Posts from November 2019.
Unlimited Vacation Policies: Are They Right For Your Business?

I am frequently asked about the pros and cons of having an unlimited vacation policy. To begin, I do not think it works for every category of worker, nor does it work for every type of company. When it does work, it usually is applied only to executive or professional types of workers, and only then in an atmosphere where such workers are employed in situations where co-workers or clients depend on consistent performance, such that there is always pressure to perform and deliver services in a timely fashion. Workers who work autonomously for extended periods of time may not be as ...

Ask the Receiver: Using the Barton Rule or the Younger Doctrine to Dismiss Cases When Sued as Receiver

Q: I am a health and safety receiver appointed over property that had numerous code violations and was rat infested. The court ordered me to bring the property into the code compliance and, eventually, to sell the property to pay for the repairs and my fees. The owner has now sued the city and me in federal court alleging her civil rights were violated and to prevent me from selling the property. What is the best way to get rid of her federal lawsuit?

A: This seems to happen often in health and safety receivership cases. The defendants must be reading the same online posts. The normal method ...

California Court of Appeal Concludes Premium Wage Must Be Paid at the Base Hourly Rate

In Ferra v. Loews Hollywood Hotel, LLC, the California Court of Appeal considered the method for determining the amount of the one hour of pay at the employee’s “regular rate of compensation” for each workday in which an employer fails to provide a meal, rest or recovery period as required by Labor Code Section 226.7. In recent years, plaintiffs have argued in class actions that the method for determining the “regular rate of compensation” under 226.7 must be the same as that used for calculating the “regular rate of pay” for overtime purposes under Labor Code Section 510 ...


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