Monday, November 23, 2020

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

Telework During Pandemic Could Affect Future Remote Work Requests

If an employer allows employees to telework during the COVID-19 pandemic, will the employer have to allow them to continue teleworking after the California...

Allergy Claim Triggers Need for Interactive Evaluation of Options

We have an employee who is claiming she’s allergic to various things in the office, but quite honestly, she has been trying to work...

Wage and Hour Considerations for Remote Workers

How do an employer’s pay obligations differ when an hourly/nonexempt employee is working remotely from home? It’s important to keep in mind that when having...

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...

Medical Proof of Disability Needed to Start Accommodation Process

One of my employees who has been with the company for a few years (and who was about to get written up for failing...

Key Employment Law Issues When Addressing Workplace Illnesses

Our employee has recently returned from traveling in an area where there is an illness epidemic. What can we do to address the employee’s...

Voter’s Choice Act May Be Game Changer for Voting Time Off Rules

My employee wants to take time off to vote in the California Primary Election on March 3. She says I have to pay her...

Accommodating Pregnant Employees in Potentially Risky Work Spaces

We have a pregnant employee working in the plant where there are a lot of chemical exposures. Her doctor has not restricted or limited...

Employers/Co-Workers Now May Seek Gun Violence Restraining Order

What is a gun violence restraining order, and how does the new law (AB 61) on gun violence restraining orders affect employers? Employers have a...

Small Firm Eyes Medical Leave Policies to Put in Employee Handbook

We are a small company of 30 employees. Are we required to have a medical leave policy in our employee handbook? Many different types of...

Factors for Employers to Consider When Making Holiday (Pay) Plans

If we close our worksite for a holiday, do we have to pay our employees for the day? The answer depends on the employer’s policies...

Bereavement Leave Potential Option for Time Off After a Miscarriage

Do employees have a right to use bereavement leave after a miscarriage? Employers are not required by law to offer bereavement leave to their employees....

Develop Policy on Referrals to Ensure Consistent Practices

Is an employer prohibited from providing a reason for separation when verifying past employment? No—an employer can provide reasons for separation/termination, but many employers are...

Canceling Shifts on Short Notice May Lead to Reporting Time Pay

How much notice must I give my employees that I’m canceling a shift in order to avoid paying reporting time? Anytime an employee reports to...

When Foster Care Leads to Adoption, Just One Family Leave Applies

I have an employee who is going through counseling to become a foster parent. Is she eligible for the federal Family Medical Leave Act...

How Deadline Extension Affects Timing of Harassment Training

I just read that the Governor signed a new law that changes the timing for the new sexual harassment training. What are the new...

September 30 Deadline for Reporting EEO-1 Compensation Data

What is the EEO-1 Component 2 data and how do I know if I have to report? The EEO-1 annual compliance survey requires certain employers...