Saturday, October 20, 2018
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Labor Law Corner

A recap of questions on labor, employment and human resources topics, answered by our Labor Law Helpline team of experienced professionals. Click here for more info on Labor Law Helpline

Calculating Sick Leave for Employee with Multiple Rates of Pay

How do I pay for sick leave under California’s new law when an employee has more than one rate of pay? Do I pay...

Different Policies for Different Departments Sometimes Acceptable

Our company wants to create different policies for different departments within the company, such as requiring professional business attire for our office employees but...

Employers Should Have Reasonable Suspicion for Drug Testing Workers

Can I drug test my employee who is acting strangely and not answering questions correctly? His behavior is very suspicious. Every California employer can require...

Calculating Baby Bonding Time When Parents Work for Same Employer

I have two employees who are unmarried, but who have had a child together. Both employees have been with my company (which has more...

Reason for Travel Determines Whether Travel Time Must Be Paid

Our hourly employees report to work at the office and then travel from one work location to another using their own car, and we...

Reasons to Run Consumer Background Check After Making Job Offer

Can we run a consumer background check on an applicant before making a job offer? We would like to screen out applicants before making...

National Medical Support Notice Requires Timely Response

I received a National Medical Support Notice for one of my employees. What is this notice and how do I respond? A National Medical Support...

How to Calculate Rest Break Payment for Piece-Rate Workers

We pay our employees by piece rate. What is this I’m hearing about paying additional wages for the rest break? Is this true and...

Pregnancy Disability Leave: Returning Employee Has Right to Same Job

Do I have to give an employee her job back after her return from maternity leave? California law requires employers of five or more to...

Paid Sick Leave Policy: What If I Want to Make Changes?

• We adopted the accrual method of paid sick leave and put that into effect last July and we now want to change to...

When Local Minimum Wage Affects Exempt Salary Requirement

Do the locally mandated minimum wage ordinances in cities like Oakland, San Diego, San Francisco and San Jose affect the minimum salary requirements for...

Sick Leave Accruals May Vary Based on Hours Worked

Will all employees earn three days or 24 hours of paid sick leave each year no matter how many or how few hours they...

How to Apply New Federal Overtime Rule to Outside Salespeople

Does the new federal salary requirement apply to our outside salespeople who receive a monthly salary? No. Neither federal nor California law require the payment...

Dress Codes Must Be Applied in Nondiscriminatory Manner

Can I have a separate dress code for men and women? For years our company has had a separate dress code for men and...

Payment Rules for Unused Paid Time Off Differ for Vacation, Sick Leave

Does an employer have to pay employees for unused paid time off? It depends upon what kind of paid time off it is. Employers may...

Surrogate Pregnancy: Same Protections, Leave Rights Generally Apply

One of my employees is a gestational surrogate. What leave laws would apply to her? A gestational surrogate is someone who carries a pregnancy and...

Answers to Common State Disability Insurance Questions

How long can an employee collect State Disability Insurance (SDI)? Will SDI benefits be reduced if an employee collects sick, vacation or Paid Time...