Q&A

Is early termination OK when employee who is on FMLA submits her resignation?

04/13/2015
Q. An employee who is off on an approved FMLA leave just submitted her resignation, providing two weeks’ notice. Our employee handbook asks employees to provide a two-week notice when possible. May we terminate the employee’s employment immediately rather than wait two weeks?

Can we restrict service dogs at work?

04/13/2015
Q. An employee with epilepsy wants to bring a dog to work to assist her in the event of a seizure. Our business is not conducive to having animals at work. Must we permit her to bring her dog?

How should we provide required posters for employees who work from home?

04/13/2015
Q. We have a number of employees who work solely from home. For them, is electronic delivery or posting of the notice required by the new Women’s Economic Security Act sufficient? Do we need to have the employee acknowledge receipt?

What are we up against? We're being sued for misappropriation of trade secrets!

04/13/2015
Q. I recently hired someone who previously worked at a competitor’s company for some time. When she began working for me, she made some great suggestions regarding new business strategies, processes and products for us to implement. Now, a few months later, her former company is suing me for misappropriation of trade secrets. What does this mean?

Employee has to miss work for jury duty: Am I allowed to terminate him?

04/13/2015
Q. One of my employees has informed me that she received a jury duty summons and must be absent from work to serve. Can I discharge my employee for being absent from work while serving as a juror?

Are we liable for negligent hiring if employee had criminal conviction?

04/13/2015
Q. Recently, one of my employees accidentally injured a client while operating a forklift during work hours. The client is now threatening to sue me for negligent hiring of this employee, because the employee has a prior—and unrelated—conviction. Does this accusation have legal grounds?

What are the penalties for bounced paychecks?

04/06/2015
Q. What happens if I miss a payday or my employees’ paychecks bounce when they attempt to deposit or cash them?

Discipline for attendance during FMLA leave?

04/01/2015
Q. Before we could counsel an employee about ongoing attendance problems, she was approved for intermittent FMLA to care for her mother. However, she continues to have attendance problems unrelated to her FMLA leave. Can we proceed with counseling and possible disciplinary actions while she is under FMLA?

What's the law on paying for travel time?

04/01/2015
Q. How should we go about determining how much we need to pay employees for travel time?

What goes in a proper wage statement?

03/23/2015
Q. During the last pay period, after my California employees received their paychecks, a few of them asked me where the wage statement was. What information am I required to include in this statement?

What 'notice-of-pay' must new hires receive?

03/23/2015
Q. I recently hired new warehouse employees. Is there any information regarding their wage payment that I must present to them?

How much leave can workers take to attend their kids' school activities?

03/23/2015
Q. One of my employees asked me if she could use a few hours of her personal time off to leave work early and attend her daughter’s grade school band recital. What’s the law on this?

What leave must we provide for em­­ployees who are victims of domestic violence?

03/23/2015
Q. An employee notified me that she was a victim of domestic violence and needs to take some time off work. What leave am I required to allow her?

May our employees pool their tips?

03/11/2015
Q. The waitstaff in our restaurant pools tips with the dishwashers and hosts. Is this OK?

Do we have to pay overtime for hours an employee spent out on sick leave?

03/11/2015
Q. Last week, an employee was out sick on Monday but worked 40 hours Tuesday through Friday. She would like to use her sick leave for Monday and claim overtime for those Monday hours. Must I pay her overtime for those hours?
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