Thursday, July 18, 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

Terminating Employee Who Has Given Two Weeks’ Notice

My employee gave two weeks’ notice that she is quitting, but I want to end her employment today. Will that turn her quit into...

Minimum Pay Requirements If Employees Sent Home Early

Can I send employees home early if there is not enough work or for disciplinary reasons? If I can, should I just pay them...

Rules for Pay During Suspension of Nonexempt Employee

What are the rules for paying a nonexempt employee during a suspension? A nonexempt employee may be suspended without pay. This is true whether the...

Steps to Consider When Employee Leaves Behind Personal Belongings

My employee quit without notice and left behind in her office some framed family photos and a few large pieces of artwork. What should...

How to Pay Injured Employee for Medical Treatment Time

One of my employees got hurt at work during regular hours, and we sent him to the doctor for treatment. He didn’t finish getting...

How to Calculate Accrued Vacation Due When Employment Ends

I know accrued vacation has to be paid out at termination, but is there a formula to calculate exactly how much is owed? Vacation...

School Activities Leave Now Includes Child Care Provider Provision

Do I have to provide time off work to an employee who wants to go on their child’s class field trip if I already...

Only Qualified Representative Can Complete Form I-9 for Remote Hires

My office is located in San Francisco and I am hiring an employee who will work remotely in San Diego. Can I contract with...

Pregnancy Disability Leave: Returning Employee Has Right to Same Job

Do I have to give an employee her job back after her return from maternity leave? California law requires employers of five or more to...

California Law Requires Employers to Pay Employees’ Expense Claims

Can we have a policy that employees’ expense claims must be turned in by a certain time period, and if the employee doesn’t meet...

Guns at Work: California Law Differs from Many States

My employee has a concealed carry permit and wants to bring his gun to work. He says if I don’t allow it in the...

GPS Tracking of Employees Raises Privacy, Penal Code Questions

Am I legally permitted to track the location of my employees using a GPS device on a cellphone or vehicle? Monitoring employees through a GPS...

Employers May Cap PTO Accrual If Reasonable Time Frame Given

Our company provides a paid time off (PTO) policy to meet the paid sick leave requirement. The company plans to cap the PTO accrual...

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...

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...

Handling Vacation Deductions for Exempt Employee’s Part-Day Absence

Is a deduction from an exempt employee’s vacation bank for a partial day’s absence limited to increments of four or more hours? No! In 2005,...

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...