If you’re working long hours but not getting overtime pay, the courts are on your side, even if you don’t have an exact record of all your hours. In a recent California case, an appeals court determined that a sales and marketing director who put in extra hours should receive a payout, even though the trial court had found his testimony about his work hours too vague to calculate damages. The employee, Terry Furry, worked for the East Bay Express, a weekly newspaper based in Oakland, … [Read more...]
If you’re on call, you must be paid: New ruling
If your employer requires you to be on call for work, you must be paid, even if you don’t end up actually working, according to a California appellate court. This can be a confusing gray area for employees, but the court made it crystal clear: Requiring employees to be on call but not paying them anything if they don’t work is “abuse,” according to a 2019 ruling. These flexible scheduling practices could apply to many industries — particularly consumer-facing roles such as sales staff, retail … [Read more...]
Labor Department Will Require Overtime Pay for More Workers
More than a million U.S. workers would become eligible for overtime pay under a new rule proposed this month by the U.S. Department of Labor. Currently, employees must earn less than $455 a week — or $23,660 a year — to qualify for time-and-a-half pay if they work more than 40 hours in a week. The DOL wants to raise that threshold to $679 a week, or $35,308 a year, including a larger swath of the population in the requirements for overtime pay. The public has about two months to comment on … [Read more...]
Court Sticks Up for Workers’ Rights, Down to the Minute
California courts have been making clear that employers cannot take advantage of workers, even in ways the companies may consider minor. Workers needn’t blindly comply with whatever the company that signs their paychecks requires. The law lays out specific rights for workers — even scrimping on free time by a few minutes is grounds for legal action. To help illustrate your rights under the law, we’re offering an overview of some recent cases, including a couple in which the court decided the … [Read more...]
Know Your Rights with Employment Background Checks
Already this year, Walmart faces a class-action lawsuit over claims that it didn’t clearly alert job seekers about planned background checks; a California federal judge in mid-January certified a class of 5 million job applicants. And in early January, Delta Air Lines agreed to shell out $2.3 million to settle a class-action lawsuit over similar claims, also filed in California. Last year, Frito-Lay, Omnicare, and Pepsico likewise settled background check disclosure form lawsuits for amounts … [Read more...]
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