Tuesday, October 16, 2018

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

Key to Valid Alternative Schedule: How Workweek, Workday Are Set

Our company has established a 9/80 alternative workweek schedule, but the employees work 44 hours one week and 36 hours the next week. Everything...

‘Association Discrimination’ Claims Growing Area of Labor Law

My employee has asked for a different schedule due to his child’s disability. He needs to take the child to regular medical treatment. Do...

How Medical Appointments, Sick Leave, Make-Up Time Relate

What rights do employers have to approve time off work for doctor appointments, require make-up time and terminate an employee for excessive absences related...

Premium Pay on Holidays a Choice for Employers, Not a Requirement

Last month included Memorial Day, and I got a lot of questions from my employees about paying them extra for working on the holiday....

SF Bay Area Commuter Benefits Program Offers Compliance Options

What is the Bay Area Commuter Benefits Program and what does it require of employers? The Bay Area Commuter Benefits Program (Program) is a program...

Steps to Consider When Employee Leaves Behind Personal Belongings

My employee quit without notice and left behind in her office some framed family photos and a few large pieces of artwork. What should...

Local Ordinances Add Variety to Minimum Wage Requirements

We have employees working a few hours a week in multiple cities and counties. The hours vary so much that we decided to just...

Work with Employee on Reasonable Accommodation for Health Issue

Our employee is having seizures but continues to work and doesn’t ask for any accommodations; what are our obligations? First and foremost, the health and...

Restraining Orders Can Help Employers Maintain a Safe Workplace

We have an employee who is very frightened by another person’s behavior. What can we do? Any concern that an employee may raise in the...

Overtime Pay Still Applies to Work Meetings Scheduled in Advance

My employees normally work Monday through Friday, 8 hours a day, and all are paid hourly for their work. There have been some issues...

Employer Obligations When Employees Pump Breastmilk at Work

One of my employees recently had a baby and is asking for several breaks during the day to pump breastmilk. What do I need...

Rules for Pay During Suspension of Nonexempt Employee

What are the rules for paying a nonexempt employee during a suspension? A nonexempt employee may be suspended without pay. This is true whether the...

Paying Nonexempt Employees on Salary Basis Poses Risks for Employer

If I change a salaried exempt employee to salaried nonexempt, may that employee’s salary be less than the minimum threshold for a salaried exempt...

Paid Family Leave Optional for Employers with Fewer Than 50 Workers

My employee has come to me and asked to take Paid Family Leave to be with his new baby. He says he’s entitled to...

Best Practice to Have Written Waiver for Each Meal Break Skipped

I have a group of employees who always work a six-hour shift. They’ve told me that they don’t want to take their meal break...

Employer Parental Leave Obligations May Differ in San Francisco

Am I required to provide time off and pay an employee while he/she is on parental leave? There is a lot of confusion about what...

City Ordinances in LA, SF Limit Use of Criminal Background Checks

Are there any local laws that affect criminal background checks? Employers conducting criminal background checks in California are limited by state and federal law in...