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    « Compensable Time Under the FLSA | Main | Rehearing Denied in Gentry »


    James Peters

    The only question I still have about the decision is how these plans are administered for withholding/income tax purposes.

    I assume that the employer has to withhold from the amount of the “lump sum” in excess of actual expenses incurred each pay period, but if they’re not keeping track then how do they know what that amount is?

    The other side of the coin is if there is withholding on the full amount of the “lump sum” component, in which case the employee is getting cheated, since the difference is not “income,” so how can there be withholding for income, SDI, social security, etc. taxes?

    These are probably all rhetorical questions that will have to be worked out by the courts or DOR, but it is interesting how the Court glossed over this issue in Gattuso.

    My take on Gattuso:

    Keep up the good work!

    James Peters
    California Employee Rights Blog


    are employers now responsible for replacing employees’ cars stolen on business trips?

    formerly, the “mileage is good enough” theory covered the employee’s losses (as well as gas, oil, tires, belts, etc.) if a car was damaged or stolen while the employee was working. now, this opinion suggests that actual expenses of losses incurred while working must be paid, and mileage won’t cut it.

    so, how do you “apportion” a loss between business and personal use if the car is stolen on a business trip and at a location where the employee would never be on a personal trip? isn’t it all a “business loss” (as well as the employee’s nice leather jacket and iPhone that were on the front seat) that the employer must actually reimburse, under the Supreme Court’s opinion of 2802?

    scary, if so.

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