What to Do When Pre-Job Test Shows Rehab Prescription Drug Use
We made a conditional offer of employment to an applicant subject to a pre-employment drug test. His test came back positive for Suboxone. He...
Don’t Discourage Employee’s Use of California/Federal Family Leave
One of our employees has notified us that he wants to use state/federal family leave in approximately two months when his baby is born....
Hours Worked, Not ‘Full-Time’ Label Key to Managing Benefits
What is the minimum number of hours an employee needs to work to be considered full-time?
California and federal law generally do not categorize the...
Meal Break Timing: OK to Provide Early in Work Shift
We have an employee who is scheduled to work an eight-hour shift and routinely clocks out for his meal break after working only two...
CFRA/FMLA Leave for Elective Surgeries
My employee is requesting CFRA/FMLA leave to have elective surgery. He is potentially eligible for leave because he has worked full-time for us for...
When Family Leave Time Ends, Other Protected Leaves May Apply
We have an employee who is currently on California Family Rights Act (CFRA) leave. She will exhaust this leave in one week. She has...
Exempt Employees Can Be Required to Work Specific Hours
Our company’s business hours are from 8 a.m. to 5 p.m., Monday through Friday. The payroll manager, who is classified as an exempt employee,...
Vacation Policy: Employer Has Latitude, But Beware of Illegal Impacts
Can we have different vacation policies for different worksites and for different groups in the same office?
Yes, California employers may establish different vacation policies...
Timing of Meal Breaks Can Avert Strict Liability for Violations
Our employees start work at 8 a.m. The owner of the company requires that meal breaks start at 1 p.m. While I have told...
Private Employers Can Choose Whether to Observe/Pay for State Holidays
California will have three new state holidays in 2023: Juneteenth, the Lunar New Year, and Genocide Remembrance Day. Are we required to give employees...
Employee Arrested While Off Duty? Proceed Cautiously; Gather Facts
One of our employees did not show up for work yesterday and failed to call or otherwise notify us of his absence. We have...
Steps to Take When Audit Reveals Errors in Completed I-9 Form
I am planning to audit our completed I-9 forms. What do I do if I find errors?
Good for you! It is a best practice...
Review Expense Reimbursement Policies for Relevance to Remote Work
When the pandemic started, we sent many of our employees home to work remotely. Should we have a policy regarding reimbursement of their expenses?
The...
What to Do When Employee Video Records Workplace Accident
An employee used his mobile phone to film a co-worker lying in a pool of blood shortly after a workplace accident. This employee then...