Thursday, April 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

Caring for Adult Child with Drug Addiction May Qualify for FMLA

My employee asked to take time off under the Family Medical Leave Act (FMLA) to care for her drug addicted son, who is well...

Factors to Weigh When Employee Out on Disability for Extended Period

We are a small employer (22 employees). Our employee has been on disability for two months. I know we can’t terminate her while she’s...

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...

How to Use Pregnancy Leave in Conjunction with Other Leave Laws

How can we accommodate an employee’s request for additional time off to care for her son when she has just returned from pregnancy disability...

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?...

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...

Visible Tattoos, Other Dress Code Issues Arise in Warmer Weather

We have a strict no visible tattoos policy as we work with a very conservative population. We hired a new employee recently, and when...

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...

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...

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...

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...

How to Apply New Federal Overtime Rule to Outside Salespeople

Does the new federal salary requirement apply to our outside salespeople who receive a monthly salary? No. Neither federal nor California law require the payment...

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...

SF Bay Area Commuter Benefits Program Offers Compliance Options

What is the Bay Area Commuter Benefits Program and what does it require of employers? The Bay Area Commuter Benefits Program (Program) is a program...

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...

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...

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...