Wednesday, November 14, 2018
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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

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...

Use Compensation for On-Call Duty When Figuring Regular Rate of Pay

When employees are on call, we pay wages for time spent on a call, plus $100 just for being on call. Is this $100...

Steps to Follow Before Terminating Underperforming Employee

We have a short-term employee we recently moved into a new position, but he just isn’t “getting it.” His manager wants to terminate him...

How to Analyze Time Off Options for Employee at Small Company

We are a small company of 29 employees. Do we have to provide time off work for an employee to care for her daughter? The...

Issues to Consider If You Cut Short a Quitting Employee’s Time at Work

An employee who has been something of a problem for the company came to me today, and stated that she was quitting. She told...