SUTTON | HAGUE

On Sept. 10, 2014, Gov. Brown signed AB 1522 which will require California employers to provide paid sick leave to employees. The new law goes into effect July 1, 2015. In Alexander v. FedEx, (Aug. 27, 2014), the Ninth Circuit Court of Appeals held that FedEx’s contracted drivers where employees even though FedEx’s policies arguably gave the drivers a great […]

Nevada law defines a “workday” as “a period of 24 consecutive hours which begins when the employee begins work.” When applicable, daily overtime must be calculated accordingly. Centralized control of leave administration within a company is critical for consistency. When a harassment complaint is received, immediate interim measures must be taken. A company must carefully select supervisors and make sure […]

An employee’s regular rate of pay includes all “remuneration for employment paid to, or on behalf of, the employee…” See 29 U.S.C. § 207(e). In calculating an employee’s regular rate of pay, employers must account for all bonuses unless they are discretionary both as to the fact of payment as well as the amount of payment. The failure to account […]

Section 2802 of the California Labor Code requires employers to reimburse their employees for any “necessary expenditures or losses” that they incur as a direct result of doing their job.[1] But what if an employee’s work-related activities do not actually generate any expense in addition to that which the employee would have normally incurred otherwise? For example, if an employee […]

The ADA generally does not require employers to grant requests for indefinite leave. Where continued requests for leave extensions, or piecemeal leave requests, create an indefinite leave situation, employers may usually deny further extensions. – Brett Sutton   Two of the most important factors in determining whether a job task is an essential function are the employee’s job description and the […]

         Does the Cal/OSHA heat illness standard apply to indoor employees? James Boretti (President/CEO): Technically, no. The California heat illness prevention standard general industry order 3395 applies and is directed to outdoor places of work. However, heat illness is a recognized hazard that can be applied to both indoor and outdoor employees. Does Cal/OSHA recognize that the Industry […]