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California Employment Law Answers articles

Articles from past issues of the California Employment Law Answers monthly newsletter are listed below.

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Online Exclusive: Sample Policy on Deductions from Pay
CELA Online Exclusive June 2008
All deductions from an employee's wages must be made in accordance with applicable law and, when required, the employee's consent. This sample policy spells out some of the key rules. . . . more
Discipline: What Should We Do When an Employee Refuses to Sign a Disciplinary Form?
June 2008
After discussing discipline with an employee, we always ask the person to sign the disciplinary form so there is a record that we talked with the employee about the issue. Quite often, the person refuses to sign. What do we do if an employee sues us someday? Would a court accept a document that has "employee refused to sign" written on it? Should we just bag the whole idea of written warnings and avoid this problem altogether? . . . more
Technology: What Should I Keep in Mind When Drafting an Electronic Surveillance Policy?
June 2008
We are seeing a need to engage in more intensive monitoring and surveillance of our employees' tech equipment use. I want to get a new draft policy circulating. What should I include? . . . more
Recordkeeping: May Supervisors Keep 'Desk Files' of Personnel Records?
June 2008
I think that all documentation should be kept in the HR department, but supervisors like to have copies for their desk files. What are the pitfalls of allowing supervisors to keep employee files at their desks? What practices can you recommend? . . . more
Workplace Relationships: What Do We Do About a Married Employee Who May Be Romantically Involved with the Cleaning Woman?
June 2008
Many of our employees believe that their married co-worker--I'll call him "Bob"--is having a romantic relationship with a woman who cleans our offices. This woman works for a cleaning company we've hired to come in three times a week. I've received complaints about their public displays of affection (although I'm not sure about the details) and the fact that he takes out the trash for her, which allegedly interferes with his own job. People (particularly Bob's manager) are upset from a moral standpoint, but Bob isn't really breaking any rules, I don't think--he has nothing to do with the cleaning company we hired. What should I do? . . . more
You're the Expert: How Can We Help Employees Return to Work?
June 2008
We need to improve our system to help employees return to the job as soon as medically possible. Can you share some tips on how to enhance our return-to-work program? . . . more
HR Administration: How Can I Stop Being Put in the Middle Between My Employee and His Ex?
June 2008
An employee's ex-spouse calls me when she needs a new insurance card, forms, etc., for their child rather than contacting the insurance company or her ex. I'm tired of being put in the middle and feel this is something that should be handled between the two individuals. If she had a problem with an issue after contacting the insurance company, I would gladly help--but routine matters, I feel, should not involve me. What should I do? . . . more
Wage and Hour: Is It Legal to Suspend an Employee Without Pay as a Form of Discipline?
June 2008
My company often sends employees home without pay for various offenses, such as egregious dress code violations, insubordination, and slacking off. Sometimes, the employee is told to return the next day, and sometimes the suspension runs for a few days or more while we investigate. I wouldn't want anyone to know I'm asking, but is it legal for us to do this? . . . more
Short Takes: Dress Codes
June 2008
Is it legal to have a dress code that prohibits employees from wearing religious icons such as cross necklaces? . . . more
Short Takes: Investigations
June 2008
What do we do when we've completed an internal investigation and the alleged wrongdoer just denies the allegation, leaving us with a "he said, she said" problem? . . . more
Short Takes: Leaves
June 2008
Can we require an employee to give us advance notice if he or she will be going out on leave under the federal Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA)? . . . more
Employee Travel: What Health and Security Tips Do You Have for Our International Travelers?
CELA Online Exclusive May 2008
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
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