Drawing on our panel of California labor attorneys and employment law experts, California Employment Law Answers delivers concise solutions to the questions you and your fellow employers wrestle with every day.

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You're the Expert: What Should We Do About Informal Business Emails? Our employees are too informal in their work emails to clients, vendors, etc. They are saying things they shouldn't--such as speaking negatively about company policies--and their tone is too informal for outside business contacts. What can we do? . . . more You're the Expert: What Should We Do with Supervisors Who Are in Relationships with Subordinates? We have two supervisors who appear to be in relatiosnships with subordinates. How do we approach them, and what should we say? . . . more In every issue, we take one reader's questions and ask our other readers to weigh in. If you have a question for consideration, post it in our Discussion Forum.

Telecommuting: What Should We Include in a Telecommuting Policy? Telecommuting can be a cost-effective alternative to traditional work arrangements or an accommodation for certain employees. A key component of a successful telecommuting program is a well-drafted policy that clearly defines the expectations, requirements, and goals of the telecommuters. Here is a sample policy you can adapt for your workplace. . . . more Managing Within the Law for California Supervisors: How to Ensure They Comply With the State and Federal Laws That Affect Your Workplace Audio Conference Thursday, May 15, 2008 Many supervisors enjoy the "managing" part of their jobs--hiring the best people, interacting with their workers, and motivating them to succeed at what they do. What causes the most headaches for supervisors (and for you, the HR professional) is the "complying" part of their jobs--understanding employment laws and regulations and ensuring that their organizations follow these rules. . . . more FMLA Changes and New Proposed Regulations: What You Need to Know to Comply Now Audio Conference Wednesday, May 21, 2008 It's breaking news: President Bush just signed the very first changes to the federal Family & Medical Leave Act (FMLA) since the law was enacted 15 years ago. . . . more Employee Benefits: New Ruling Says Employees Can Sue Over 401(k) Mistakes; How to Protect Yourself Audio Conference Friday, May 23, 2008 The U.S. Supreme Court recently ruled that when fiduciary misconduct reduces the value of an individual account in a defined contribution plan, such as a 401(k), the harmed employee can sue for damages. . . . more Electronic Recordkeeping in California: What to Keep, What to Toss, What to Scan, and Where to Store It Audio Conference Wednesday, June 4, 2008 In today's workplaces, emailing, texting, blogging, and the Internet are a way of life. So are electronic records. You may have had your old paper recordkeeping system down flat, but it's a whole new world when you get rid of the paper and move to digital. . . . more Employee Orientation: Why It's a Crucial Part of Your Business; How to Energize, Integrate, and Retain Your Newest Hires Audio Conference Thursday, June 5, 2008 You've spent lots of time and money finding and hiring the best employees. Once they're on the job, however, many employers inadvertently discourage and chase off these new hires by offering ineffective or even off-putting orientation and on-boarding programs. . . . more Managing Generation Y: Who They Are, What They Expect, and How to Develop Them into Effective, Long-Term Employees Audio Conference Tuesday, June 10, 2008 You're likely facing all kinds of challenges in your workplace these days: constantly changing laws, downsizing, pinched budgets, and more. And on top of all that, your tried-and-true Boomers are starting to retire, leaving you with a mystifying batch of young workers collectively known as Generation Y. . . . more FMLA/CFRA Medical Certification: What's Allowed, What's Not, and the Best Ways to Stay Proactive and Compliant Audio Conference Wednesday, June 18, 2008 Administering leave requests covered by the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) can raise more confusing questions--and cause more headaches--than almost any other HR challenge. A particularly tricky part of this process involves medical certification. . . . more Politics in the California Workplace: What Your Employees Can--and Can't-- Say, and How To Maintain Civility and Legal Compliance Audio Conference Tuesday, June 24, 2008 Administering leave requests covered by the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) can raise more confusing questions--and cause more headaches--than almost any other HR challenge. A particularly tricky part of this process involves medical certification. . . . more Job Interviews in California: How To Get the Info You Want From Your Candidates Without Opening Yourself Up To Legal Liability Audio Conference Thursday, June 26, 2008 Interviewing job candidates--asking the tough, probing questions that separate the best applicants from the rest of the pack--is one of your most important duties. If you make mistakes or miss any warning signs, you could wind up with new hires who don't meet your standards, or . . . more More

