• Bush Expands Family Medical Leave Act

    On January 28,2008, President Bush signed HR 4986, section 585, of the National Defense Authorization Act for FY 2008 into law. The new law amends the Family Medical Leave Act regarding injured members of the armed forces and is effective immediately.

    The National Defense Authorization Act (NDAA) allows an employee to take FMLA leave for “any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty or has been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation.”

    According to the Department of Labor, this provision of the NDAA is not effective until the Secretary of Labor issues final regulations defining “any qualifying exigency.”

    The Department of Labor is in the process of preparing the required regulations. In the meantime, employers are encouraged to provide leaves of absences to employees who need time off work due to a family members’ call to duty.

    The NDAA will likely be in addition to any rights an employee would have under California’s newly enacted AB 392 (see California Employers Must Allow Leave For Spouses of Armed Forces).

    The Law Office of Phillip J. Griego
    95 South Market Street, Suite 520
    San Jose, CA 95113
    Tel. 408-293-6341
     
    Original article by Robert E. Nuddleman, former associate of The Law Office of Phillip J. Griego.
     

    Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law, but we cannot answer questions about specific situations or provide legal advice. If you desire legal advice, you should contact an attorney.

    Your use of this blog does not create an attorney-client relationship between you and the Law Office of Phillip J. Griego. The use of the Internet or this blog for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be posted in this blog and the Law Office of Phillip J. Griego cannot guarantee the confidentiality of anything posted to this blog.

    Phillip J. Griego represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.

  • Employees Must Receive Federal Earned Tax Credit (EITC) Notice

    Effective January 1, 2008, California employers are required to notify their employees, either by hand or through the U.S. mail that the employees may be eligible for the Federal Earned Tax Credit (EITC). This notification must be given one week before, one week after, or at the same time that the employer provides a W-2 form, 1099 or similar wage statement.

    To comply, employers must mail directly to employee or hand the notice to the employee personally. It is no longer enough to post notice of the EITC tax credit on an employee bulletin board or sending notice through the office mail.

    Sample notices are available at the Internal Revenue Service website.

    The Law Office of Phillip J. Griego
    95 South Market Street, Suite 520
    San Jose, CA 95113
    Tel. 408-293-6341
     
    Original article by Robert E. Nuddleman, former associate of The Law Office of Phillip J. Griego.
     

    Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law, but we cannot answer questions about specific situations or provide legal advice. If you desire legal advice, you should contact an attorney.

    Your use of this blog does not create an attorney-client relationship between you and the Law Office of Phillip J. Griego. The use of the Internet or this blog for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be posted in this blog and the Law Office of Phillip J. Griego cannot guarantee the confidentiality of anything posted to this blog.

    Phillip J. Griego represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.

  • $5 Million Overtime Claim Filed by Labor Commissioner

    On December 19, 2007 the California Labor Commissioner filed an action against Excell Cleaning & Building Services, Inc., and MO Restaurant Cleaning of California, Inc., for allegedly failing to pay approximately 300 janitorial workers proper wages and engaging in unfair business practices. The complaint seeks damages exceeding $5 million. The State Attorney General has agreed to join the legal action with the Labor Commissioner.

    The legal action resulted from an investigation initiated by the Labor Commissioner in 2006. The investigation purportedly uncovered a failure provide meal and rest breaks, failure to pay employees all earned wages and overtime to which they were entitled. The investigation also revealed that employees were being misclassified as independent contractors to avoid paying nearly $250,000 in payroll taxes. This misclassification resulted in workers being paid less then minimum wage and not being paid overtime.

    The announcement of this litigation followed shortly after the Labor Commissioner issued a press release regarding the distribution of funds from a $2.7 million settlement agreement with Rady Children’s Hospital.

    The DLSE has recently increased its enforcement efforts. Employers should review their wage and hour practices to ensure compliance with recent changes to the law.

    Phillip J. Griego & Associates
    95 South Market Street, Suite 520
    San Jose, CA 95113
    Tel. 408-293-6341

    Original article by Robert E. Nuddleman, former associate of Phillip J. Griego & Associates

    Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law, but we cannot answer questions about specific situations or provide legal advice. If you desire legal advice, you should contact an attorney.

    Your use of this blog does not create an attorney-client relationship between you and Phillip J. Griego & Associates. The use of the Internet or this blog for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be posted in this blog and Phillip J. Griego & Associates cannot guarantee the confidentiality of anything posted to this blog.