Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Q&A

Feb 11 2015
Q&AWage and Hour

What is the liability under California law for failing to provide a rest period?

Q: If our company pays an employee for their 10-minute rest period, but the employee reports that he didn’t actually take a break from work, are we complying with California wage and hour laws?

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Photo of Jon Benson
Jan 27 2015
Q&ALabor Relations  

Can we require employees to keep quiet about their wages?

Q: We’re worried that morale could be hurt by employees comparing their salary or wages with one another. Can we prohibit our employees from discussing their wages?

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Photo of Kandis Sells
Jan 15 2015

Termination for bad behavior is not disability discrimination or retaliation

Question: Our company is working through some long-term performance issues with two employees who are not improving. Both of these employees have disabilities that we are actively accommodating so termination is risky, but do we have to just keep them on forever if they aren’t good employees?

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Photo of Karen Davis
Jan 06 2015

If anti-harassment policy is broader than law requires, be prepared to enforce it

Q: Our policy against harassment says we will take disciplinary action for any inappropriate workplace conduct, regardless of whether it violates the law. An employee complained of coworkers yelling at him, but it doesn’t seem connected to a protected status, so do we have to take action?

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Photo of Karen Davis
Dec 16 2014

Essential functions of job may not be as clear as you think

Question: Our receptionist is responsible not only for answering phones and greeting visitors, but also for keeping the adjacent coffee room clean. She now says she is allergic to all cleaning products and cannot clean the coffee room. We believe this is an essential function of her job. If we can’t find a reasonable accommodation, can we remove her from the position?

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Photo of Sean Brown
Dec 10 2014
Q&AEmployee BenefitsWage and Hour  

State sponsored programs provide good options to avoid layoffs and furloughs

Q: Our company needs to scale back operations for a few weeks while we complete a project at our facility. We don’t want to lose our skilled staff; are there any programs that would give them get access to unemployment benefits while we complete the project?

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Dec 03 2014
Q&ALeave Laws

Choose the FMLA leave year wisely or you could be allowing double usage

Q: Can an employee be eligible for 12 weeks of parental leave, twice in a row, for the same baby under FMLA?

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Nov 13 2014
Q&ADrug and Alcohol

Can we provide nonprescription drugs in the workplace?

Q: We have always provided aspirin and ibuprofen to our employees in first aid kits and the break room. Can I provide these nonprescription medications to my employees?

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Nov 10 2014
Q&ALeave Laws

How does California’s new sick leave law impact PTO policies?

Q: We have a PTO policy, which offers employees paid time off for a variety of reasons including sickness. Does our policy comply with California’s new sick leave law?

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Photo of Jodi Slavik
Oct 21 2014

Pregnancy Accommodation: Handle with care

Q: A pregnant employee doesn’t want to work one of the jobs in a rotating shift, saying she can’t lift over 10 lbs. It happens to be the job no one wants to work. Do I have to allow her to skip it because she’s pregnant?

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