Thursday, February 21, 2019

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

Only Qualified Representative Can Complete Form I-9 for Remote Hires

My office is located in San Francisco and I am hiring an employee who will work remotely in San Diego. Can I contract with...

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...

Second Meal Period in Alternative Schedule Depends on Hours Worked

Our employees elected an alternative workweek schedule of 4/10 hour days. There are two schedules with different beginning and ending times. One group works...

When Can Worker Decline Family Medical Leave? Subject Untested

Our employee went out on workers’ compensation leave this week and will probably be gone a few months. Should we place him on family...

Employing a Minor: Overview of Work Permit, Form I-9 Requirements

What are the work permit and I-9 requirements for employing a minor in California? California Work Permit With limited exceptions, a work permit is required in...

Time Off for ‘School Appearance Leave’ Applies to All Employers

My administrative assistant just came to me and said she had to leave for the day because she got a call from her son’s...

Court Says True Rest Break Means Giving Up Control of Employee

Can we require employees to remain on our premises during rest breaks? The answer to this question was much simpler before the California Supreme Court’s...

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...

Key to Valid Alternative Schedule: How Workweek, Workday Are Set

Our company has established a 9/80 alternative workweek schedule, but the employees work 44 hours one week and 36 hours the next week. Everything...

‘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...

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 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....

SF Bay Area Commuter Benefits Program Offers Compliance Options

What is the Bay Area Commuter Benefits Program and what does it require of employers? The Bay Area Commuter Benefits Program (Program) is a program...

Steps to Consider When Employee Leaves Behind Personal Belongings

My employee quit without notice and left behind in her office some framed family photos and a few large pieces of artwork. What should...

Local Ordinances Add Variety to Minimum Wage Requirements

We have employees working a few hours a week in multiple cities and counties. The hours vary so much that we decided to just...

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...

Restraining Orders Can Help Employers Maintain a Safe Workplace

We have an employee who is very frightened by another person’s behavior. What can we do? Any concern that an employee may raise in the...