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Q&A

Can unmarried couple both take FMLA leave for newborn?

05/01/2013
Q. A while ago two of our employees developed a romantic relationship. They are now expecting a baby and both put in a request for family leave to bond with their newborn. Are we required to give both workers leave for the birth of their child—even if they are not married?

Can the company ‘profit’ from the share of health premiums charged to employees?

05/01/2013
Q. After several large health insurance claims last year, our president decided to increase the premiums deducted from employees’ paychecks. However, the rate he has directed to be deducted is higher than the rate at which we are billed for the spouse and dependent coverage. Is it legal to make money off of the “premiums” we ask em­­ployees to pay?

Employees sent on weekend training time: Does that affect their overtime pay?

04/26/2013

Q. We sent a few employees to training over a weekend. They weren’t required to attend, but the course will help them do their jobs better. We paid the hourly ­workers for that time, but not overtime. Do we owe them overtime if they worked 40 hours before the training session?


Is our ‘working supervisor’ properly classified?

04/25/2013
Q. We have an hourly worker who oversees both the maintenance and housekeeping departments and supervises two employees. In this job, he has the authority to hire and fire. However, he is also a “working” supervisor who performs maintenance in and around the property. Can his status be changed to salary/exempt?

Should I register for online access so I can monitor employee’s social media activity?

04/25/2013
Q. An employee has brought to my attention that another employee seems to be spending much of the workday posting to a social media site … Apparently, the website doesn’t require being someone’s “friend” to see their social media activity. Is it OK if I sign up with the site to monitor his use?

From workers’ comp to part time: Can we reduce employee’s leave benefits?

04/25/2013
Q. We have an employee who was out on workers’ comp and has recently returned to work part time. (She is still collecting partial workers’ comp benefits.) Can we adjust her vacation and personal leave time to reflect the limited hours she’s working, or is she entitled to the full amount of days?

Can transportation firm include class-action waivers in arbitration agreement?

04/23/2013
Q. We would like to ask all of our employees to sign arbitration agreements. However, in light of the 2011 U.S. Supreme Court decision in AT&T Mobility v. Conception, we would like these arbitration agreements to contain class-action waivers. How should we handle this process, given that we are in the transportation industry?

Does California’s human trafficking notice requirement apply to all industries?

04/23/2013
Q. Is it true that all California employers are required to post a human trafficking notice?

Unmarried employee couple is expecting: Can both take FMLA leave?

04/23/2013
Q. A while ago two of our employees developed a romantic relationship. They are now expecting a baby and both workers put in a request for family leave to bond with their newborn. Are we required to give both workers leave for the birth of their child—even if they are not married?

Workers ignoring our time clock rules: Can we dock their pay?

04/23/2013
Q. Many of our 60 employees fail to correctly clock in or out and it’s creating major payroll issues. I’ve met with employees who are chronic time-clock abusers and placed warnings in their files. Can we dock an employee for failing to clock in or out?