Friday, September 21, 2018

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...

Request to ‘Cash Out’ Unused Sick Leave Raises Questions for Employer

Last July 1, my company gave all of our employees 24 hours of sick leave in a lump sum in order to comply with...

Varied Uses of Paid Sick Leave Available Upon Employee Request

How can employees use California’s mandatory paid sick leave (PSL)? Under the Healthy Families, Healthy Workplace Act, California employers are required to allow employees who...

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...

New Laws to Expand Ban on Smoking in Workplace in June

What is the law in California about smoking in the workplace? California employers may not knowingly or intentionally permit the smoking of tobacco products at...

Safety/Health Recordkeeping Mandates Change for Some Industries

The federal Occupational Safety and Health Administration (OSHA) has revised the industrial classification index relating to partially exempt and nonexempt industries for recordkeeping purposes....

How to Use Pregnancy Leave in Conjunction with Other Leave Laws

How can we accommodate an employee’s request for additional time off to care for her son when she has just returned from pregnancy disability...

Time Off to Attend Funeral Not Eligible for State/Federal Family Leave

I operate a business with close to 100 employees, and one of my long-term employees recently informed me that his mother passed away, and...

Timelines for Presenting Final Paycheck, Handling Unclaimed Wages

When is a final paycheck due, and what if the employee never picks up the final pay? All wages and accrued vacation or paid time...