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Feature Articles

Find the most recent California Employment Law Answers articles here.

Click on any headline below to find the full article. And be sure to click the "More Headlines" link at the bottom of the page to read articles you may have missed.

Compensation: How Do We Calculate Premium Pay for Employees with Certifications?
Online Exclusive August 2008
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. . . . more

Hiring, Part 1: Can I Fire a New Employee Whose Background Check Reveals Pending Criminal Charges?
August 2008
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? . . . more

Intermittent Leaves: Can a Worker Take Leave to Assist in a Grandchild's Care?
August 2008
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? . . . more

Benefits: What Do I Need to Know About the Proposed New Disclosure and Reporting Requirements for ERISA Plan Service Providers?
August 2008
I know some big ERISA regulations are expected to be issued later this year. Where can I go for more information? . . . more

Recordkeeping: Can We Destroy Paper Originals if We Keep Scanned Electronic Copies on File?
August 2008
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? . . . more

Terminations: Can We Fire an Employee During the Probationary Period?
August 2008
What are the rules regarding termination during an employee's probationary period, which for us is the first six months of employment? . . . more

Online Exclusive: Independent Contractor Agreement
Online Exclusive July 2008
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. . . . more

Family and Medical Leave: Can an Employee Use Intermittent FMLA Leave for Fertility Treatments?
July 2008
We have an employee who wants to use intermittent leave so she can receive fertility treatments. Do we have to let her do this? . . . more

Compensation: How Do We Set Up a Pay-for-Performance System?
July 2008
How do we go about setting up a pay-for-performance incentive system? We are in the very early stages and just don't know where to start. Thanks. . . . more

Privacy: We Think an Employee Stole Company Data on His iPod; Can We Confiscate It?
July 2008
We suspect an employee has stolen proprietary data from us using his iPod. We have suspicions but no hard facts. Can we confiscate the iPod? What do we do from here to protect our information? . . . more

Independent Contractors: What Do I Do with My 1099 Contractor Who Performs Employee Work but Doesn't Want to Become an Employee?
July 2008
I have a 1099 contractor who does not want to become an employee, but technically she's been performing the same functions an employee would. She has been a contractor for over a year. How would you advise us to handle this situation? . . . more

You're the Expert
July 2008
We want to make our holiday policy more inclusive, and we're looking for another way to say that employees get "Christmas" and "Easter Sunday," etc., off. Any ideas? . . . more

Employee Handbooks: What Are the Pitfalls to Watch Out For?
July 2008
I'm embarrassed to say that my company does not have an employee handbook of any kind, and I think it's high time we got one together. Any tips for us? . . . more

Short Takes: Background Checks
July 2008
We're hiring maid staff for our hotel. Is there a specific type of background check we should perform? We're looking to do the minimum possible while still being responsible. . . . more

Short Takes: Recruiting
July 2008
We're interested in using Facebook and similar websites to locate potential job applicants. Would we be violating their rights in any way by contacting them out of the blue when they haven't applied to our company for work? . . . more

Short Takes: Disaster Preparedness
July 2008
Are there any organizations (private or public) that can help us with our emergency preparedness other than FEMA? . . . more

Additional Items

Complete Topic List
Benefits & Leave
Compensation
Discrimination
Health & Safety
HR Administration
Performance Appraisal
Staffing & Training
Unions