Thursday, February 21, 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

No Need to Reverify Expired Green Cards (Permanent Resident Cards)

In auditing our I-9 file, we found that an employee has an expired green card. Can we require that she provide a current card? No....

Smaller Firm Employee: Job-Protected Leave as New Parent, Not as Son

I operate a fairly small business (we have 35 employees), and I recently had an employee come to me asking to take a few...

State Law Grants Registered Domestic Partners Right to Protected Leave

My employee wants to take time off to take care of his ill, longtime live-in girlfriend. I know there are laws that allow time...

Paid Family Leave Waiting Period Waived for Delayed Baby Bonding

My employee took a pregnancy disability leave for three months, and then came back to work as soon as she was released by her...

Time Off for ‘School Appearance Leave’ Applies to All Employers

My administrative assistant just came to me and said she had to leave for the day because she got a call from her son’s...

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?...

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...

Use of Megan’s List Forbidden for Employment Purposes

We did a background check on an applicant and it came back that he was a registered sex offender. Now we do not want...

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...

Make Sure Grooming Standards Consider Job Needs, Protected Practice

Our receptionist came in after the holiday weekend with “crazy hair.” She dyed it bright pink—it isn’t remotely a natural color. Can we ask...

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...

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...

Time Off to Attend Funeral Not Eligible for State/Federal Family Leave

I operate a business with close to 100 employees, and one of my long-term employees recently informed me that his mother passed away, 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?...

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...

Different Policies for Different Departments Sometimes Acceptable

Our company wants to create different policies for different departments within the company, such as requiring professional business attire for our office employees but...

National Medical Support Notice Requires Timely Response

I received a National Medical Support Notice for one of my employees. What is this notice and how do I respond? A National Medical Support...