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California Employment Law & Answer
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Customer Tip About Employee Drug Use—What To Do?
8/29/2008
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 . . . more
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What to do about employment "brain drain"?
8/22/2008
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? . . . more
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Accommodation: What Should We Consider When Addressing Employees with Disabilities?
8/1/2008
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? . . . more
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Can We Force Employees to Take Vacation During a Twice-Yearly Shutdown?
7/25/2008
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
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Can You Help Us Rewrite Our Dress Code?
7/18/2008
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. . . . more
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Family Leave: Can I Fire Someone on Family Leave?
6/13/2008
Some issues have arisen with several of our employees who are out on leave--their jobs have been changed or eliminated, and one employee has done something that warrants termination. But someone told me that these workers are "protected" because they are on leave. Can we go ahead and fire them, or will we be slapped with a retaliation lawsuit? . . . more
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Leave: Can We Change Our Policy to Limit Carryover of Accrued PTO Time?
5/23/2008
We thought managing PTO was going to be easy, but we've found some problems with carryover of PTO hours. We currently allow unlimited carryover, but that's going to cause some problems down the road (like three-month vacations). So we'd like to limit carryover. Is there a carryover rule? . . . more
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Sexual Harassment: Can Third Parties Sue for Harassment?
5/16/2008
We've got two situations in which third parties are complaining about sexual harassment. In one case, an office couple is "carrying on" in front of another employee who is complaining about a "hostile environment." In the other case, employees--male and female--are complaining that a co-worker was promoted because she is sleeping with the boss. That sounded like a dangerous situation to me, but now a colleague tells me that can't be harassment because males and females are being treated the same--badly, but the same. What rights do third parties have when it comes to harassment, and what actions should I take? . . . more
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