SummaryWe have observed mutilative self-biting leading to multiple finger amputations in two patients following C4 complete spinal cord injury (SCI). Both men were of normal intelligence without psychosis and each had a neurotic personality and history of fingernail biting. They related the self-biting to anxiety and depression. We believe these to be the first English language reports of multiple finger amputations due to self-biting following SCI.
DOL) and the courts have issued a number of opinions and rulings that address whether employees in certain industries qualify for the professional, executive, administrative, or outside sales exemptions. These rulings should be of continued interest to employers in understanding the factors on which the courts and the administrative agencies rely in determining exempt status, so that employees occupying analogous or similar positions can be correctly classified. Proper treatment of employees as exempt or nonexempt has in fact become increasingly important for employers in today's fast-changing economy, in which new jobs are created every day that do not fall within the precise definitional parameters of the exemptions.Close attention also needs to be paid to this issue because of the ever-increasing numbers of wage and hour class action law suits across the land, the majority of which seek the recovery of unpaid overtime on behalf of allegedly "misclassified" employees. In addition, recent developments under California wage and hour law also highlight the dangers employers face if they fail to provide statutorily required meal and rest breaks to their employees, or fail to pay salaried employees all of the compensation owed to them at the end of their employment. Meal and Rest Period PremiumsUnder California law, employees are entitled to a 10-min rest period for every 4 hours of work or major fraction thereof, and a 30-min duty-free meal period after 5 hours of work.1 In 2001, the California legislature imposed a 1-hour-per-day premium to be paid at the employee's regular rate of pay for missed meal or rest periods. 2 In the recent case of Murphy v. Kenneth Cole Productions, the California Supreme Court was faced with the issue of whether these payments constituted "penalties" on the employer governed by a 1-year statute of limitations, or "wages" governed by the 3-year limitations period contained in Cal. Code of Civil Procedure §338(a).3The court concluded that the 1-hour-per-day premium was a wage and not a penalty, because it is measured by the employee's rate of pay and
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