Friday, October 19, 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

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...

Minimum Pay Requirements If Employees Sent Home Early

Can I send employees home early if there is not enough work or for disciplinary reasons? If I can, should I just pay them...

Employers May Cap PTO Accrual If Reasonable Time Frame Given

Our company provides a paid time off (PTO) policy to meet the paid sick leave requirement. The company plans to cap the PTO accrual...

Make Sure Grooming Standards Consider Job Needs, Protected Practice

Our receptionist came in after the holiday weekend with “crazy hair.” She dyed it bright pink—it isn’t remotely a natural color. Can we ask...

Obtaining Information on Minors Subject to Special Restrictions

Can we do a background check on a minor? A background check may involve different issues, so it is important to know who you are...

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...

Some Parts of New Federal Overtime Rule Don’t Apply in California

Can California employers count bonuses and commissions toward the new federal salary requirement? Can employees in California be classified as exempt under the “highly...

Severance Pay Doesn’t Disqualify Workers from Unemployment Benefits

Why was my former employee granted unemployment insurance benefits when I am already paying her full wages for the next six months as severance...

Premium Pay Applies Just Once Daily Per Missed Break/Meal

Please explain how the meal and rest break premiums are paid. When an employer fails to provide two rest breaks and two meal breaks...

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...

Rest Breaks May Not Be Combined Except in Limited Circumstances

My employees all work an 8-hour day. It’s my understanding that when an employee works an 8-hour day, he or she is entitled to...

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...

State Expands Protections for Assistive/Support Animals in Workplace

My employee asked to bring his rat with him to work. He says the rat is a “support animal” that helps him deal with...

GPS Tracking of Employees Raises Privacy, Penal Code Questions

Am I legally permitted to track the location of my employees using a GPS device on a cellphone or vehicle? Monitoring employees through a GPS...

Policy Determines Vacation Accrual During Probationary Period

If an employee is terminated before completing a 90-day probationary period, do we have to pay accrued vacation? Yes, in most instances you are required...

Recording Conversation Requires Permission of All Parties

My employee wants to use her cell phone to privately record a conversation with another employee (without her knowledge). Can she do this? The answer...

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...