Frequently Asked Questions

Suspending for Discipline

Question: We want to suspend an employee to get his attention.  What do you think? John has been late a number of times over the last six months. His supervisor has given him a verbal warning, and a written warning. He’s been warned that one more tardy this month and...

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Termination Package

Question: What Must I Give Employees Who Are Leaving Our Company? Answer:  In addition to final payment of wages, employees who are separating employment in California must receive specific documents on their way out the door.  Make sure your documents are up to date....

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Pregnancy Disability Leave

Question: Our employee has been out on PDL eight (8) weeks and plans on taking an additional six weeks off after her pregnancy disability ends to bond with her baby.  We have 15 employees and she does not qualify for FMLA or CFRA. Do I need to do anything? Answer: If...

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Outside Salespersons

Question: What is the minimum pay required for outside salespersons in California? Answer: If an Outside Salesperson is properly classified as “exempt,” by meeting the job duties test for an Outside Salesperson, there is no minimum salary requirement.  An Outside...

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Meeting Time

Question: If we have an employee working from 7:00 a.m. to 4:00 p.m. (employee takes a one hour unpaid meal period) and then have a mandatory meeting the same day from 5:30 p.m. to 6:30 p.m., do I just pay him for the hour for the meeting (at the overtime rate) or do...

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Leaving Early

Question:  We have couple of employees who work eight hours per day.  Currently they take a one hour meal period after working four hours.  Is it permitted if they take a 30 minute meal period and then end their day 30 minutes earlier?  The employees would prefer to...

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Layoffs – UGH!

Question:  We have to cut expenses significantly – and it’s come down to reducing headcount. What should we consider? Answer: From time to time employers are challenged with cutting payroll expenses.  So what should you consider when you have to make that tough...

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Harassment Prevention Training

Question: Are we required to train all California supervisors/managers and non-supervisory employees in harassment prevention (AB1825)? Answer: Yes.  If you have 5 or more employees or contractors, you are required to train all managers/supervisors and non-supervisory...

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Extended Medical Leave

Question: When an employee is out on an extended medical leave due to a work-related injury, does the employee continue to accrue vacation? Answer: There is no legal requirement to provide vacation benefits to employees.  If you do offer vacation benefits to...

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Medical Coverage for Leaves

Question:  How long are employers required to continue paying medical premiums for employees who are on an unpaid medical leave of absence?  Answer:   Not as long as many employers may think.   Outside of legally regulated leaves of absence and collective bargaining...

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Uniform Maintenance

Question: We require our employees to wear a company polo shirt at work.  Can we provide one shirt per year and have employees pay for a new shirt if it starts looking worn or is damaged during the year? Also, do we have to pay for the maintenance of the shirts?...

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Summer Intern

Question:  We want to hire a summer intern.  Do we have to pay them? In most “for profit” businesses, the answer is generally “yes.”  The Department of Labor released Fact Sheet #71 in January of 2018 which explains that the “primary beneficiary test” should be used...

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Employing Minors

Question: Can we employ a minor who is age 16? Answer: Yes, but there are restrictions on the employment of minors under the age of 18 that would apply in this case. You must acquire the required work permit before employing a minor. Permits are required year-round,...

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