Monday, October 22, 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

New Paid Sick Leave Law Requires More than Kin Care

I am confused about my obligations under kin care. How do they relate to the new sick leave law? The new state paid sick leave...

Many Factors to Consider When Employing Unpaid Volunteers

Can a for-profit business make use of unpaid volunteers? It is highly unlikely that a for-profit business can make use of unpaid volunteers; the organization...

Scheduling to Accommodate Religious Beliefs: Factors to Consider

My employee just asked to be removed from the schedule for Sundays so she can attend church, and requested to work Saturdays instead. Could...

Many Health Care Providers Can Give Medical Certification of Disability

One of my employees asked to have his work station modified to accommodate a disability of which we were not aware. When we asked...

Visible Tattoos, Other Dress Code Issues Arise in Warmer Weather

We have a strict no visible tattoos policy as we work with a very conservative population. We hired a new employee recently, and when...

Temporary Driver License Acceptable List B Document for Form I-9

Can an employer accept a temporary driver license as a document for Form I-9 purposes? Yes, according to the U.S. Citizen and Immigration Services (USCIS)...

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...

Terminating Employee Who Has Given Two Weeks’ Notice

My employee gave two weeks’ notice that she is quitting, but I want to end her employment today. Will that turn her quit into...

Employers May Be Liable for Negligent Referrals on Ex-Employees

I got a reference request on an employee who we terminated a month ago. The employee left on bad terms and this potential employer...

Time Off to Care for Healthy Child Not Covered Under Family Leave Act

My company has more than 50 employees, and one of the employees, who is Family Medical Leave Act (FMLA)/California Family Rights Act (CFRA) eligible,...

Correcting Underpayment in Paychecks ASAP May Limit Penalties

Due to an error with our payroll system, one of our employees was accidentally underpaid on the last payday. How can we correct this?...

Alternative Workweek Hours May Start 30 Days After Announcement

Is the 30-day delay from the date of an alternative workweek vote to the institution of the schedule mandatory? Yes, as far as an employer...

Employers May Incur Sizable Penalties for Incorrect Payday Practices

Our pay periods run from the 11th to the 25th, with the payday being on the 5th of the next month; and from the...

Progressive Discipline Best Remedy for Workplace Cellphone Abuse

We are having problems with employees taking long rest breaks. These employees take their cellphones and go to the restroom for long periods of...

Supervisor Harassment Prevention Training Must Cover Abusive Conduct

What are the new requirements for “abusive conduct” training, also referred to as anti-bullying, and do we have to train all employees? As of January...
Labor Law Corner, Erika Frank

Updates Mandated in 2015 to California Employment Posters, Pamphlets

Are there 2015 poster and pamphlet updates I should know about? Yes. The paid sick leave law signed by the Governor on September 10, 2014, contains...

New Legal Name/Social Security Number Not Good Cause for Firing

What do I do about an employee who comes to me with a new name and a new Social Security number? Can I terminate...