Saturday, April 20, 2019

Employers Should Investigate Hostile Work Environment Claims

My employee came to me complaining of a “hostile work environment,” which appears to be a verbal situation, not one of sexual harassment. Am...

No Need to Reverify Expired Green Cards (Permanent Resident Cards)

In auditing our I-9 file, we found that an employee has an expired green card. Can we require that she provide a current card? No....

Best Practice to Have Written Waiver for Each Meal Break Skipped

I have a group of employees who always work a six-hour shift. They’ve told me that they don’t want to take their meal break...

State Meal/Rest Break Rules Include Limited, Industry-Specific Exceptions

  Are there any exceptions to California’s meal and rest break rules? As California employers know, employees in California are entitled to a 30-minute off-duty unpaid...

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...

Caution: Cap Rules for Paid Sick Leave, Paid Time Off Differ

We want to implement a combined vacation and sick leave paid time off (PTO) policy to meet the paid sick leave mandate. An employee...

Obtaining Information on Minors Subject to Special Restrictions

Can we do a background check on a minor? A background check may involve different issues, so it is important to know who you are...

Revised Rules Affect Steel/Concrete, Electrical Work and More

Can you provide a summary of occupational safety rules that went into effect over the last year that haven’t yet been included in a...

Leave Certifications for Lifetime Condition Differ in Federal, State Law

I have had an employee off work on a federal Family Medical Leave Act (FMLA)/California Family Rights Act (CFRA) leave. Her original certification noted...

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...

Some Parts of New Federal Overtime Rule Don’t Apply in California

Can California employers count bonuses and commissions toward the new federal salary requirement? Can employees in California be classified as exempt under the “highly...

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...

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...

Use Compensation for On-Call Duty When Figuring Regular Rate of Pay

When employees are on call, we pay wages for time spent on a call, plus $100 just for being on call. Is this $100...

Different Policies for Different Departments Sometimes Acceptable

Our company wants to create different policies for different departments within the company, such as requiring professional business attire for our office employees but...

New Parent Leave Act Applies to Employees Not Subject to FMLA/CFRA

How does the New Parent Leave Act interact with the federal Family Medical Leave Act/California Family Rights Act? Beginning January 1, 2018, California’s New Parent...

Only Qualified Representative Can Complete Form I-9 for Remote Hires

My office is located in San Francisco and I am hiring an employee who will work remotely in San Diego. Can I contract with...