Thursday, October 6, 2022
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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

Employee Arrested While Off Duty? Proceed Cautiously; Gather Facts

One of our employees did not show up for work yesterday and failed to call or otherwise notify us of his absence. We have...

Final Paycheck: Employee Pickup or Mail? Answers to FAQs

If an employee quits without giving any notice, I believe I have a window of time to prepare a final paycheck. Does the employee...

Applicant with Criminal History? Follow Process Before Revoking Offer

We ran a criminal background check on a prospective new employee and the check revealed some criminal history. Can we choose to revoke the...

Layoffs Involve Some Strict Rules with a Bit of Employer Discretion

Due to a number of reasons, we are going to have to lay off a few employees. I have heard that there are certain...
Sarah Woolston

Company BBQ: Factors to Consider Before Sending Invites to Employees

We are having an offsite company barbecue this summer. What should I consider before hosting this event? Employer-sponsored social events are a great way to...
Labor Law Corner Lisa Guzman HR Adviser

Personnel/Payroll Record Requests: Timely Response Important

An employee has asked for a copy of his personnel file and payroll records. What documents is the employee legally entitled to receive? Under California...

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...