Q&A

Call of (jury) duty: What must we do?

12/22/2016
Q. What are California employers’ obligations with regard to workers who get called on for jury duty?

What kind of pregnancy and family leave rights do gestational surrogates have in California?

12/22/2016
Q. One of our employees is a gestational surrogate for a woman who cannot carry a child. Is our employee entitled to pregnancy disability, FMLA or CFRA leave as a surrogate?

Is it legal to claw back maternity leave pay?

12/06/2016
Q. Our maternity leave policy offers paid leave for female employees who plan to return to work after the birth of the child. If the employee quits before returning to work, she’s required to reimburse the company for the paid leave. Is this lawful?

All about California's WARN Act

11/28/2016
What are our notice requirements? ... What must WARN notices say? ... What if we don’t give notice?

Is it legal for us to ban all guns at work?

11/14/2016
Q. Many of our employees bring their hunting rifles and shotguns to work, especially on Fridays during hunting season. We generally prohibit guns or other weapons in the workplace. Can we stop employees from bringing their guns to work?

What can we do? We suspect one of our employees is often drunk at work

11/14/2016
Q. We have an employee who often appears to be inebriated at work. Can we require that he take an alcohol test? Can we require that he get into a rehab program to keep his job?

Can I really not smoke in my own office?

10/27/2016
Q. I recently relocated my business to California from a foreign country. I heard that I am not allowed to smoke in my office. Is this true?

Who needs to receive anti-harassment training in California?

10/27/2016
Q. My business conducts mandatory sexual harassment training for our employees. Which of our employees must attend our sexual harassment training, and what formats can we use to provide these trainings?

No workers: Still need workers' comp coverage?

10/27/2016
Q. My wife and I run our own business. Are we required to obtain workers’ compensation coverage even though we have no employees?

Must we continue health insurance when employees are out of work on leave?

10/27/2016
Q. Is our business required to continue to offer health benefits to our employees while they are out on family leave?

Do we need to accommodate a disabled contractor just like we would an employee?

10/17/2016
Q. We just hired a contractor for a special project. He has complained that he is sensitive to the smells in our office, which include personal fragrance, scent diffusers and “smelly” food. Since he isn’t our employee can we just tell him to put up with the odor?

How far do we have to go to accommodate employee's migraine headaches?

10/17/2016
Q. Our receptionist gets occasional migraine headaches, and she gave us a long list of “triggers” that she wants us to eliminate at work. The list includes no fluorescent lights. We cannot afford to replace all of our fluorescent lights. Can we just say no?

Is use-it-or-lose-it vacation policy legal in Pa.?

10/07/2016
Q. Our company’s vacation policy says that terminated employees are not paid for vacation days that they accrued during their employment. Is that legal?

Can job offer be contingent on drug test?

10/07/2016
Q. Our Pennsylvania company wants to begin screening applicants for illegal drugs. Can we make job offers conditional on the results of a drug test?

What rights do employers have under Texas's Open Carry Law? Can we ban guns at work?

09/29/2016
Q. We are a private business that would like to prohibit our employees and customers from carrying firearms inside our corporate premises. May we do so?
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