Daniel F. Pyne III

Daniel F. Pyne III

Hopkins & Carley

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"Comp Time" is Attractive to Many Employers, but Serves as a Trap for the Unwary

Many employers seek to avoid paying overtime compensation by providing compensatory time off, or “comp time,” to non-exempt employees who work more than eight hours in a day or more than 40 hours per week. Although...more

3/19/2015 - Compensatory Time Off Employer Liability Issues Unpaid Overtime

Understanding Expense Reimbursement Rules Is Critical As Claims Are Likely to Rise

Employers commonly reimburse expenses incurred by employees in the course of their employment, but many employers do not fully understand their obligations with respect to the reimbursement of business expenses. In light of...more

3/9/2015 - Cell Phones Employer Liability Issues Out-of-Pocket Expenses Reimbursements

Reasonable Accommodation and the Interactive Process—an Employer Prevails

An employer’s obligation to engage in the interactive process and to provide a reasonable accommodation to a qualified disabled employee as required by the Fair Employment and Housing Act is no simple task. More often than...more

2/23/2015 - Disability Employer Liability Issues FEHA Interactive Process Reasonable Accommodation

California's New Paid Sick Leave Law — Are You Ready?

We previously reported on the paid sick leave law that California passed last year. While no employer is required to provide paid sick leave to an employee until July 1, 2015 when the benefit portion of the new law becomes...more

2/10/2015 - Employer Mandates New Legislation Paid Leave Sick Leave

Mendiola Decision Highlights a Key Issue - The Calculation of "Hours Worked"

The continuing stream of lawsuits challenging employers’ payroll practices is well-documented. A large portion of wage and hour lawsuits seek to recover overtime compensation that should have been paid to employees who were...more

1/26/2015 - Employee Definition Employer Liability Issues Exempt-Employees Misclassification Rest and Meal Break Security Guards Unpaid Overtime Wage and Hour

A Review Of Recent Developments Of Interest To Employers

In This Review: - 2015 Schedule of Seminars - Wage & Hour Developments - Discrimination, Harassment, and Retaliation Developments - Arbitration and Class Action Developments - Developments...more

1/12/2015 - Arbitration Class Action Discrimination Employer Liability Issues Employer Mandates Harassment NLRB Retaliation Severance Agreements Wage and Hour

New Laws and Court Decisions Should Prompt Review of Employee Handbooks for Most Employers

Handbooks in light of several recent legislative actions and judicial decisions. Employers should generally review and update Employee Handbooks as necessary on a yearly basis, but numerous changes will be necessary for most...more

12/12/2014 - Anti-Harassment Policies Bring Your Own Device Employee Handbooks New Legislation NLRB Paid Leave Sick Leave Social Media Policy

Considering a Wellness Program for Employees? Make Sure You Do Not Violate the ADA or Other Laws in the Process

Rising health insurance costs have bedeviled employers for years. Wellness programs represent one tool designed to increase employee health and reduce health insurance costs. The Affordable Care Act’s (“ACA”) so called...more

10/27/2014 - ADA Affordable Care Act EEOC Employee Benefits Employer Liability Issues GINA HIPAA Wellness Programs

New Law Makes Employers Liable for Labor Code and Other Violations of Staffing Companies

At some time during the business cycle, many companies utilize staffing or labor contracting agencies to obtain workers to perform certain tasks. In such situations, the staffing or contracting agency typically serves as the...more

10/10/2014 - Employee Rights Employer Liability Issues Independent Contractors Wage and Hour Wages

California Employers Must Now Include Training against "Abusive Conduct" in AB 1825 Sexual Harassment Training for Supervisors

Last week, Governor Brown signed legislation that adds a new component to the required AB 1825 sexual harassment training for supervisors. Starting January 1, 2015, AB 1825 anti-harassment training must also include training...more

9/24/2014 - Anti-Abuse Rule Anti-Harassment Policies Employer Liability Issues Employment Policies FEHA New Legislation Sexual Harassment Training

Franchisor Not Liable for Sexual Harassment of Franchisee's Employee under FEHA

In Patterson v. Domino's Pizza, LLC, the California Supreme Court took on the issue of whether a franchisor is an "employer" of its franchisee's employees under the Fair Employment and Housing Act ("FEHA") and therefore...more

9/12/2014 - Dominos Employer Liability Issues FEHA Franchises Franchisors Joint Employers Right to Control Sexual Harassment

California Legislature Passes Bill for Paid Sick Leave, and Bill Expanding Potential Penalties for Minimum Wage Violations

On August 30, 2014, California became the first state in the nation to pass a law requiring all employers to provide paid sick leave to most employees. Assembly Bill 1522, which will become fully effective on July 1, 2015,...more

9/5/2014 - Employee Rights Minimum Wage Paid Leave Sick Leave

Employers May Be Obligated to Reimburse Employees for Their Use of Personal Cell Phones While Carrying Out Job Duties

