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Joseph Beachboard

New W-2, 1099 penalties for employers explained

07/17/2015
Q. I heard that there have been increases in the IRS penalties that employers have to pay for failing to file (or filing incorrect) tax documents?

What rules does California mandate for employee meal breaks and rest periods?

06/26/2015
Q. I am in the process of drafting an employee handbook—specifically the section dealing with meal breaks and rest periods. What requirements or rules regarding meal and rest periods do I need to know about?

An investigation is inevitable: Now what?

06/05/2015
At some point the question becomes not whether you need to dig deep into a case of workplace misconduct, but who you’re going to get for the task. Here are some guidelines.

How does the Paid Sick Leave Law affect the information that must appear on paystubs?

05/20/2015
Q. We are trying to comply with California’s new paid sick leave law, but we are not sure what exactly needs to be included on the paystub.

Is it OK to simply refuse to hire sex offenders?

05/20/2015
Q. After narrowing our search to one candidate, we learned that the applicant may be listed as a registered sex offender. We would just rather not hire this applicant. Can we legally do that?

Can we require English-only on the job?

05/20/2015
Q. We want to require our employees to read, speak and write English at work. Is such a policy legal?

Did my innocent employment ad really open me up to charges of discrimination?

04/21/2015
Q. I recently posted want ads to hire new employees. Recently, I received a letter from someone who wants to sue me for “deterring applicants.” The ads that I sent out simply stated my company’s name and address, the position available and that applicants who are younger and live nearby are preferred. What did I do wrong?

What constitutes an essential job function?

04/21/2015
Q. I hand a brochure titled “Job Information and Requirements” to each new hire I bring on board to my construction company. With the addition of new positions, I need to draft new brochures with job descriptions, but am having trouble determining the essential job functions. Is there a specific method that I can use to decide whether a job function is essential?

Could we be liable for accidental bias against those or ‘associated with’ protected groups?

04/21/2015
Q. As a California employer, I realize that I cannot discriminate against employees who belong to protected groups. But what if I mistakenly think that an employee is or is not a member of one of these groups, and accidentally treat him or her in a way that is discriminatory?

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?