Monday, November 23, 2020
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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

New Paid Sick Leave Law Requires More than Kin Care

I am confused about my obligations under kin care. How do they relate to the new sick leave law? The new state paid sick leave...

Work with Employee on Reasonable Accommodation for Health Issue

Our employee is having seizures but continues to work and doesn’t ask for any accommodations; what are our obligations? First and foremost, the health and...

State Expands Protections for Assistive/Support Animals in Workplace

My employee asked to bring his rat with him to work. He says the rat is a “support animal” that helps him deal with...

Timelines for Presenting Final Paycheck, Handling Unclaimed Wages

When is a final paycheck due, and what if the employee never picks up the final pay? All wages and accrued vacation or paid time...

Sick Leave Accruals May Vary Based on Hours Worked

Will all employees earn three days or 24 hours of paid sick leave each year no matter how many or how few hours they...

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...

Paying Nonexempt Employees on Salary Basis Poses Risks for Employer

If I change a salaried exempt employee to salaried nonexempt, may that employee’s salary be less than the minimum threshold for a salaried exempt...

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...

Calculating Sick Leave for Employee with Multiple Rates of Pay

How do I pay for sick leave under California’s new law when an employee has more than one rate of pay? Do I pay...

Employers May Be Liable for Negligent Referrals on Ex-Employees

I got a reference request on an employee who we terminated a month ago. The employee left on bad terms and this potential employer...

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...

Correcting Underpayment in Paychecks ASAP May Limit Penalties

Due to an error with our payroll system, one of our employees was accidentally underpaid on the last payday. How can we correct this?...

Employers Can Keep Drug-Free Workplace, Despite Weed Legalization

With the new law in California legalizing marijuana, what are our obligations and rights? California’s new law on recreational marijuana can create some difficulties for...

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...

Let Workers’ Compensation Insurer Check on Claim Validity

One of my employees came to me today and said his back was sore and that he hurt it while moving some equipment, so...

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...

Where to Put Posters When Employees Work in Clients’ Homes

We have a home health business and our employees travel directly from their home to the client’s home. We are unable to post the...