Hours Worked, Not ‘Full-Time’ Label Key to Managing Benefits
What is the minimum number of hours an employee needs to work to be considered full-time? California and federal law generally do not categorize the working hours of employees as either full-time or...
View ArticleExempt Employee Salary Deductions: Proceed with Caution
An exempt employee took off Monday and Tuesday, worked a partial day on Wednesday, and worked full days on Thursday and Friday. He has no accrued vacation time available to use. Can I deduct from his...
View ArticleMilitary Caregiver Leave: When It Applies and When It Doesn’t
I know my business is covered by the federal Family and Medical Leave Act (FMLA) because we have more than 50 employees, but I received a request for an extended leave of absence that I’m not sure is...
View ArticlePay for Jury Duty Depends on Employee Status: Exempt or Nonexempt
One of our exempt managers has requested leave to attend jury duty. Do we have to allow him to go on jury duty and if so, how much time off do we have to grant him? Do we have to pay an employee who is...
View ArticleConsistent Treatment, Documentation Key to Reducing Retaliation Risks
An employee complained about workplace conditions but had ongoing performance issues before and after the complaint. Can I still discipline the employee despite the complaint? Yes, you can discipline...
View ArticleHow to Figure Family Leave Eligibility for Remote Employees
Our corporate office in California has 49 employees, while we also have remote employees in other states — one in Nevada, two in New Mexico, and one in Arizona. The Arizona employee is requesting...
View ArticleInappropriate Remarks No Reason Not to Investigate Harassment Claim
An employee has filed a sexual harassment complaint; however, her co-workers have noted that she herself makes a lot of lewd jokes and uses “colorful” language. We haven’t done anything about her...
View ArticleLead Exposure Standard: Big Changes Take Effect January 1, 2025
What changes has Cal/OSHA made to its standard for exposure to lead in construction and other industries? The Division of Occupational Safety and Health (Cal/OSHA) and the Occupational Safety and...
View ArticleMaking Sense of Minimum Wage Requirements
With different federal, state, local, and industry-specific minimum wage requirements, how do I know if I am properly paying my California employees? The first step to compliance is determining which...
View ArticleDon’t Discourage Employee’s Use of California/Federal Family Leave
One of our employees has notified us that he wants to use state/federal family leave in approximately two months when his baby is born. Although he is eligible for the leave, this will be an...
View Article‘Paid Family Leave’ — Who Can Request It; How It Works
I own a small business, and I have an employee who has been with my company for a few months. He came to me this morning and said that he needs to take Paid Family Leave starting on Monday to care for...
View ArticlePaycheck Direct Deposit: Offer, But Don’t Mandate
In 2025, we would like to pay all our employees by direct deposit. We have a couple of employees who do not have direct deposit, and it can be challenging to get their paychecks to them on time. Can we...
View ArticleLaw Now Requires Written Contract for Independent Contractors
Do I need a written contract if I have an independent contractor working for me? In California, the relationship between businesses and independent contractors is subject to strict legal standards. As...
View ArticleHow to Deal with Predictive Scheduling and Scheduling Changes
We want to change our non-exempt employee’s schedule for next week. How far in advance do we need to notify the employee of schedule changes? Currently, there isn’t a California law or federal law that...
View ArticleFactors to Consider When Employee Asks to Extend Family Leave
We have more than one employee who have requested extensions of their family leave (for various reasons). Do we have to grant these extensions, or can we terminate their employment? This question comes...
View ArticleProposed Changes to Confined Spaces Rule Include ‘Rescue Services’
What is the status of changes to the Cal/OSHA regulation for construction in confined spaces? A hearing has been held on proposed revisions, but the draft rewrite isn’t final yet. The Occupational...
View ArticleVictims’ Leave Law Creates New Obligations, Expands Others
I am updating our employee handbook and I am confused about the changes to California’s victims’ leave law — what’s new for 2025? Although victim’s leave is not new for California employers, AB 2499...
View ArticleWhat to Do When Pre-Job Test Shows Rehab Prescription Drug Use
We made a conditional offer of employment to an applicant subject to a pre-employment drug test. His test came back positive for Suboxone. He has provided a copy of a prescription and a note from a...
View ArticleDaily Overtime Premium Pay Depends on Workday Definition
Last week my company (which operates 24 hours a day) had several employees call out sick at the last minute. As a result, we had to require one of our employees to work two consecutive shifts,...
View Article‘Misconduct’ Not Automatic Cause for Denying Unemployment Benefits
We terminated an employee, and she has filed a claim for unemployment benefits. We want to fight her claim because she was fired for falsifying accounting records, a violation of company policy. Can...
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