Medical Certification Important for Workers’ Comp Claim Absences
We have an employee with an active workers’ compensation claim. We agreed with the employee that he would work a normal 40-hour-per-week schedule with...
How to Track Family Leave When Workweek Includes a Holiday
We have an employee that is currently on California Family Rights Act (CFRA)/Family and Medical Leave Act (FMLA) leave and will be using leave...
Employers Must Explore Reasonable Accommodations for Religion
Religion is one of just two protected classes under California’s Fair Employment and Housing Act (FEHA) — disability is the other — that requires...
No Pay Secrecy; Bona Fide Factors OK to Justify Pay Differences
We recently gave only one of our employees a merit-based raise after an excellent performance review and asked that employee not to tell others....
California Supreme Court Agrees to Hear Timekeeping Rounding Case
The California Supreme Court has agreed to review a California Court of Appeal decision on a case involving timekeeping rounding policies.
On February 1, the...
Rest Breaks: Ways to Prove Employees Receive Duty-Free Time
Recently, an employee complained to management that they were not receiving rest breaks. Because the breaks are paid, the employees do not clock out...
Ninth Circuit Panel to Rehear Arguments on California’s Mandatory Arbitration Ban
A Ninth Circuit Court of Appeals panel has voted to withdraw its original ruling on California arbitration agreements in employment and rehear arguments on...
Applicant with Criminal History? Follow Process Before Revoking Offer
We ran a criminal background check on a prospective new employee and the check revealed some criminal history. Can we choose to revoke the...
A Look at Drug Testing, Privacy Rights and Last Chance Agreements
My employee provided a doctor’s note for recent time off that included information that he was out due to “cocaine poisoning.” With this information,...
Cal/OSHA Revises COVID-19 Emergency Temporary Standards (ETS) for Third Time
On April 21, 2022, the Occupational Safety and Health Standards Board (OSHSB) approved a third readoption of the California Division of Occupational Safety and...
Harassment Outside of Work? Employer Still Must Respond to Complaint
One of my supervisors just reported to me that they received complaints about harassment from a coworker but did not report them to us...
Child Care Issues Can Prompt Move to Create Alternative Schedule
My hourly employee asked for a flexible schedule where she would work four 10-hour days instead of five eight-hour days due to child care...
Minimum Wage Hikes Effective January 1 Include Local Rate Increases
I just heard West Hollywood passed a local minimum wage ordinance. How do local minimum wage ordinances interact with the statewide minimum wage and...
Key Considerations for Employers Returning Their Employees to the Workplace
Many employers in California are in the process of returning their employees to the workplace on either a full-time or part-time basis. For some...
Applicant’s Workers’ Comp Claim History Can’t Be Used for Screening
We work in an industry that is at a higher risk for workplace injury. In an effort to keep our workers’ compensation costs lower,...
Clearing Confusion About Current COVID-19 Workplace Safety Rules
Each day I see new reports on what the requirements are for wearing masks at work. How do I figure out what my company...
Employers Not Required to Provide Holiday Pay for Federal Holidays
Now that Juneteenth (June 19) has become a federal holiday, are we required to provide holiday pay to our employees for that day?
When President...
