Tag: wage and hour

Dec
07
2020

Pandemic Telecommuting and the Wage and Hour Dilemma

by CoreMark | posted in Blog, Newsletter

With the coronavirus pandemic forcing so many employees to work remotely, and with mobile technology allowing them to work from anywhere, your employees may be working when they are off the clock. They may feel pressured to do so or maybe they just want to get their work done, but if they are working past normal working hours, it could spell trouble for your organization in the form of wage and hour disputes. The proliferation of smartphones had already led to a rising number of lawsuits by employees claiming they were required to work uncompensated on evenings and weekends when…
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Oct
12
2020

New Law AB 2257 Adds Independent Contractor Exemptions

by CoreMark | posted in Blog, Newsletter

A new law has come to the rescue of a number of freelance professions by exempting them from the onerous requirements of AB 5, which required most independent contractors to be classified as employees in California. Governor Gavin Newsom on Sept. 1 signed AB 2257 as an urgency measure, so that it took effect immediately after it passed unanimously in both houses of the state Legislature. If you remember, AB 5 set a new standard for hiring independent contractors, requiring many to be reclassified as employees covered by minimum wage, overtime, workers’ compensation, unemployment and disability insurance. It created a…
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Jun
06
2019

Off-the-clock Work Ban Can Save You From Wage and Hour Lawsuits

by CoreMark | posted in Blog

Wage and hour lawsuits are on the rise, usually with non-exempt employees claiming they weren’t paid either for overtime or for work they may have performed before or after their shift. But, if you have ironclad policies in place, you can greatly minimize both the chances of being sued and also losing the case. One California case illustrates how one employer, thanks to its policies on prohibiting work off the clock, was able to avoid a trial and payment of damages after an appeals court threw out a potential class-action suit by employees claiming they hadn’t been paid for overtime…
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Feb
01
2018

Businesses Pay Record Amounts for Lawsuits over Employee Treatment

by CoreMark Insurance Services | posted in Blog

Employers are paying out more for legal settlements and judgments for cases brought by employees over how they are being treated. According to the employment law firm of Seyfarth Shaw LLP, settlements for the 10 biggest class-action suits brought by employees grew an astounding 55% to $2.72 billion in 2017 from $1.75 billion the year prior. The trend in employee class actions reflects a similar trend of individual actions, which should be a wake-up call for employers to review their human resources policies and practices. These cases include claims for: • Wage-and-hour violations (such as insufficient pay, failure to pay…
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May
20
2016

FMLA, FLSA Lawsuits Surge, Exposing Employers to Large Awards

by Cerrina Jensen | posted in Uncategorized

The number of employee lawsuits against employers for Family Medical Leave Act (FMLA) and wage and hour violations has skyrocketed in the last five years and your firm could be the next target even for a small misstep, which can be costly. The Department of Labor has increased its budget and the number of investigators pursuing employers who violate the Fair Labor Standards Act (FLSA), which covers wage and hour complaints, including exempt and non-exempt employee violations, overtime violations and similar issues. Employment law attorneys say that the surge in FMLA complaints is a result of more people knowing about…
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Jul
21
2015

Changes to California’s New Paid Sick Leave Law

by Cerrina Jensen | posted in Blog, Newsletter

Less than two weeks after it took effect, California’s paid sick leave law has been changed with important amendments that affect most employers in the state. The new changes took effect immediately upon Gov. Jerry Brown signing the fixer legislation to last year’s Healthy Families Act of 2014. The new law gives employers some new flexibility in how they accrue paid sick leave. To make sure that you stay on top of the new law and understand your responsibilities, the following are the main changes: Employer standard The old law: Under the original version of the law, if an employee…
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May
29
2015

Reduce Chance of Lawsuits with Strong Employee Handbook

by Cerrina Jensen | posted in Blog

The legal threat is constantly growing for businesses, not only from outside the organization by business partners or customers, but also from within – by employees. Currently the bigger threat is being sued by your own staff for running afoul of a smorgasbord of statutes like labor, wage and hour, worker classification, discrimination and harassment laws. As an employer you need to be aware of the many threats errant policies may pose to your organization’s financial wellbeing. One lawsuit by a disgruntled or wronged employee with a large award or hefty attorney fees can sink a small business. Part of…
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