Wednesday, September 22, 2021
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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

Applicant’s Workers’ Comp Claim History Can’t Be Used for Screening

We work in an industry that is at a higher risk for workplace injury. In an effort to keep our workers’ compensation costs lower,...

Who Pays Cost of Employee COVID Testing or Vaccination?

If I require an employee to go get a COVID test, or to be vaccinated, who pays the costs of testing or vaccination? Do...

Interactive Process Key to Accommodating Employee with Disability

We have a new hire who, after being hired, disclosed a physical disability. She indicated that we need to accommodate her, and I have...

Clearing Confusion About Current COVID-19 Workplace Safety Rules

Each day I see new reports on what the requirements are for wearing masks at work. How do I figure out what my company...

What to Do When Employee’s I-9 Work Authorization Document Expired

Can an employee work beyond the expiration date of a work authorization document? The answer to the question depends on whether the right to work...

Employers Not Required to Provide Holiday Pay for Federal Holidays

Now that Juneteenth (June 19) has become a federal holiday, are we required to provide holiday pay to our employees for that day? When President...

Don’t Deny Vacation Due to Recent Use of COVID Sick Leave

My employee used most of her COVID-19 Supplemental Paid Sick Leave over the last couple of weeks. Now she wants to take a week’s...

Many Factors to Consider When Employee Asks for More Leave Time

Our employee has used up all of her federal Family and Medical Leave Act (FMLA) leave, but called today to request an extension of...

Court Ruling on CalSavers Means Employers of 50> Face Deadline

What is the status of the legal challenge to the CalSavers program? Do employers still need to register? The Howard Jarvis Taxpayers Association (HJTA) and...

How to Handle a California Pregnancy Disability Accommodation

Do I have to continue to accommodate a pregnant employee who continues to be late or absent from work when she has used up...

Retroactive COVID Paid Sick Leave Due When Employee Requests It

I have a business with approximately 40 employees, and I just read something that said California passed a law making COVID sick leave retroactive...

What to Do When an Employee Complains About ‘Discrimination’

An employee complained to me that a co-worker frequently yells at the employee for parking in the wrong spot and says that the co-worker...

Premium Pay Penalty Due When Employee Given Late Meal Break

Yesterday our store was very busy, so I could not let my employee leave for a meal break until very late in the day....

On-Site Drug Testing: Remember to Support Need, Confidentiality

We’ve been bringing our employees back into the office, and pursuant to our “reasonable suspicion” drug testing, would like to conduct in-house drug testing....

Steps to Take for Safely Returning Employees to the Workplace

What COVID-19 safety measures do employers need to have in place before bringing employees back to the worksite from remote work? Employers who are bringing...

California Family Rights Act Leave Raises Issues and Questions

My employee has used her Family and Medical Leave Act (FMLA)/California Family Rights Act (CFRA) time last year to care for her mother. Now...

Steps to Consider When Employee Telecommutes from Another State

As a result of COVID-19, we’ve had a lot of employees working remotely, but now some of them are planning to move out of...