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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

California Laws Generally Apply Only within Borders of State

Since the pandemic, my company has been allowing employees to work from home. Without informing our human resources department, several of these employees have...

Steps to Take When Audit Reveals Errors in Completed I-9 Form

I am planning to audit our completed I-9 forms. What do I do if I find errors? Good for you! It is a best practice...

Medical Documentation Requirements for Disability Leaves

If an employee requests a leave of absence as an accommodation under the Americans with Disabilities Act, can I require medical documentation from their...

Moonlighting OK, But Not Job Performance/Attendance Issues

Can California employers require employees to submit written notification/disclosure that they have a second job? California is very protective of employees who engage in “lawful...

A Look at Drug Testing, Privacy Rights and Last Chance Agreements

My employee provided a doctor’s note for recent time off that included information that he was out due to “cocaine poisoning.” With this information,...
Labor Law Corner Lisa Guzman HR Adviser

Unlawful to Deduct an Outstanding Loan from Employee’s Final Pay

What can an employer do when an employee leaves a company but has an outstanding loan owed to the company? Can the amount of...

Final Wages to Fired Employee Should Include Reporting Time Pay

Late during the shift one afternoon, I discovered one of the employees had been stealing from the company. I immediately sent him home. When...

Review Expense Reimbursement Policies for Relevance to Remote Work

When the pandemic started, we sent many of our employees home to work remotely. Should we have a policy regarding reimbursement of their expenses? The...

Avoid Surprises by Checking in with Employee During Family Leave

Is there any requirement to notify an employee in writing when their federal and/or state family leave is ending? Employers are not required to provide...

Mental Stress Leave: Time with Employer Among Eligibility Factors

During the past two years, we’ve had several employees claiming they are dealing with depression and anxiety/stress. Can they file for leave under the...

Harassment Outside of Work? Employer Still Must Respond to Complaint

One of my supervisors just reported to me that they received complaints about harassment from a coworker but did not report them to us...

Absence Due to Workers’ Comp Injury May Qualify for Family Leave

I have an employee who was injured at work, and his doctor put him on leave for the next three months. The employee filed...

What to Do When Employee Video Records Workplace Accident

An employee used his mobile phone to film a co-worker lying in a pool of blood shortly after a workplace accident. This employee then...

Lower Base Period Wages Can Affect Expected Disability Benefits

A fairly new employee is out on a medical leave and receiving state disability insurance, but the weekly benefit she’s getting is far less...

Things to Consider When Deciding on Disability Leave Extension

We have an employee who has been out on disability for almost a year, but we can’t let him go because he’s on disability....

Child Care Issues Can Prompt Move to Create Alternative Schedule

My hourly employee asked for a flexible schedule where she would work four 10-hour days instead of five eight-hour days due to child care...

Steps to Take When Employee Tests Positive for COVID-19

What am I required to do when an employee tests positive for COVID? • Notify employees and employers of subcontracted employees who were on the...