Gabrielle Wirth

Gabrielle Wirth

Dorsey & Whitney LLP

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QUIRKY QUESTION # 239, Employers Might Be Liable For Accidents During The Commute If They Require Employees To Use Their Vehicle...

Question: Our office manager occasionally runs errands during the day such as delivering something to a customer or picking up lunch for a meeting. We reimburse her at the IRS rate for mileage. Yesterday, on her way...more

8/12/2014 - Car Accident Commuting Employer Liability Issues

Quirky Question # 225, California Law Is Not Going to Pieces

We are located in California and would like to change to a piece-rate system where we pay non-exempt employees a set amount for completed tasks. I understand that this is referred to as paying for a “piece-rate” and it is...more

4/29/2014 - Minimum Wage Non-Exempt Employees Trucking Industry Wage and Hour

QUIRKY QUESTION # 224, The De Minimis Defense to Off the Clock Work Claims

We have an employee who is claiming that he should be paid for time cleaning up his work station after logging out of our electronic time keeping system each night. Literally, he spends one or two minutes straightening his...more

4/18/2014 - De Minimus Quantity Exemption Employer Liability Issues Employment Policies Starbucks Unpaid Wages Wages

Quirky Question # 222, Seats in the Workplace

We are a retail store. An employee in the warehouse requested an assigned chair to sit on when he is between tasks. Must we comply with this request in our California locations?...more

3/19/2014 - PAGA Suitable Seats Lawsuits Wage Orders

Quirky Question # 221, San Francisco Ordinance: Flexible Work Schedule

We have a part-time employee in San Francisco, CA who works Monday to Friday 9:00 a.m. to 1:00 p.m. as support for our sole salesperson in the Bay Area. She has recently requested to alter her schedule to work only 3 days a...more

2/28/2014 - Family-Friendly Workplace Ordinance Flexible Work Arrangements

Quirky Question #220, Independent Contractors

I have always understood that California employers that misclassify workers as independent contractors face potential liability, including compensatory damages, penalties and attorney’s fees. I recently heard a news broadcast...more

2/17/2014 - Employer Liability Issues Independent Contractors Professional Liability

Quirky Question #219, Is Unemployment Status a Protected Category?

Quirky Question: We recently interviewed an applicant with a very spotty resume; there were repeated gaps in his employment history which were apparent from his resume. He was not hired and called HR to complain that...more

2/14/2014 - Protected Class Unemployment

Montana Supreme Court Upholds Employers Right to Change Sick Leave Payout Policies

Employees at the Kalispell Regional Medical Center, upon being hired, signed a probationary employment contract that read, "Upon expiration of this Probationary Employment Contract, if the Employer and Employee elect to...more

2/3/2014 - Employee Handbooks Employer Liability Issues Employment Contract Sick Leave

Quirky Question #217, Bereavement Leave in Colorado and Oregon

An employee in our Corporate Office recently informed Human Resources that she was requesting bereavement leave with respect to her sister’s death last month. When she was informed of our company policy, that up to 3 days of...more

1/10/2014 - Bereavement Leave FMLA

Quirky Question #216, Use of a Photograph of a Former Employee

A junior member of our marketing department left to join a competitor. While she was with us, she created numerous marketing brochures with photographs of her demonstrating our product. We received a letter from the...more

1/10/2014 - Consent Employee Rights Photographs

Quirky Question # 215, Are Capped Vacation Plans Now Disfavored And Should My Company Switch To An Unlimited Vacation Plan?

We have a new CFO who is upset by the huge amount of accrued vacation we have to carry on the books. We have a cap of two times the annual accrual. He says most high tech companies like ours have unlimited vacation plans and...more

1/3/2014 - Accrued Benefits Compliance FMLA Unpaid Leave Vacation Leave

Quirky Question #213, Holiday Parties – Potential Sources of Liability

We are in the midst of preparing for our 2013 holiday party. We plan to schedule an evening event and intend to provide our employees and their guests with free food, entertainment, and alcohol; after all, we’ve worked hard...more

11/25/2013 - Employer Liability Issues Holiday Parties

Quirky Question #212, Montana Non-Competes

We are an accounting firm and recently fired an employee at will. We have always understood that Montana law disfavors non-competition agreements, therefore, our employment agreement provides that if the accountant provides...more

11/20/2013 - Accounting Employment Contract Non-Compete Agreements

Quirky Question #209, Obesity as a Disability under MT Law

We are in Montana and a very obese woman recently applied for a manager position. The position is more physical than most in that there is significant walking between facilities, and the candidate must climb ladders to view...more

10/1/2013 - Disability Disability Discrimination Hiring & Firing Obesity Reasonable Accommodation Undue Hardship

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