Tuesday, May 21, 2019
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Labor Law Corner

A recap of questions on labor, employment and human resources topics, answered by our Labor Law Helpline team of experienced professionals. Click here for more info on Labor Law Helpline

Retiree Who Returns for Specific Projects: Independent Contractor or Not?

One of my long-term employees recently retired, and would like to do some occasional work for us in her spare time. Can we hire...

When Dealing with Older Worker, Focus on Job Performance Concerns

Our employee is over 65 years old and he seems shaky physically; it is taking him longer and longer to get his job duties...

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...

California Law Prohibits Questions About Gender on Job Applications

Our job application asks applicants to state their gender. Is that allowed under California law? California law prohibits employers from asking, either directly or indirectly,...

Leave, Benefits May Be Available for Employees in Addiction Recovery

Do we need to give an employee protected time off to enter a residential facility for substance abuse recovery? Will she be eligible for...

Caring for Adult Child with Drug Addiction May Qualify for FMLA

My employee asked to take time off under the Family Medical Leave Act (FMLA) to care for her drug addicted son, who is well...

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...

Leave of Absence Options Available for New Dad in California

Our employee’s wife just had a baby and he is asking us if he can take time off work and how much he will...

Advance Scheduling, Meeting Duration Affect Reporting Time Pay

The employees of my store regularly work Monday through Friday. Every third Saturday of the month, I hold a staff meeting for all of...

Requests for Personnel Files, Payroll Records—Required Timing Differs

A former employee has asked for a copy of her personnel file and payroll records. Do I have to provide these to her? And...

Get Permission in Writing Before Posting Employee’s Photo Online

Can I choose to post photos of my employees on my company’s website and social media page? Do I need each employee’s consent first?...

Warnings to Employee with Bad Attitude Should Focus on Specifics

We would like to terminate an employee who has a bad attitude that rubs off on other employees. However, we haven’t given him any...

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...

Potential Family Leave Act Factors in Time Off for Grandchild’s Birth

My employee wants to take federal Family and Medical Leave Act (FMLA) leave when her daughter has a baby. Can I deny her request? Typically,...

How to Allow Employees to Take Vacation Before Accruing the Time

I want my employees to have 10 days of vacation each year, but I don’t want them to have to wait to use it...

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...

How Layoff Affects Disability Insurance, Paid Family Leave Benefits

I’m closing down a department in my company and laying off all the employees in that department. One of the employees is on pregnancy...