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I know that California law requires both parties’ consent to record or monitor phone calls. So if we intend to record or monitor incoming phone calls, we need to have a recording that says that the call may be monitored or recorded. However, what if we are calling out to a customer or client? At […]
We’re considering moving to a Paid Time Off (PTO) program instead of our current separate bundles of vacation, sick time, and personal leave, and we have a bunch of questions. When companies make this switch, do they just add up the number of days and then lump them all together? Impose any restrictions on taking […]
Can you clarify for me what a probationary period means in terms of our legal rights as an employer? I thought that if we had a 90-day probationary period, that meant we could easily terminate a new employee without any legal hassles. But I went to a conference, and the speaker said that a) we […]
Suppose an employee takes time off under the Family and Medical Leave Act (FMLA) for his or her own serious health condition, and you require a healthcare provider’s certification confirming the need for leave. After a year goes by, the employee needs additional leave for the same health problem. Can you require this person to […]
In the November 2005 issue of the California Employer Advisor, we reported on a case that highlighted the tension between the requirements of California disability bias law, the state Compassionate Use Law, and the federal Controlled Substance Act, which criminalizes drug use and possession. The case involved an employee who was refused employment after he tested positive […]
Handling employee requests for time off due to illness or injury can be one of the most difficult–and frustrating–parts of an employer’s job. That’s because a complicated array of state andfederal laws governing family leave, workers’ compensation, and disability discrimination may come into play–each involving different rules, definitions, and obligations. And complying with one law won’t […]
Because of the vulnerability of our systems to insiders, if someone gives two weeks’ notice before quitting, we usually have the person leave the premises right away. We handle the termination process in the next day or so under supervised conditions. My first question is, do we have to pay these people for the whole […]
I need some help with the administrative exemption as it relates to IT workers. We are a software consulting firm. Each consultant works pretty independently, managing and doing work on their own projects directly with clients. Their work is a mix of upper-level tasks (systems analysis, training, project management) and lower-level tasks (installing upgrades and […]
I have a question about determining the exempt or nonexempt status of our lowest-level managers. We think they are exempt, but we’ve read about some pretty expensive lawsuits and want to avoid that. We classify these employees as exempt, and they seem happy enough with that designation. Most of them are eager to move up […]
A new department of Labor opinion letter sheds light on when an employee does—and doesn’t—have the right to FMLA leave when adopting a child or receiving a child for foster care. We’ll explain the rules and point out some key differences in this area between the FMLA and the California Family Rights Act (CFRA). FMLA […]