Sunday, December 9, 2018

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

Recording Conversation Requires Permission of All Parties

My employee wants to use her cell phone to privately record a conversation with another employee (without her knowledge). Can she do this? The answer...

Paid Sick Leave Policy: What If I Want to Make Changes?

• We adopted the accrual method of paid sick leave and put that into effect last July and we now want to change to...

Request to ‘Cash Out’ Unused Sick Leave Raises Questions for Employer

Last July 1, my company gave all of our employees 24 hours of sick leave in a lump sum in order to comply with...

Varied Uses of Paid Sick Leave Available Upon Employee Request

How can employees use California’s mandatory paid sick leave (PSL)? Under the Healthy Families, Healthy Workplace Act, California employers are required to allow employees who...

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...

How to Apply New Federal Overtime Rule to Outside Salespeople

Does the new federal salary requirement apply to our outside salespeople who receive a monthly salary? No. Neither federal nor California law require the payment...

New Laws to Expand Ban on Smoking in Workplace in June

What is the law in California about smoking in the workplace? California employers may not knowingly or intentionally permit the smoking of tobacco products at...

How to Use Pregnancy Leave in Conjunction with Other Leave Laws

How can we accommodate an employee’s request for additional time off to care for her son when she has just returned from pregnancy disability...

Time Off to Attend Funeral Not Eligible for State/Federal Family Leave

I operate a business with close to 100 employees, and one of my long-term employees recently informed me that his mother passed away, and...

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...

Guns at Work: California Law Differs from Many States

My employee has a concealed carry permit and wants to bring his gun to work. He says if I don’t allow it in the...

Reason for Travel Determines Whether Travel Time Must Be Paid

Our hourly employees report to work at the office and then travel from one work location to another using their own car, and we...

California Law Requires Employers to Pay Employees’ Expense Claims

Can we have a policy that employees’ expense claims must be turned in by a certain time period, and if the employee doesn’t meet...

Use of Megan’s List Forbidden for Employment Purposes

We did a background check on an applicant and it came back that he was a registered sex offender. Now we do not want...

How to Handle Unpaid Wages for Unmarried Deceased Employee

I recently had an unmarried employee pass away. Can I just send his unpaid wages and vacation wages to his son? If your employee was...

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...

Pregnancy Disability Leave: Returning Employee Has Right to Same Job

Do I have to give an employee her job back after her return from maternity leave? California law requires employers of five or more to...