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    « Governor Threatens to Cut All State Workers to Minimum Wage Until Budget is Passed. | Main | DLSE Memo Instructs Enforcement of Brinker Holding »



    it's bizarre the speed Arnie and the top DLSE staff jumped on this (e.g., we've been waiting months for the federal DOL to define "qualifying exigency" for military servicemembers under the FMLA; where's the priority?). even the management lawyers (littler, etc.) are warning clients to be slow to adopt this likely-reviewed decision.

    i note potential mischief with the "no major fraction" rule, since it appears you can assign (and pay for) a 7:50 shift for non-exempts with only one paid rest break.

    previously, a 9-5:30 shift needed two paid rest periods (total 20 min paid) and one meal period (30 min unpaid), meaning eight hours wages for 7:40 worked (even though paid breaks are considered "hours worked"); the same would be true if you had a 7:50 shift (under the "old" major-fraction rule).

    now, however, you can do a 9-5:20 shift with one paid rest period (10 min paid) and one meal period (30 min unpaid), meaning seven-hours-fifty-minutes pay for 7:40 worked.

    basically, you get to send them home 10 minutes early, and they get an unpaid break on their commute. employers get a full day's work out of employees, but save 10 minutes' pay.

    no wonder they like it so much.

    Claudia Morehead

    Does anyone know if an employer can "dock" an exempt employee's pay if they are absent by reason of illness and they have exhaused their sick leave?

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