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California Employment Law & Answer
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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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Travel Pay: What Time Is Paid Work Time When Nonexempt Employees Travel?
4/25/2008
We're having a devil of a time figuring out precisely how to pay our nonexempt employees when they travel. If they travel by air and stay overnight, do we start paying as soon as they leave their house for the airport? Then let's say the plane lands at 7 p.m., they go to the hotel, settle in, and go out for dinner. When do we stop paying--when they arrive at the hotel? Also, I gather that we can pay a lower rate for travel time--do most companies do that? If we end up paying overtime for travel periods, does that get paid at the lower travel rate? Sorry for the picky questions. . . . more
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Hiring: What Are Some of the Common Things People Lie About on Resumes?
4/18/2008
We're trying to be as careful as possible in prescreening the people we interview. We hear a lot about resume falsification--some amazing percentage of resumes supposedly have "mistakes" or outright lies on them. What are some of the common things people lie about on their resumes, and will a routine background check pick up the lies? . . . more
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Workers' Compensation: Can Workers Collect Sick Pay on Top of Disability Pay?
4/4/2008
When an employee is out of work on workers' compensation--and also is getting partial pay--and he or she takes sick days out of our bank, does he or she get paid sick pay plus workers' comp? Or can we somehow allocate the sick time to just the difference between workers' comp and the employee's regular pay? . . . more
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Hiring: Is It a Good Idea to 'Google' Applicants?
3/28/2008
I recently returned from a meeting where one expert recommended doing a Google search on applicants as part of the evaluation process. He said you often find very interesting things about people, especially if they blog or have their own website. Someone else thought it might be an invasion of privacy, . . . more
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Terminations: If Employment Is At Will, Can I Fire for Any or No Reason?
3/14/08
Employees are hired for no specific time period, with no contractual relationship, and employment can be terminated by either party, for any or no reason, with or without notice, unless specifically prohibited by law. These last five words are the cause of the vexation and the reason you need to be cautious whenever terminating an at-will employee. . . . more
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