Comments for The Personnel Files http://thepersonnelfiles.com The latest developments in the law of the workplace, from the employment and labor lawyers at Zashin & Rich Co., L.P.A. Wed, 18 Jan 2012 15:46:06 +0000 hourly 1 http://wordpress.com/ Comment on California Court Rejects “Reporting Time” & “Split Shift” Claims by Michael Starosciak http://thepersonnelfiles.com/2012/01/06/california-court-rejects-reporting-time-split-shift-claims/#comment-87 Wed, 18 Jan 2012 15:46:06 +0000 http://zrhr.wordpress.com/2012/01/06/california-court-rejects-reporting-time-split-shift-claims#comment-87 Jason – I enjoyed your analysis of this case. I think another interesting portion of Aleman v. AirTouch Cellular revolved around the one employee who signed a release agreement in exchange for enhanced severance compensation. The employee argued that “her right to split shift and reporting time pay was undisputed, and so, as a matter of law, any release of these rights was ineffective.” The court rejected this argument, finding that there was a bona fide dispute as to her entitlement to any additional wages, and where such a dispute exists, an otherwise enforceable settlement agreement remains valid.

So, I would say this ruling also signals to employers that, when reaching agreements with employees that involve incentive award payments – payments which the employees would not have been owed – be sure to include extensive language releasing the employer from “any and all claims.”

In case you’re interested, I also wrote a blog post about this ruling: http://blog.datamaticsinc.com/2012/01/a-model-for-successfully-handling-reporting-time-and-split-shift-pay.html

]]> Comment on Supreme Court to Decide Whether Pharma. Sales Reps Are Covered by Outside Sales Exemption by Supreme Court to Hear Case on Scope of Outside Sales Exemption (and Hopefully Scope of DOL’s Power) http://thepersonnelfiles.com/2011/11/28/supreme-court-to-decide-whether-pharma-sales-reps-are-covered-by-outside-sales-exemption/#comment-59 Wed, 30 Nov 2011 15:54:47 +0000 http://zrhr.wordpress.com/?p=10170721997#comment-59 [...] Supreme Court to Decide Whether Pharma. Sales Reps Are Covered by Outside Sales Exemption – from ZR Workplace Law [...]

]]> Comment on California Court Affirms $160,000 Verdict in Sexual Harassment Lawsuit by sexual harassment lawyer http://thepersonnelfiles.com/2011/11/16/california-court-affirms-160000-verdict-in-sexual-harassment-lawsuit-2/#comment-80 Thu, 17 Nov 2011 10:13:29 +0000 http://zrhr.wordpress.com/2011/11/16/california-court-affirms-160000-verdict-in-sexual-harassment-lawsuit-2#comment-80 I can say that she was very courageous to do that.

]]> Comment on California Court Affirms $160,000 Verdict in Sexual Harassment Lawsuit by sexual harassment lawyer http://thepersonnelfiles.com/2011/11/16/california-court-affirms-160000-verdict-in-sexual-harassment-lawsuit/#comment-45 Thu, 17 Nov 2011 10:13:29 +0000 http://zrhr.wordpress.com/?p=10170721978#comment-45 I can say that she was very courageous to do that.

]]> Comment on Seattle to Require Employers to Offer Paid Sick Leave by Mandatory Leave for Employee-Victims of Domestic Violence and Sexual Assault? « ZRHR http://thepersonnelfiles.com/2011/10/13/seattle-to-require-employers-to-offer-paid-sick-leave/#comment-9 Mon, 17 Oct 2011 19:44:13 +0000 https://zrhr.wordpress.com/2011/10/13/seattle-to-require-employers-to-offer-paid-sick-leave/#comment-9 [...] a similar vein, the new Seattle paid sick leave law (which I blogged about last week) would also mandate leaves of absence for domestic violence victims–but Seattle’s leave [...]

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