Thursday, November 15, 2018

Tips Left for Employees Must Be Paid Out by Next Regular Payday

I own a restaurant and most of the payments for the meals and tips are paid by credit card. To make it easier on...

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...

How to Use Pregnancy Leave in Conjunction with Other Leave Laws

How can we accommodate an employee’s request for additional time off to care for her son when she has just returned from pregnancy disability...

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,...

Progressive Discipline Best Remedy for Workplace Cellphone Abuse

We are having problems with employees taking long rest breaks. These employees take their cellphones and go to the restroom for long periods of...

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...

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...

State Expands Protections for Assistive/Support Animals in Workplace

My employee asked to bring his rat with him to work. He says the rat is a “support animal” that helps him deal with...

New Rule Targets Workplace Violence Prevention in Health Care

The Division of Occupational Safety and Health (Cal/OSHA) has developed a regulation addressing workplace violence protection in health care. I am the HR director...

State Law Grants Registered Domestic Partners Right to Protected Leave

My employee wants to take time off to take care of his ill, longtime live-in girlfriend. I know there are laws that allow time...

Time Off to Attend Funeral Not Eligible for State/Federal Family Leave

I operate a business with close to 100 employees, and one of my long-term employees recently informed me that his mother passed away, 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...

Employers May Be Liable for Negligent Referrals on Ex-Employees

I got a reference request on an employee who we terminated a month ago. The employee left on bad terms and this potential employer...

Correcting Underpayment in Paychecks ASAP May Limit Penalties

Due to an error with our payroll system, one of our employees was accidentally underpaid on the last payday. How can we correct this?...

Holiday Pay for Exempt Employees Depends on Employer’s Policy

Does an exempt employee have to be paid for a holiday for which the employer closes? Perhaps. California law does not require an employer to pay...

Options to Consider When Employee Rescinds a Resignation

Our employee gave notice yesterday that he is quitting effective two weeks from now. Today, he indicated he wants to stay after all, but...

Anti-Discrimination Section in Paid Sick Leave Law Can Affect Policies

My company has had a policy for years that requires employees to work the day before and the day after a holiday in order...