employees from taking rest periods, they need only provide, not ensure, rest periods are taken; 2) employers need only authorize and permit rest periods every four hours or major fraction thereof and they need not, where impracticable, be in the middle of each work period; 3) employers are not required to provide a meal period for every five consecutive hours worked; 4) while employers cannot impede, discourage or dissuade employees from taking meal periods, they need only provide them and not ensure they are taken; and 5) while employers cannot coerce, require or compel employees to work off the clock, they can only be held liable for employees working off the clock if they knew or should have known they were doing so.
[07/22]
Los Angeles County Professional Peace Officers' Assoc. v. County of Los Angeles
In a case brought by certain retired deputy sheriffs challenging Los Angeles county's policies concerning payment for excess accumulated vacation hours, judgment for plaintiffs is affirmed where the policy discriminated against deputies suffering work-related injuries in violation of Labor Code section 4850.
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