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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

Holiday Pay for Exempt Employees Depends on Employer’s Policy

Does an exempt employee have to be paid for a holiday for which the employer closes? Perhaps. California law does not require an employer to 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...

New Form I-9: Answers to Common Questions

On January 31, 2020, the United States Citizenship and Immigration Services (USCIS) published and posted on its website a new Form I-9, which employers...

How Medical Appointments, Sick Leave, Make-Up Time Relate

What rights do employers have to approve time off work for doctor appointments, require make-up time and terminate an employee for excessive absences related...

Premium Pay Applies Just Once Daily Per Missed Break/Meal

Please explain how the meal and rest break premiums are paid. When an employer fails to provide two rest breaks and two meal breaks...

Required Use of Paid Vacation Instead of Unpaid Time Off Generally OK

My employee asked for a few days off for a vacation with her family, but wants to take it unpaid rather than using the...

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...

Labor Code Includes Exceptions for Listing Hours Worked on Paystub

One of the criteria to be listed on the check stub is total hours worked. We have outside salespersons who do not keep time...

Paid Sick Leave Policy: What If I Want to Make Changes?

• We adopted the accrual method of paid sick leave and put that into effect last July and we now want to change to...

Options to Consider When ‘Temp’ Employee Becomes Longer-Term

I hired a number of employees to work on a short-term project for me. I classified them as “temporary” and therefore not eligible for...

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...

Retroactive COVID Paid Sick Leave Due When Employee Requests It

I have a business with approximately 40 employees, and I just read something that said California passed a law making COVID sick leave retroactive...

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...

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...

Premium Pay on Holidays a Choice for Employers, Not a Requirement

Last month included Memorial Day, and I got a lot of questions from my employees about paying them extra for working on the holiday....

Answers to Common State Disability Insurance Questions

How long can an employee collect State Disability Insurance (SDI)? Will SDI benefits be reduced if an employee collects sick, vacation or Paid Time...

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,...