Thursday, July 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

New Requirements for Paying Piece-Rate Employees for Rest Breaks

What are the requirements for compensating piece-rate paid employees for rest breaks and other nonproductive time? A number of recent California and federal cases regarding...

Duration of Written Meal Period Waivers Depends on Your Needs

We have employees working 6-hour shifts who want to waive their meal period and employees who want to waive their second meal period after...

Electronic Delivery of Paystubs Allowable Under Specified Conditions

I would like to issue employee paystubs electronically. Is there any legal requirement that employees must receive them in hard copy on paper? Do...

Calculating Baby Bonding Time When Parents Work for Same Employer

I have two employees who are unmarried, but who have had a child together. Both employees have been with my company (which has more...

New Legal Name/Social Security Number Not Good Cause for Firing

What do I do about an employee who comes to me with a new name and a new Social Security number? Can I terminate...

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 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...

Request for Employment Records: Steps to Consider Before Responding

I received a document in the mail the other day from a law firm requesting a wide variety of employment records related to one...

July 1 Local Minimum Wage Hikes Don’t Change Exempt Salary Test

A local minimum wage applies to our nonexempt employees. When the minimum wage increases on July 1, does that mean the salary test for...

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....

Caveats on Deducting from Exempt Employee’s Salary for Sick Time

An exempt employee has missed two days of work this week because she was sick, but she has used all her sick leave. Can...

How to Calculate Rest Break Payment for Piece-Rate Workers

We pay our employees by piece rate. What is this I’m hearing about paying additional wages for the rest break? Is this true and...

Leave, Benefits May Be Available for Employees in Addiction Recovery

Do we need to give an employee protected time off to enter a residential facility for substance abuse recovery? Will she be eligible for...

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...

Alternative Workweek Hours May Start 30 Days After Announcement

Is the 30-day delay from the date of an alternative workweek vote to the institution of the schedule mandatory? Yes, as far as an employer...

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...

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...