http://www.ca-answers.com California Employment Law Answers (www.ca-answers.com) en-us web@ca-answers.com http://www.ca-answers.com/public/962.cfm We had a customer call our office and ask us if we did random drug testing of our employees. We said we do not, and he told us that if we did, one of our employees would not pass and went on to describe that employee. We asked if something happened while he was a customer here http://www.ca-answers.com/public/961.cfm A bunch of our most senior workers are preparing to retire in the next few years, and I'm frankly worried about what's going to happen to our company when they're gone. They possess years of experience and know-how that we have no idea how we're going to replace, and new hires are harder and harder to come by these days--even in this crummy economy. Any suggestions for us? http://www.ca-answers.com/public/958.cfm A few of our employees call in sick on a semi-regular basis with legitimate but unpredictable health issues relating to conditions like epilepsy and asthma. Is this time off covered by FMLA/CFRA? The employees can't give us much advance notice because their symptoms come on so suddenly. http://www.ca-answers.com/members/940.cfm I would like direction on how to determine additional premium pay for employees with certifications, such as a Certified Public Accountant. Is there a general rule or guidance on determining premium pay? I appreciate your help. http://www.ca-answers.com/members/939.cfm I ran a background check on an employee I just hired and discovered that she faces serious criminal charges pending a hearing but has not been convicted. Some of the charges (to name a few) are assault in the first and second degree and theft over $500. Technically she didn't lie on the application because she has not yet pleaded guilty or been convicted. But I don't want to employ someone who has the potential to commit these types of crimes. What do I do? http://www.ca-answers.com/members/938.cfm Can an employee take an intermittent leave to care for a dependent child (under age 18) who is giving birth and then take time to assist in the care of the grandchild for doctor's appointments and the like? http://www.ca-answers.com/members/937.cfm I know some big ERISA regulations are expected to be issued later this year. Where can I go for more information? http://www.ca-answers.com/members/936.cfm We have many employment documents that bear a seal or have a signature or a notary's stamp. If we scan the documents and store them electronically, can we keep (and properly index) only the original pages that have the seal, signature, etc., and destroy the rest of the pages? Or, even better, can we scan the whole document and destroy all of the original pages? http://www.ca-answers.com/members/935.cfm What are the rules regarding termination during an employee's probationary period, which for us is the first six months of employment? http://www.ca-answers.com/members/934.cfm We've got a few employees who are really lobbying to bring their dogs to work. We see a lot of pros and a lot of cons--what do you think? http://www.ca-answers.com/members/933.cfm We have both a construction staff and an office staff, and we're trying to put together a policy for paying employees in the event of an emergency. What happens if the construction staff needs to be sent home during inclement weather or the office staff and upper management can't work because their computers are down? What if we're forced to completely shut down? How would pay be determined for nonexempt as well as exempt employees in these kinds of circumstances? http://www.ca-answers.com/members/932.cfm We have a lot of teenagers working here this summer. Does California's new cell phone law have more stringent restrictions for them than for adults? http://www.ca-answers.com/members/931.cfm I work at a church and have been told that we're exempt from the California Fair Employment and Housing Act's (FEHA) requirements. Is this true? http://www.ca-answers.com/members/930.cfm What's the new IRS mileage rate? http://www.ca-answers.com/public/957.cfm We're encountering challenging disability accommodation situations because of differences in California and federal law. Is the California definition of "disability" always going to be more favorable to employees than federal law? I also don't understand why whether a person has a disability is determined under California law without considering mitigating measures. If a person is taking medication that completely eliminates the disability, do we have to accommodate it? http://www.ca-answers.com/public/921.cfm 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? http://www.ca-answers.com/public/920.cfm We're in the process of rewriting our employee handbook, and we want to modify our employee appearance policy. What do we need to consider? We want our employees to look professional, but we don't want to get caught in a lawsuit. http://www.ca-answers.com/public/911.cfm We have an "aggressive" employee who seems to make her co-workers uncomfortable by loudly criticizing them; we think we have a bully on our staff. Is workplace bullying illegal? Do you have any tips for us to recognize and prevent bullying at work? Thanks. http://www.ca-answers.com/members/889.cfm A written independent contractor agreement is essential to document the mutual understanding between you and your contractor that the person is not an employee. This month, we're providing a sample general agreement that can be customized as needed. Online subscribers can access this sample form now. http://www.ca-answers.com/members/888.cfm We have an employee who wants to use intermittent leave so she can receive fertility treatments. Do we have to let her do this?