It is becoming increasingly difficult for university graduates to find appropriate – and well-paid – employment. As such, many have begun to question the value of obtaining a degree in the first place. Why, after all, should one take on tens of thousands of dollars in debt to acquire workplace skills, if one is ultimately unable to enter the workplace? The situation is as problematic for schools as it is for students. In recent years, many colleges, universities, and graduate programs have seen a steep drop in applications. Many institutions – the responsible ones – have adjusted with the downturn, buying out teachers and cutting back on the number of students they admit. Other programs (for-profit universities, most notably) engage in underhanded schemes to keep their enrollment numbers up. Namely, they make unfounded promises about job prospects and potential salaries. One institution in particular – DeVry University, which operates more than a dozen campuses in…Read More
It is sad to say, but violating an employee’s right to fair wages and properly tracking and paying for a person’s hours seems to be a common tactic in the world of business right now. Companies are willing to risk the seemingly paltry penalties associated with wage and hour violations to try to undermine their employees ability to earn the wages that they are owed or due. Hertz has been the target of such wage and hour lawsuits before — just as much of rental car industry has — and they face another one now. A former associate manager is suing the company for forcing her to work hours that she wasn’t paid for all under the guise of being able to keep her job. She claims that Hertz willfully refused to pay overtime wages, which is a violation of federal law. There are a couple of things to take away from this story, with…Read More
Earlier this month, a convenience store in Salem, New Hampshire, was ordered to pay $18,222 in back wages and another $18,222 in damages to 11 former employees. This was the result of unpaid overtime wages the employer hid from the government for years. In this situation, the employees knew that they were being treated unfairly, but did not believe they could do anything about it. Instead of seeking outside help, many of the employees simply looked for work elsewhere. If you are in similar circumstances, you don’t have to wait for the U.S. Department of Labor to take notice. Instead, you can file a complaint against your employer. As with the New Hampshire convenience store example, the first step when you notice a violation is to attempt to address it with your employer. This allows them the opportunity to remedy the situation before it is escalated. If your employer is not receptive to discussing the…Read More
The new overtime rules, which will go into effect December 1, have been challenged by two lawsuits this past week. The first suit against the Department of Labor and its Wage and Hour Division was filed by a coalition of 21 states, lead by Texas and Nevada. The second is from a collective group of business groups lead by the U.S. Chamber of Commerce. In both lawsuits, the groups claim that the DOL was “arbitrary and capricious” in adopting a higher minimum salary threshold for exempt employees. They also argue that the automatic salary adjustments every three years, or the “escalator provision,” violates the Administrative Procedures Act provision for “notice and comment” rule making when Fair Labor Standards Act (FLSA) guidelines are altered. Essentially, the lawsuits claim that the new overtime rules place an unreasonable burden on employers and on state budgets. The rule will require employers to pay overtime to salaried workers who make…Read More
After all, employees can be held liable by the accidents caused by its employees who are under the influence. In addition, employers are responsible for maintaining a safe environment for employees, who could be at risk if a co-worker is conducting hazardous activities under the influence. Despite these legitimate business concerns, the right to privacy is a fundamental and protected right, and there are limited scenarios in which an employer can legally drug test employees. Federal Regulations – Because it is deemed to be in the public interest, Federal laws require random drug testing programs for jobs that serve certain public security and safety functions. This may extend to California residents who work for federal agencies, such as the Department of Transportation, the Federal Aviation Administration, and the Federal Railroad Administration. For example, air traffic controllers and airplane pilots are subjected to random drug testing. Employers With State Contracts or Grants – The California Government Code 8355…Read More
Earlier this year, the 9th U.S. Circuit Court of Appeals ruled that service advisers at automotive dealerships, unlike salespeople and mechanics, are not exempt from overtime wages. A panel of three judges found, after extensive review of the Fair Labor Standards Act (FLSA), that Congress never intended to exempt this group of employees. This lawsuit began in 2012 when service advisers at Encino Motorcars LLC, a California Mercedes Benz dealership, claimed their employer violated the FLSA by not paying them overtime compensation. In January 2013, a district court dismissed the employees’ claim, a decision that was then appealed in March 2015 by the 9th Circuit, who cited Department of Labor (DOL) regulations that the only workers who sell cars are salespeople and who service cars are the mechanics. The Supreme Court ordered the 9th Circuit to reconsider the matter without taking into account the DOL rules. The decision was then made in January of this…Read More
Learning that you’re pregnant is exciting, life-altering news. It can also be time of great anxiety, especially if you are working and want to continue to work. There’s some good news and some bad news. The good news is that state and federal laws offer numerous protections for pregnant employees and employees who have recently given birth. The bad news is that many employees are unaware of their legal rights and some employers will take full advantage of this. That is why if you are pregnant and feel like your employer is making improper decisions about you, you should speak with an attorney. Before you make that call, we want you to be generally aware of the rights of pregnant employees in California. Discrimination Prohibited – Simply put, discrimination due to your pregnancy is a violation of your legal rights. For California employees, Government Code 12940(a) provides that it is “unlawful employment practice” for an employer…Read More
Businesses do wrong by their employees a lot. And they often get away with it. This is because many employees feel like it is easier to throw up their hands than it is to stand up to aggressive bosses who are backed up by expensive lawyers. This is unfortunate, as there are many federal and California state employment laws that are designed to protect employees. This is why if you feel you have been wronged by your employer, you should contact Moss Bollinger. For years, we have fought against big businesses to protect the rights of employees. What Laws Protect Employees? You may be wondering what sorts of wrongs are covered by the law. In brief, they include: Improper Termination of Employment. In California, employees are hired on an “at will” basis. This means that they may be fired without notice and without cause. Despite this, employers are legally prohibited from firing an employee out…Read More
The new overtime rules under the Fair Labor Standards Act (FLSA) go into effect December 1, but there is still a lot of misinformation about it. One area of confusion relates to highly-compensated and professional employees. Many people believe that these two types of workers are automatically ineligible for overtime benefits. This is not always the case. In order to be ineligible for overtime, an employee must pass three tests related to income and job duties. These categories are referred to as white collar exemptions. In the final ruling of the FLSA overtime rules, the Department of Labor states that they are “implementing the exemption from minimum wage and overtime pay for executive, administrative, professional, outside sales, and computer employees.” Listed below are the three tests that can make you ineligible for overtime pay if your job falls into the above categories: Salary basis test – You must be paid a predetermined and fixed salary that is…Read More
Everybody uses a cell phone now. They are simply a necessity of living in an age of emails, texting, and social media. But smart phones are expensive, so are monthly plans. And have you ever gone over your data limit? It can get ridiculously expensive. Which brings me to my next point: cell phones have become an essential work tool for many employees. Your employer may require to be on call, to receive and send emails through your phone, to text or use social media, or even to purchase expensive apps. So what are you supposed to do when use your personal cell phone for work and end up running up your bill? California Employers Responsible For Employee Expenses If you were not aware, California employees are entitled to reimbursement for employment related expenses. Specifically, the California Labor Code states that: “An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by…Read More
