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Douglas M Larsen

Douglas Larsen’s Legal Guides

39 total

  • Employees Must Be Paid for Waiting in a Security Checkpoint Line

    The Ninth Circuit recently held, in Busk v. Integrity Staffing Solutions CITE, that the time workers spend passing through security checkpoints after work may be compensable. Security checkpoints are often used by employers who manufacture or transport goods that can be easily s...

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  • Do You Pay a Piece-Rate or for Flagged Hours? Employer Beware!

    On April 2, 2013 the California Court of Appeal published its decision in Gonzalez v. Downtown LA Motors, LP, 2013WL 1316514.The decision will have a wide-reaching and substantial financial effect on automobile repair facilities that pay employees on a flagged hour basis. This de...

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  • Calculating the Regular Rate of Pay with a Bonus or Commission for Overtime

    I have had several clients ask questions related to bonuses and commissions during the past few weeks. The goal for each employer was to provide a meaningful incentive program to employees, and allow them to benefit from their diligent service. However, in every situation but one...

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  • Sometimes an Employer Should Fight Rather than Settle a Lawsuit

    I encourage employers to avoid litigation. Much of my practice is devoted to training employers on lawful employment practices. It creates a better workplace. And it cuts down on litigation. When disputes arise, an employer should consider settlement. It can help heal the workpla...

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  • The Perils of PEO's and Similar Organizations

    Frank Huljev of Palm Medical Group sent me an interesting article on the health and safety risks of using a contingent workforce to perform dangerous jobs. The article is based on a study conducted by the Center for Progressive Reform. In spite of the dubious name of this organiz...

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  • Suitable Seating -- Another Stupid California Law

    Did you know that the California wage orders contains a provision entitled "Seats"? Have you ever bothered to read it? Whether or not you have, lawyers have and they think they can make a lot of money on the suitable seating requirement. The provision reads: "All working employe...

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  • Flatulence and Body Odor in the Workplace

    The Smoking Gun reported on a Social Security Administration ("SSA") worker in Baltimore who was reprimanded for passing gas in his cubicle. Apparently this is conduct unbecoming of a federal officer. (Really, and yet cheating on taxes, lying, and promiscuous activity among elect...

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  • The Price IS Right for Brandi Cochran --Pregnancy Disability Discrimination in California

    The media is reporting that a jury awarded Brandi Cochran $8.5 million for pregnancy discrimination related to her position with the TV show, "The Price is Right." $601,944 was for lost wages and future earnings. I suspect an additional amount was awarded for emotional distress. ...

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  • Shoes, Women and Workers' Compensation

    My closet contains four pairs of shoes. I have two pair for work (black and brown), one for casual events, and a pair of tennis shoes. In contrast, my wife has lots of shoes. So do my daughters. Women love shoes! It's all good. As it turns out shoes often reveal the true charact...

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  • California Exemptions for Computer Software Professionals & Physicians Paid on an Hourly Basis

    When it comes to wage and hour law, most employees are eligible for overtime compensation. However, some employees are "exempt" from accruing overtime pay. We generally think of employees who are professionals, managers or administrators paid a salary. There are other exemptions...

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