Saturday, January 25, 2020

State/Local Laws Restrict Use of Information on Criminal Offenses

An applicant voluntarily disclosed that when he was a minor he had a felony conviction that has since been expunged. Can we refuse to...

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...

Minimum Pay Requirements If Employees Sent Home Early

Can I send employees home early if there is not enough work or for disciplinary reasons? If I can, should I just pay them...

Factors to Consider When Calculating ‘Regular Rate’ of Pay

How does the regular rate work? Once I calculate the regular rate, does it change the employee’s hourly rate? Do I have to calculate...

Temporary Driver License Acceptable List B Document for Form I-9

Can an employer accept a temporary driver license as a document for Form I-9 purposes? Yes, according to the U.S. Citizen and Immigration Services (USCIS)...

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...

Handling Vacation Deductions for Exempt Employee’s Part-Day Absence

Is a deduction from an exempt employee’s vacation bank for a partial day’s absence limited to increments of four or more hours? No! In 2005,...

How to Pay Employee Who Hasn’t Completed Tax Withholding Forms

If an employee quits after working only a day or two, and before completing a W-4 tax withholding form, can we just pay him...

City Ordinances in LA, SF Limit Use of Criminal Background Checks

Are there any local laws that affect criminal background checks? Employers conducting criminal background checks in California are limited by state and federal law in...

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...

Let Workers’ Compensation Insurer Check on Claim Validity

One of my employees came to me today and said his back was sore and that he hurt it while moving some equipment, so...

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...

When Can Worker Decline Family Medical Leave? Subject Untested

Our employee went out on workers’ compensation leave this week and will probably be gone a few months. Should we place him on family...

‘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...

Latest Regulation Packages Cover Skylights, Circular Saws and More

As the owner of a small manufacturing company, I would like to know if the Occupational Safety and Health Standards Board (Board) has adopted...

Redo of Rules for Fire Fighter Protective Clothing Inching Ahead

What is the status of the Division of Occupational Safety and Health (Cal/OSHA) Standards Board review and revision of the regulations for fire fighters’...

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....