Thursday, April 18, 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

Smaller Firm Employee: Job-Protected Leave as New Parent, Not as Son

I operate a fairly small business (we have 35 employees), and I recently had an employee come to me asking to take a few...

New Parent Leave Act Applies to Employees Not Subject to FMLA/CFRA

How does the New Parent Leave Act interact with the federal Family Medical Leave Act/California Family Rights Act? Beginning January 1, 2018, California’s New Parent...

Form I-9: Use of Document Receipt OK for Limited Circumstances/Time

When completing an I-9 Form to verify work eligibility, can an employee show us receipts for documents instead of presenting the documents themselves? If...

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...

Employers Can Keep Drug-Free Workplace, Despite Weed Legalization

With the new law in California legalizing marijuana, what are our obligations and rights? California’s new law on recreational marijuana can create some difficulties for...

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...

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...