Tuesday, November 20, 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

Documenting Poor Performance Useful in Discrimination Claim Defense

We have a seasonal employee we have rehired every year for the past few years. He had a workers’ compensation claim last year but...

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...

How to Pay Injured Employee for Medical Treatment Time

One of my employees got hurt at work during regular hours, and we sent him to the doctor for treatment. He didn’t finish getting...

Electronic Delivery of Paystubs Allowable Under Specified Conditions

I would like to issue employee paystubs electronically. Is there any legal requirement that employees must receive them in hard copy on paper? Do...

Employers Should Investigate Hostile Work Environment Claims

My employee came to me complaining of a “hostile work environment,” which appears to be a verbal situation, not one of sexual harassment. Am...

Caution: Cap Rules for Paid Sick Leave, Paid Time Off Differ

We want to implement a combined vacation and sick leave paid time off (PTO) policy to meet the paid sick leave mandate. An employee...

Sick Leave Waiting Periods May Not Be Imposed on Existing Employees

We recently changed a part-time employee to full time. Does she have to work 30 days in this new position before she is entitled...

When Local Minimum Wage Affects Exempt Salary Requirement

Do the locally mandated minimum wage ordinances in cities like Oakland, San Diego, San Francisco and San Jose affect the minimum salary requirements for...

Calculating Sick Leave for Employee with Multiple Rates of Pay

How do I pay for sick leave under California’s new law when an employee has more than one rate of pay? Do I pay...

Factors to Weigh When Employee Out on Disability for Extended Period

We are a small employer (22 employees). Our employee has been on disability for two months. I know we can’t terminate her while she’s...

Biometric Timekeeping: Weigh Benefits Against Privacy Considerations

Are there any California laws or regulations that would prohibit using a biometric timekeeping system that uses a thumb print? There are definitely issues...

Anti-Discrimination Section in Paid Sick Leave Law Can Affect Policies

My company has had a policy for years that requires employees to work the day before and the day after a holiday in order...

Leave Certifications for Lifetime Condition Differ in Federal, State Law

I have had an employee off work on a federal Family Medical Leave Act (FMLA)/California Family Rights Act (CFRA) leave. Her original certification noted...

Previously Worked Overtime Can’t Be Counted as Makeup Time

Can an employee use makeup time if he or she misses a day of work and submits a written request to use overtime previously...

No Definitive List of Disabilities in Federal or California Law

My employee says she has a fragrance sensitivity and is demanding that I purchase unscented products for our cleaning service to use, even though...

Religious Wear at Work: Interactive Dialogue Best When Questions Arise

Our employee wants to wear a St. Christopher medal on a chain around his neck, which is in violation of our company policy since...

How to Calculate Rest Break Payment for Piece-Rate Workers

We pay our employees by piece rate. What is this I’m hearing about paying additional wages for the rest break? Is this true and...