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Wage and Hour Red Flags
Last month, we discussed the fact that many California employers, despite their best intentions, are frequently hit with costly wage and hour claims and lawsuits by their employees, as well as the Labor Commissioner's own enforcement agency. We discussed eight key points, the last of which was that generally, employees cannot agree to waive rights under the Labor Code. (Written settlement agreements purporting to give up such rights for less than full reimbursement are not legally enforceable.) We conclude herein with points 9 through 16.
9. Employer must pay for all known time worked at home, traveling or “off the clock.” As noted in Part One of this article, nonexempt employees cannot waive such wages, and employers who rely on employees' verbal statements giving up such wages do so at their peril. “Off-the-clock” work is often the subject of class action litigation and often results in significant liability. The best way to avoid such exposure is to have: 1) an accurate time-keeping policy; and 2) a written policy given to employees, which states that off-the-clock work is prohibited.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.