Wednesday, June 3, 2020
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City Ordinances in LA, SF Limit Use of Criminal Background Checks

Are there any local laws that affect criminal background checks? Employers conducting criminal background checks in California are limited by state and federal law in...

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...

Let Workers’ Compensation Insurer Check on Claim Validity

One of my employees came to me today and said his back was sore and that he hurt it while moving some equipment, so...

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 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...

Obtaining Information on Minors Subject to Special Restrictions

Can we do a background check on a minor? A background check may involve different issues, so it is important to know who you are...

Paid Family Leave Optional for Employers with Fewer Than 50 Workers

My employee has come to me and asked to take Paid Family Leave to be with his new baby. He says he’s entitled to...

In-Person Review of I-9 Documents Necessary for Remote Employee

We are hiring an employee out of state who will be living and working more than a thousand miles away. How do we handle...

Rest Breaks May Not Be Combined Except in Limited Circumstances

My employees all work an 8-hour day. It’s my understanding that when an employee works an 8-hour day, he or she is entitled to...

Hotel Housekeeping Safety Plan Must Be in Writing

I own a small motel and bed and breakfast. How are the new regulations adopted by the Occupational Safety and Health Standards Board (OSHSB)...

Makeup Time Sometimes OK for Employees on Alternative Workweek

Is makeup time available to employees working an alternative workweek? Yes, in some instances! Section 513 of the California Labor Code spells out the criteria for...

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...

Handling Vacation Deductions for Exempt Employee’s Part-Day Absence

Is a deduction from an exempt employee’s vacation bank for a partial day’s absence limited to increments of four or more hours? No! In 2005,...

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...

Limits to Conducting Background Checks on Job Applicants

My company uses a background check company to conduct background checks on our applicants. Recently, I received a report that included a felony conviction...

State/Local Laws Restrict Use of Information on Criminal Offenses

An applicant voluntarily disclosed that when he was a minor he had a felony conviction that has since been expunged. Can we refuse to...

Surrogate Pregnancy: Same Protections, Leave Rights Generally Apply

One of my employees is a gestational surrogate. What leave laws would apply to her? A gestational surrogate is someone who carries a pregnancy and...