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Company can’t dodge liquidated damages by leaving FLSA compliance to PEO

October 4th, 2019

By Lisa Milam, J.D.
The employer argued it wasn’t liable for liquidated damages because it had contracted with a PEO to deal with “payroll and employee administrative obligations” and “didn’t think anything else about it,” an admission that conceded negligence.
A wireless company that failed to pay overtime to workers hired to drill holes and lay fiber [Read more...]

Submarine design specialist’s delusional behavior was security risk, adverse actions weren’t religious discrimination

October 4th, 2019

By Harold S. Berman J.D.
The employee was suspended and then ordered to undergo psychotherapy after displaying paranoid and delusional behavior and could not claim religious discrimination; the employer was solely concerned about the security risk she posed.
A design specialist for U.S. Navy submarines who claimed she was being targeted by radio frequencies could not claim [Read more...]

California governor signs measure allowing paid student-athlete endorsements, heightening conflict with NCAA

October 4th, 2019

By Thomas Long, J.D.
The measure—which was opposed by the NCAA—will allow student athletes to be paid for endorsements without being barred from competition or losing scholarships.
California Governor Gavin Newsom on September 30 signed legislation that allows student athletes to earn income from commercial exploitation of their names, images, and likenesses. The Fair Pay to Play [Read more...]

McDonald’s not a joint employer of franchisee employees, not liable in Labor Code class action

October 3rd, 2019

By Lisa Milam, J.D.
The corporate entities did not exercise direct control over the employees or “suffer or permit” them to work. Nor was McDonald’s liable for the franchisee’s alleged wage-hour violations under an ostensible agency theory.
McDonald’s Corp. is not a joint employer of a California franchisee’s employees under any of the definitions set forth under [Read more...]

Employee’s ‘illegal alien’ status did not nullify settlement of overtime claims

October 3rd, 2019

By Marjorie Johnson, J.D.
The employer discovered that employee had provided a false social security number and argued that enforcement of the settlement would be tantamount to condoning violation of U.S. immigration laws, but “payment under the terms of the settlement to an undocumented worker neither condones nor continues a violation of immigration law.”
An employer could [Read more...]