Drawing on our panel of California labor attorneys and employment law experts, California Employment Law Answers delivers concise solutions to the questions you and your fellow employers wrestle with every day.

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You're the Expert: What Should We Do About Informal Business Emails? Our employees are too informal in their work emails to clients, vendors, etc. They are saying things they shouldn't--such as speaking negatively about company policies--and their tone is too informal for outside business contacts. What can we do? . . . more You're the Expert: What Should We Do with Supervisors Who Are in Relationships with Subordinates? We have two supervisors who appear to be in relatiosnships with subordinates. How do we approach them, and what should we say? . . . more In every issue, we take one reader's questions and ask our other readers to weigh in. If you have a question for consideration, post it in our Discussion Forum.

Terminations in California: What to Say, What Not to Say, and 10 Strategies for Staying Out of Court Audio Conference Tuesday, July 8, 2008 Every HR person has had to do it at one time or another, but terminating employees is never easy or enjoyable--even with practice. It's also one of the riskiest tasks you . . . more Wage/Hour: Starbucks Tips Ruling a Jolt to Employers; How To Keep Your Company Out of Court Audio Conference Wednesday, July 9, 2008 As you've undoubtedly heard, Starbucks was recently slapped with a venti-sized $100 million judgment for violating California law by having shift supervisors share in . . . more Benefits Plan Debit Cards: The Secrets to Cutting HR Costs and Paperwork While Increasing Employee Buy-In Audio Conference Wednesday, July 9, 2008 Many savvy California employers have turned to cutting-edge benefits plans--including flexible spending accounts (FSAs), health reimbursement arrangements (HRAs), and . . . more Employee Blogs and Websites: Protect Yourself Against the Business and Legal Risks When Workers Go Online Audio Conference Tuesday, July 15, 2008 Many employers are dealing with troubling situations these days as a result of employees' blogs and websites. You may have already encountered something like the . . . more Workplace Bullying: Practical Steps for Recognizing, Managing, and Eliminating Bullies Audio Conference Monday, July 21, 2008 Many employers are dealing with troubling situations these days as a result of employees' blogs and websites. You may have already encountered something like the . . . more HR Metrics: How to Measure--and Maximize--the Strategic Value of Your Workforce Webinar Tuesday, July 22, 2008 Many HR professionals spend their days focused on internal challenges: finding new ways to motivate and retain workers, enforcing policies that comply with federal and state employment laws, and trying to dig out from under a . . . more Scantily-Clad Employees: How To Maintain a Professional-Looking Workforce Even When the Mercury Rises Audio Conference Wednesday, July 23, 2008 From flip-flops to tube tops, "Daisy Duke" shorts to arm-length tattoos, maintaining a professional-looking workforce is an uphill battle for employers--particularly in the summertime, when employee flesh is on display as far as the eye can . . . more Wage & Hour: How to Conduct an Effective Wage/Hour Self-Audit and Ensure You're In Compliance with Overtime and Other Wage-Related Rules Audio Conference Tuesday, July 29, 2008 Regardless of how careful you are, it's difficult to know whether certain workers are truly exempt from overtime, and whether your job descriptions accurately reflect your workers' real duties. It's also disconcerting to know . . . more Employee or Independent Contractor? How to Classify Your California Workers Correctly and Avoid Legal Trouble Audio Conference Wednesday, July 30, 2008 Around California and the rest of the country, lawsuits and enforcement actions targeting employers for allegedly misclassifying their workers are on the rise. In some cases, employers deliberately . . . more Electronic Recordkeeping in California: What To Keep, What To Toss, What To Scan, and Where To Store It Webinar Friday, August 1, 2008 In today's workplaces, emailing, texting, blogging, and the Internet are a way of life. So are electronic records. You may have had your old HR recordkeeping system down flat, but it's a whole new world when you . . . more More

Online Exclusive: Sample Policy on Deductions from Pay 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? 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? 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? 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? 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? 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? 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? 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 Is it legal to have a dress code that prohibits employees from wearing religious icons such as cross necklaces? . . . more Short Takes: Investigations 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 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? 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 Benefits: What's the Extent of Our Risk Following the New U.S. Supreme Court 401(k) Ruling? I've read about the new 401(k) Supreme Court case. How far back can employees sue us if they claim we mishandled their retirement accounts? And how can we protect ourselves now for something that might have already happened? . . . more Hiring: Do We Really Need an At-Will Statement in All Employee Documents? We are in the process of reworking all of our selection and hiring paperwork. I'm trying to insist on strong at-will language throughout, from application to offer letter to handbook. But our management is trying to improve retention and wants to brand the company as "a great place to work." They think the at-will language contradicts that image they want to generate. So my question is, do you still recommend at-will language? What should I tell my bosses? . . . more Leaves: Can We Force Employees to Take Vacation During a Twice-Yearly Shutdown? 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 Hiring: Can We Refuse to Hire Smokers? My boss wants to have a truly smoke-free workplace, and he doesn't want to hire people who smoke. Can we do that? . . . more You're the Expert: How Can I Avoid Family Responsibility Discrimination Claims? I'm hearing more and more about "family responsibility discrimination," and I'm worried that employees will start suing under this theory. How should I treat workers who are parents and caregivers so I can avoid accusations of discrimination? . . . more Technology: Can We Prohibit Employees From Using Their Cell Phones at Work? We are a school that teaches developmentally disabled adults, and we want to tell our teachers that they are not allowed to use their cell phones while class is in session. Will we get in trouble if we do this? . . . more Time Off: Can We Require Employees to Provide Documentation of the Need for Leave to Spend Time with a Military Spouse? If an employee requests time off because his or her spouse is deploying for military service, can I ask for documentation to serve as proof? . . . more Short Takes: Travel Time My employees report to the yard to pick up equipment and then travel to the jobsite. I pay mileage for their travel time from the yard to the jobsite. If I send them from home to the jobsite first, then to the yard, do I have to pay them from that jobsite to the yard, even though the jobsite is closer to their homes than the yard? . . . more More headlines