Tuesday, December 18, 2018
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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

Tips Left for Employees Must Be Paid Out by Next Regular Payday

I own a restaurant and most of the payments for the meals and tips are paid by credit card. To make it easier on...

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...

Vacation Accrual During Leave Depends on Policy, Nature of Leave

Does the law require us to continue to accrue vacation for an employee while he/she is on a leave of absence? Whether an employee accrues...

How to Calculate Accrued Vacation Due When Employment Ends

I know accrued vacation has to be paid out at termination, but is there a formula to calculate exactly how much is owed? Vacation...

Work with Employee on Reasonable Accommodation for Health Issue

Our employee is having seizures but continues to work and doesn’t ask for any accommodations; what are our obligations? First and foremost, the health and...

Dress Codes Must Be Applied in Nondiscriminatory Manner

Can I have a separate dress code for men and women? For years our company has had a separate dress code for men and...

Rules for Pay During Suspension of Nonexempt Employee

What are the rules for paying a nonexempt employee during a suspension? A nonexempt employee may be suspended without pay. This is true whether the...

Timelines for Presenting Final Paycheck, Handling Unclaimed Wages

When is a final paycheck due, and what if the employee never picks up the final pay? All wages and accrued vacation or paid time...

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...

Minimum Pay Requirements If Employees Sent Home Early

Can I send employees home early if there is not enough work or for disciplinary reasons? If I can, should I just pay them...

Law Requires Advance Warning of Mass Layoffs for Some Employers

We are a small employer. Do we have to provide any advance notice to employees if we are going to lay them off? The answer...

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...

‘Association Discrimination’ Claims Growing Area of Labor Law

My employee has asked for a different schedule due to his child’s disability. He needs to take the child to regular medical treatment. Do...

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...

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...

Sick Leave Accruals May Vary Based on Hours Worked

Will all employees earn three days or 24 hours of paid sick leave each year no matter how many or how few hours they...

Employer Obligations When Employees Pump Breastmilk at Work

One of my employees recently had a baby and is asking for several breaks during the day to pump breastmilk. What do I need...