Southwest Edition Texas Oklahoma Louisiana New Mexico
32
YEARS
VOL. 32 ISSUE 2 FEBRUARY 2014
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Louisiana Court Holds that Paid Time Off Days are Considered Wages Under State Law An intermediate appeals court in Louisiana held that accrued and unused paid days off constituted earned wages for which compensation was due to a former employee upon separation under the Louisiana Wage Payment Act (“LWPA”). In Davis, the plaintiff resigned from her employment with the defendant and then brought suit demanding she be paid for the balance of her accrued but unused paid days off pursuant to the state law, specifically the LWPA’s requirement of prompt payment of earned wages upon an employee’s discharge or resignation. The statute pro-
vides that vacation pay becomes “earned wages” when an employee is “deemed eligible for and has accrued the right to take vacation time with pay” and “has not taken or been compensated for the vacation time as of the date of the discharge or resignation.” The Company argued that pursuant to its policy, paid days off did not constitute “vacation pay” because the accumulated paid days off are granted to employees, “in the nature of a mere gratuity”, and, thus, do not constitute “vacation” for purposes of See Paid Time Off in LA, Page 11
Shops Weather All Kinds of Winter Weather Disruptions but More Polar Vortex Coming? by Chasidy Rae Sisk
Projections for Late January
west and East and drought to build in California and the West. Impact from the another surge of very cold air may include the already familiar risks from below-zero temperatures including life-threatening conditions and frostSee More Polar Vortex?, Page 26
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P.O. BOX 1516, CARLSBAD, CA 92018
This January added another new meteorological term to collective vocabulary even though the phenomenon it describes has been known since 1853. January 2014 started off with a frigid slow-moving cyclone known as a polar vortex that wrought havoc throughout the midwest and eastern parts of the country with recordbreaking low temperatures and icy winds. Worse news perhaps is that the polar vortex will get stronger and move farther south later in January, causing cold to intensify in the Mid-
Industry Observations from Collision Attorney
ERICA EVERSMAN If you’ve been paying the least bit of attention to legal issues in the collision repair industry over the past decade, you probably know of Erica Eversman, an OH-based attorney and consumer advocate who specializes in understanding collision repairers’ issues and their impact on consumer safety. A noted authority and frequent speaker on the topics of diminished value, DRP networks and the influence insurers attempt to exert over repairers, Eversman serves as a consultant to the industry, assisting repairers to analyze proposed regulations and laws affecting collision repair. In addition to creating “AutoMuse”, an award-winning blog, she is chief counsel for Vehicle Information Services, Inc. and the founder of the Automotive Education and Policy Institute, a non-profit organization geared towards educating consumers. Though Eversman is obviously busy playing so many roles, she took time from her hectic schedule to talk to Autobody News readers about some of the major concerns plaguing the collision repair industry today. As a consumer advocate, Eversman stresses that consumer education is vital; “first and foremost, consumers are the people in charge of their vehicles, but if they don’t have the proper information, they can’t stand up for themselves. They are the only ones who can effect meaningful change because it is their vehicles and their contract with the insurance company.” Furthermore, collision repairers must comply with consumer protection laws, so they are the ones at risk of noncompliance when insurer interference promotes a situation where repairers are asked to do as the insurer requests, which is always focused on cost and saving money rather than on providing a quality repair. The shop can only do so much, and if the consumer doesn’t help, they are essentially saying that the repair is good enough, even if it’s not actually safe.
INTERVIEW by Chasidy Rae Sisk
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