Thursday, September 19, 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

Required Use of Paid Vacation Instead of Unpaid Time Off Generally OK

My employee asked for a few days off for a vacation with her family, but wants to take it unpaid rather than using the...

In-Person Review of I-9 Documents Necessary for Remote Employee

We are hiring an employee out of state who will be living and working more than a thousand miles away. How do we handle...

Options to Consider When ‘Temp’ Employee Becomes Longer-Term

I hired a number of employees to work on a short-term project for me. I classified them as “temporary” and therefore not eligible for...

Driver License with Limiting Note OK to Establish Identity

A new employee gave me a current California driver license. On the front of the license there is a notation “FEDERAL LIMITS APPLY.” Can...

Request for Employment Records: Steps to Consider Before Responding

I received a document in the mail the other day from a law firm requesting a wide variety of employment records related to one...

July 1 Local Minimum Wage Hikes Don’t Change Exempt Salary Test

A local minimum wage applies to our nonexempt employees. When the minimum wage increases on July 1, does that mean the salary test for...

Part-Time Employees May Qualify as Exempt; 2-Part Test to Decide

Can I classify an employee who works only part-time as exempt? An employee’s exempt classification must be evaluated by the employee’s rate of pay and...

Laws Bar Employers from Denying Lactation Accommodation Requests

My employee is returning from pregnancy leave and has asked to have time off and a suitable place to express milk at work. We...

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...