eBriefs January 4, 2023

Employment While there is a general rule that in cases involving the imposition of a penalty by an administrative body, when it appears that some of the charges are not sustained by the evidence, the matter will be returned to the body for redetermination, a trial court erred by remanding a case for a city to reconsider the discipline imposed on a municipal employee who had been fired for misconduct where the employee’s actions demonstrate a lack of credibility, reliability, and trustworthiness which tended to cause discredit to fall upon the city and there was no real doubt the city would again terminate him on remand. Griego v. City of Barstow - filed Jan. 3, 2023, Second District, Div. Eight Cite as 2023 S.O.S. 52 Full text click here > Employment Where the terms of an employee’s incentive compensation plan expressly provide for the simultaneous payment of overtime compensation due on the monthly bonus by way of a percentage increase to his straight time and overtime earnings, these simultaneous payments satisfy in full the overtime provisions of the Fair Labor Standards Act. Lemm v. Ecolab - filed Jan. 3, 2023, Second District, Div. Five Cite as 2023 S.O.S. 56