Sunday, October 20, 2019

Caveats on Deducting from Exempt Employee’s Salary for Sick Time

An exempt employee has missed two days of work this week because she was sick, but she has used all her sick leave. Can...

In California, All Time Worked Must Be Paid, Even If It’s Only Minutes

Our nonexempt employees answer texts and calls after-hours. Is this work time and how much time would we pay for a 5-minute call, for...

September 30 Deadline for Reporting EEO-1 Compensation Data

What is the EEO-1 Component 2 data and how do I know if I have to report? The EEO-1 annual compliance survey requires certain employers...

Court Says True Rest Break Means Giving Up Control of Employee

Can we require employees to remain on our premises during rest breaks? The answer to this question was much simpler before the California Supreme Court’s...

Rules for Pay During Suspension of Nonexempt Employee

What are the rules for paying a nonexempt employee during a suspension? A nonexempt employee may be suspended without pay. This is true whether the...

California Dramatically Increases Penalties for Violations

I saw that the penalties are increasing for Cal/OSHA violations. Can you clarify what these increases entail? In a budget trailer bill this year (SB...

Factors to Weigh When Employee Out on Disability for Extended Period

We are a small employer (22 employees). Our employee has been on disability for two months. I know we can’t terminate her while she’s...

Work with Employee on Reasonable Accommodation for Health Issue

Our employee is having seizures but continues to work and doesn’t ask for any accommodations; what are our obligations? First and foremost, the health and...

Biometric Timekeeping: Weigh Benefits Against Privacy Considerations

Are there any California laws or regulations that would prohibit using a biometric timekeeping system that uses a thumb print? There are definitely issues...

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...

Steps to Follow Before Terminating Underperforming Employee

We have a short-term employee we recently moved into a new position, but he just isn’t “getting it.” His manager wants to terminate him...

‘Association Discrimination’ Claims Growing Area of Labor Law

My employee has asked for a different schedule due to his child’s disability. He needs to take the child to regular medical treatment. Do...

Vacation Accrual During Leave Depends on Policy, Nature of Leave

Does the law require us to continue to accrue vacation for an employee while he/she is on a leave of absence? Whether an employee accrues...

Documenting Poor Performance Useful in Discrimination Claim Defense

We have a seasonal employee we have rehired every year for the past few years. He had a workers’ compensation claim last year but...

Calculating Sick Leave for Employee with Multiple Rates of Pay

How do I pay for sick leave under California’s new law when an employee has more than one rate of pay? Do I pay...

New Requirements for Paying Piece-Rate Employees for Rest Breaks

What are the requirements for compensating piece-rate paid employees for rest breaks and other nonproductive time? A number of recent California and federal cases regarding...

How to Calculate Rest Break Payment for Piece-Rate Workers

We pay our employees by piece rate. What is this I’m hearing about paying additional wages for the rest break? Is this true and...