Tuesday, January 22, 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

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...

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...

Overtime Exemption for Inside Sales Employees Not Like Others

Our exempt inside sales employees make a salary plus commission. Do the salary deduction limitations for exempt employees apply to these employees? No, the salary...

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...

Opinions Can Differ on What’s a ‘Reasonable’ Cost for Work Shoes

My company is in the manufacturing industry, and due to the nature of the business, our employees are required to wear safety shoes at...

Surrogate Pregnancy: Same Protections, Leave Rights Generally Apply

One of my employees is a gestational surrogate. What leave laws would apply to her? A gestational surrogate is someone who carries a pregnancy and...

Answers to Common State Disability Insurance Questions

How long can an employee collect State Disability Insurance (SDI)? Will SDI benefits be reduced if an employee collects sick, vacation or Paid Time...

Options for Paying Outside Salesperson Include Hourly or Salary Basis

I usually see information about paying outside salespeople commission payments. Is it OK to pay a salary and follow the minimum salary rules for...

Smelly Smoker Can Be Cause for Discipline, But Remember Other Rights

Our employee is a smoker and comes in from breaks reeking of cigarette smoke. What can I do? Also, can I ask applicants if...

Does School Activities Leave Law Include High School Graduation?

Do I have to allow my employee to attend her grandson’s high school graduation? We approved her request 2 months ago but now we...

Workers’ Comp Doctor Not Final Say on Employee’s Condition

One of my employees has been out on a leave of absence due to a work-related injury for almost a year now. My workers’...

Caveats on Deducting from Exempt Employee’s Salary for Sick Time

An exempt employee has missed two days of work this week because she was sick, but she has used all her sick leave. Can...

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...