Tuesday, May 24, 2022
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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

Make Sure Holiday Pay Policies Spell Out Details of Company’s Intent

My company has a holiday policy that simply lists the holidays that the company observes, but it doesn’t state how much people get paid...

Scheduling to Accommodate Religious Beliefs: Factors to Consider

My employee just asked to be removed from the schedule for Sundays so she can attend church, and requested to work Saturdays instead. Could...

Premium Pay Penalty Due When Employee Given Late Meal Break

Yesterday our store was very busy, so I could not let my employee leave for a meal break until very late in the day....

Employee Quitting Due to COVID May Still Collect Unemployment

I have several employees who have quit for COVID-19 related reasons, including lack of child care and fear of being in the workplace. Why...

Makeup Time Sometimes OK for Employees on Alternative Workweek

Is makeup time available to employees working an alternative workweek? Yes, in some instances! Section 513 of the California Labor Code spells out the criteria for...

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...

Many Factors to Consider When Employee Asks for More Leave Time

Our employee has used up all of her federal Family and Medical Leave Act (FMLA) leave, but called today to request an extension of...

Harassment Outside of Work? Employer Still Must Respond to Complaint

One of my supervisors just reported to me that they received complaints about harassment from a coworker but did not report them to us...

Requests for Personnel Files, Payroll Records—Required Timing Differs

A former employee has asked for a copy of her personnel file and payroll records. Do I have to provide these to her? And...

Leave of Absence Options Available for New Dad in California

Our employee’s wife just had a baby and he is asking us if he can take time off work and how much he will...

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?...

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....

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...

Reasonable Accommodations During the COVID-19 Pandemic

How have the interactive process and reasonable accommodations for disabilities changed due to COVID-19? As COVID-19 changes the employment law landscape, government agencies continue to...

Potential Family Leave Act Factors in Time Off for Grandchild’s Birth

My employee wants to take federal Family and Medical Leave Act (FMLA) leave when her daughter has a baby. Can I deny her request? Typically,...

Previously Worked Overtime Can’t Be Counted as Makeup Time

Can an employee use makeup time if he or she misses a day of work and submits a written request to use overtime previously...

Varied Uses of Paid Sick Leave Available Upon Employee Request

How can employees use California’s mandatory paid sick leave (PSL)? Under the Healthy Families, Healthy Workplace Act, California employers are required to allow employees who...