Wednesday, March 20, 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

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...

Requests for Personnel Files, Payroll Records—Required Timing Differs

A former employee has asked for a copy of her personnel file and payroll records. Do I have to provide these to her? And...

Get Permission in Writing Before Posting Employee’s Photo Online

Can I choose to post photos of my employees on my company’s website and social media page? Do I need each employee’s consent first?...

Warnings to Employee with Bad Attitude Should Focus on Specifics

We would like to terminate an employee who has a bad attitude that rubs off on other employees. However, we haven’t given him any...

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...