This week the California Court of Appeal in Cochran v. Schwan’s Home Service, Inc. ruled that an employer must always reimburse an employee for the reasonable expense of the mandatory use of a personal cell phone. Most...more

8/15/2014 - Cell Phones Employee Rights Reimbursements

Employers May Deduct from Vacation Pay for Exempt Employee's Partial Day Absences of Less than Four Hours

An employee’s exempt status under both federal and California law is dependent on the employee’s duties falling within one of the exemptions (administrative, professional, executive) and the employee being paid on a “salary...more

8/8/2014 - Appeals DLSE Employer Liability Issues Employment Policies Exempt-Employees Vacation Leave Vacation Pay

Peabody Decision Tightens Requirements for Commission Payments and Exempt Status

State and federal law create an exemption from overtime compensation for employees engaged in sales who satisfy specific criteria. Although the requirements under each set of laws are not identical, each generally provides...more

7/24/2014 - Employer Liability Issues Exempt-Employees Exemptions Minimum Wage Over-Time Sales Commissions Time Warner Wage and Hour

Remember to Calculate Overtime Pay Based on Your Employees' "Regular Rate of Pay"

When a non-exempt employee is entitled to overtime compensation, the hourly rate of pay from which the overtime compensation is calculated is known as the employee's "regular rate of pay." If an employee subject to...more

7/8/2014 - Non-Exempt Employees Over-Time Unpaid Overtime Wage and Hour Wages

The California Supreme Court Holds That an Employee May Waive the Right to Bring a Wage and Hour Class Action in an Arbitration...

On Monday, June 23rd, 2014, the California Supreme Court issued its long awaited decision in Iskanian v. CLS Transportation. In Iskanian, the Court held that waivers of the right to bring a wage and hour class action,...more

7/1/2014 - Arbitration Class Action Class Action Arbitration Waivers CLS Transportation Employer Liability Issues Federal Arbitration Act Iskanian PAGA Trucking Industry Wage and Hour

Is Telecommuting Now a Reasonable Accommodation?

The laws prohibiting disability discrimination impose obligations on employers which go far beyond the mere avoidance of discrimination. In addition to refraining from discrimination, employers must also provide reasonable...more

6/9/2014 - Disability Disability Discrimination Employee Rights Reasonable Accommodation Telecommuting

Is Your Standard Severance Agreement Subject to Challenge by the EEOC?

Many employers have a standard severance agreement that they routinely use with minor modification when terminating an employee either as part of a reduction-in-force or for performance or other reasons. Obviously, the major...more

5/23/2014 - Corporate Counsel EEOC Employer Liability Issues Hiring & Firing Severance Agreements Termination

As Summer Hiring Season Approaches, Employers Should Be Aware of Wage Payment Rules for Interns

Continued sluggishness in some sectors of our economy has left many students and recent college graduates without jobs and willing to consider working as unpaid “interns” in order to gain experience and connections in...more

5/16/2014 - Corporate Counsel Employee Rights Hiring & Firing Internships Unpaid Interns Wage and Hour

The Whistle Blower Provisions of Sarbanes-Oxley Extends to Employees of Privately Held Companies Under Some Circumstances

In a decision that expands considerably the number of employees covered by the whistle-blower provisions of the Sarbanes-Oxley Act, the United States Supreme Court ruled earlier this month in Lawson v. FMR LLC that two former...more

5/9/2014 - Employer Liability Issues Lawson v FMR Privately Held Corporations Retaliation Sarbanes-Oxley Securities Fraud Whistleblower Protection Enhancement Act Whistleblowers

Are Your Wage Statements Compliant Under Labor Code Section 226?

The California Labor Code is full of potential penalties for the unwary employer. The penalties arguably exist to ensure compliance by unscrupulous employers but often the penalties result in a windfall to employees for an...more

5/9/2014 - Employer Liability Issues Employer Mandates Labor Code Labor Commissioners Penalties Section 226 Wage and Hour Wage Statements

The California Supreme Court Agrees To Answer Questions Regarding California's Suitable Seating Requirement

Most of the California Wage Orders require an employer to prove “suitable seats when the nature of the work reasonably permits the use of seats.” While the “suitable seat” requirement has been in the Wage Orders for many...more

5/9/2014 - Employee Rights Employer Liability Issues PAGA Suitable Seats Lawsuits Wage Orders

Can An Employer Ban Negativity In The Workplace? Not According To The NLRB

Over the last few years we have written about the increasing relevance of the National Labor Relations Board (“NLRB”) for non-union employers. Earlier this month, the NLRB issued two more opinions that are directly...more

5/8/2014 - Courtesy Policy Employee Handbooks Hills and Dales NLRB Section 7

New Bay Area Commuter Benefits Program Imposes Obligations on Employers

The California Legislature enacted the Bay Area Commuter Benefits Program in 2012 to require certain employers to provide financial incentives to employees to commute to and from work via some means other than driving alone. ...more

5/8/2014 - Commuter Tax Benefits Employee Benefits Payroll Taxes Subsidies

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