Employee Travel: What Health and Security Tips Do You Have for Our International Travelers? More and more of our employees are traveling outside the U.S. and are going to remoter places. What suggestions can you offer in the areas of health and security? . . . more Benefits: What's the Extent of Our Risk Following the New U.S. Supreme Court 401(k) Ruling? I've read about the new 401(k) Supreme Court case. How far back can employees sue us if they claim we mishandled their retirement accounts? And how can we protect ourselves now for something that might have already happened? . . . more Hiring: Do We Really Need an At-Will Statement in All Employee Documents? We are in the process of reworking all of our selection and hiring paperwork. I'm trying to insist on strong at-will language throughout, from application to offer letter to handbook. But our management is trying to improve retention and wants to brand the company as "a great place to work." They think the at-will language contradicts that image they want to generate. So my question is, do you still recommend at-will language? What should I tell my bosses? . . . more Leaves: Can We Force Employees to Take Vacation During a Twice-Yearly Shutdown? We've been struggling with keeping production up because of employee vacations. So instead of trying to fight vacation schedules, we want to start shutting down for a week in December and again in July and making everyone take vacation during those weeks. Are there any laws about doing this or any problems that you foresee? How much notice do we have to give? How would we go about phasing this in? . . . more Hiring: Can We Refuse to Hire Smokers? My boss wants to have a truly smoke-free workplace, and he doesn't want to hire people who smoke. Can we do that? . . . more You're the Expert: How Can I Avoid Family Responsibility Discrimination Claims? I'm hearing more and more about "family responsibility discrimination," and I'm worried that employees will start suing under this theory. How should I treat workers who are parents and caregivers so I can avoid accusations of discrimination? . . . more Technology: Can We Prohibit Employees From Using Their Cell Phones at Work? We are a school that teaches developmentally disabled adults, and we want to tell our teachers that they are not allowed to use their cell phones while class is in session. Will we get in trouble if we do this? . . . more Time Off: Can We Require Employees to Provide Documentation of the Need for Leave to Spend Time with a Military Spouse? If an employee requests time off because his or her spouse is deploying for military service, can I ask for documentation to serve as proof? . . . more Short Takes: Travel Time My employees report to the yard to pick up equipment and then travel to the jobsite. I pay mileage for their travel time from the yard to the jobsite. If I send them from home to the jobsite first, then to the yard, do I have to pay them from that jobsite to the yard, even though the jobsite is closer to their homes than the yard? . . . more Short Takes: Wellness We have about 350 employees across 17 worksites, and the greatest number of employees we have in any one location is about 80. We'd like to start a health and wellness program, but how do we get it going when we have people all over the place? . . . more Short Takes: Meal Breaks We have a call center, and we're wondering how much flexibility we have in scheduling meal breaks. If we have to make sure employees have their meal break before working more than five hours, that's a pretty tight fit for us. What can we do to ensure adequate coverage while people take breaks? . . . more Telecommuting: What Should We Include in a Telecommuting Policy? Telecommuting can be a cost-effective alternative to traditional work arrangements or an accommodation for certain employees. A key component of a successful telecommuting program is a well-drafted policy that clearly defines the expectations, requirements, and goals of the telecommuters. Here is a sample policy you can adapt for your workplace. . . . more Age Discrimination: We Have a Five-Year Training Program; Can We Hire Only Younger People? We have a training program that involves five years of rotating assignments before employees are ready to really start the job. And it is a few years after that before they start to actually contribute significant profits. Because we have to invest so much in their training, can we have an age cutoff, such as not hiring people over age 50? If not, what can we do to ensure that new hires will work long enough to pay off our investment in them? . . . more Health and Safety: Are There First-Aid Standards That Apply to Our Workplace? We had an accident in the office last week, and we didn't have a trained person around to attend to the injured employee. It looks like there might be a lawsuit attacking our accident and injury preparedness. In any event, the incident brought up the issue of how much first-aid skill we need to have in the workplace on a daily basis. Do we have to have first-aid specialists on duty? What are our first-aid requirements? And, what liability do our workers have when they render first aid? . . . more Employee Leaves: What Should I Do When Managers Don't Want to Reinstate Employees Who Went Out on FMLA/CFRA Leave? We're having problems with people coming back from FMLA/CFRA leave. Two particular situations worry us. In one case, the manager says, "I've redistributed the work and there's no job anymore." And in the other, the manager says, "We've hired a temp who is much better--we don't want the person back." Don't we still have to restore the employees who want to come back? Help! . . . more FLSA Exemptions: How Many Workers Must Report to a Working Foreman to Make Him or Her a 'Supervisor'? We have a lot of production workers, several "working foremen," and a few supervisors. A foreman has said that because of the number of people working under him (10 employees), he should be paid as a supervisor. So now we're trying to sort out the distinction between workers, working foremen, and supervisors. Is there a specific number of employees that is too many for a foreman to be responsible for? How should we define these roles? . . . more Employment Contracts: Could I Be Entering into 'Implied Contracts' Without Knowing It? We fired an employee, thinking he was "at will," but now he claims we made an oral promise that he could be fired only for cause. We'll fight this one in court, but how do we keep from having misunderstandings like these? . . . more You're the Expert: What Should We Do About Informal Business Emails? Our employees are too informal in their work emails to clients, vendors, etc. They are saying things they shouldn't--such as speaking negatively about company policies--and their tone is too informal for outside business contacts. What can we do? . . . more Domestic Partners: Do We Have to Give 'Kin Care' Leave to Domestic Partners? An increasing number of our employees are registering with domestic partners. Can an employee take kin care leave to spend time with his or her domestic partner? . . . more Short Takes: School Functions Do we have to let people off work to attend their children's kindergarten functions? . . . more More headlines