- 2007 -
Q: My employer's sick/personal days policy provides for "illness, injury, or time for attending medical appointments." My manager recently said that sick/personal days are only for "non-routine" medical appointments; she said for "routine" appointments I should use my vacation days. Is it legal for an employer to inquire about the nature of my medical appointments? Please advise. - Karen (Fremont, CA)
A: Typically, vacation and sick time are voluntary benefits and as such the employer gets to make the rules regarding same. However, an employer has no right—to my knowledge—to discern between types of medical appointments and then apply different paid time-off benefits. Your employer may/should be in the process of seeking professional/legal advice in order to avoid discriminatory application of their policies. - Jeannine, HR Director USA (12/30/2007)
Q: Can I pay a minor less than a regular employee? - Candy (Paso Robles)
A: In limited circumstances, minors may be paid less than the minimum wage. Employers may pay “learners” (individuals without previous related experience) 85% of the minimum wage rounded to the nearest nickel, but not less than $6.38 in 2007 and $6.80 in 2008. This “below minimum wage” applies for the first 160 work hours only; then the minimum wage requirement applies. - Jeannine, HR Director USA (12/23/2007)
Q: My son works for a limousine service. The company policy is that if any vehicle is scratched or dented, or any accident occurs when the employee is out on company business, the employee is held liable and is made to pay for the repairs. Is this legal? And can she make him pay for any part of the repair bill? - Vickie (Atascadero)
A: While I am not an attorney and therefore cannot speak with the authority of one; I can tell you that the California Wage Order governing the transportation industry states: “No employer shall make any deduction from the wage or require any reimbursement from an employee for any cash shortage, breakage, or loss of equipment, unless it can be shown that the shortage, breakage, or loss is caused by a dishonest or willful act, or by the gross negligence of the employee.” I would therefore conclude that the “company policy” may be one that your son could challenge if he so desires. - Jeannine, HR Director USA (12/16/2007)
Q: I recently found that I am the lowest paid employee at my company by about 15%. In nearly two years here, I have never had a review and no change in rate in over a year (my “temp” rate was raised about 25% when I was made permanent). It seems unfair that recent hires, with no practical work experience, have started at double my “temp” rate. I have asked several times for my position to be addressed but am told management is too busy. Yet one of the new hires just got a review! What do you suggest? - Steve (San Luis Obispo)
A: Much depends on company policy especially since it seems you were a “temp to regular hire.” However, there are laws to protect an employee from unfair pay practices; if you are in a “protected class,” you may have grounds for such a claim on the basis of same. My advice is to be persistent with your supervisor, point out the facts as you have stated them and let management know that you merely wish to be treated consistent with policy and as others are treated. If this doesn’t work then ask to speak with your supervisor’s boss. I’m hoping your employer has an Open Door Policy or a Grievance Procedure and indeed responds to your concern. - Jeannine, HR Director USA (12/09/2007)
Q: I work for a small manufacturing firm. We have a number of vendors who have been known to give fairly expensive gifts during the holidays. Clearly they’re hoping we favor them with our business. Are there any state or federal guidelines regarding what I can accept? Am I under any obligation to a supplier if I accept a gift? - Roman (Santa Maria)
A: The answer is “yes;” there are indeed tax laws that pertain to the value of gifts received. Your employer’s payroll person should have the dollar value limitations on gifts that can be accepted without reporting for personal income tax purposes. It’s also a good idea to review the company’s Conflict of Interest Policy to ensure there is none when accepting gifts; this practice can be especially precarious when involved in government contract work for example. Err on the side of caution if you want to be safe. - Jeannine, HR Director USA (12/02/2007)
Q: I’m considering sponsoring an office party for my employees for the holidays but I’m afraid that things will get out of control. Any suggestions? - John (Pismo Beach)
A: Yes. You might provide some guidelines to your employees before the event and be sure everyone is aware. These guidelines would include attire, specific start and end times, specify attendees (spouse or significant other, adults only, etc.) and define any other expectations that are important to you. If your employees know the rules ahead of time they are more likely to follow them …and enjoy! - Jeannine, HR Director USA (11/25/2007)
Q: What should I do if one of my employees drinks too much alcohol at a company sponsored event? Am I liable for their safety? - Kathy (Santa Maria)
A: If an employee appears intoxicated you should definitely provide safe transportation home. If an injury occurred, you might very well be responsible since you are the sponsor of the event; check with your workers’ compensation insurance carrier. - Jeannine, HR Director USA (11/18/2007)
Q: I plan on having a holiday party for my employees; is it ok to serve alcohol? - Jill (Solvang)
A: It is acceptable to serve alcohol at such an event but if you do, consider communicating with your employees before the event advising them to drink responsibly. I would also advise having non-alcoholic beverages available. - Jeannine, HR Director USA (11/18/2007)
Q: I have been out of work for two years. I have applied with six prominent companies for multiple positions and have been turned down except once. My question is, do employers keep a personnel file on you for the positions you apply for or do they throw them away? If so can I look at this file? - Robert (Visalia)
A: Companies do not “construct” personnel files on applicants; applications are however, often retained in some sort of “recruitment file” for a period of time. If you have applied for a position with a company and would like a copy of your application you can contact the company and request a copy; beyond that, if you have questions regarding the hiring practices of a company you should contact the Human Resources Department. Don’t give up; the right job is out there for you! - Jeannine, HR Director USA (11/11/2007)
Q: I hired an employee with a disability about a year ago. When I initially hired this person we discussed "reasonable accommodations" and I concluded that we were able to meet those accommodations. As time has gone by, this employee has increased his list of needed accommodations stating that he can not do his job without them. I am having a hard time keeping up with it all and I think some of his requests are not "reasonable." I don't want to violate any ADA laws. What options do I have? - Anonymous
A: You may require certification by a physician that specifically outlines restrictions that need to be accommodated for this employee. Consider arranging a company paid evaluation by your physician against the Job Description to obtain information/definition regarding required accommodation(s). On the other hand, an employer is not required to reasonably accommodate a qualified individual with a disability if it shows such accommodation would cause an undue hardship or if there is a direct threat to health and safety. - Jeannine, HR Director USA (11/04/2007)
Q: I have an employee who has two kids. She has been taking more time off lately to attend her children's doctor's appointments and school functions. One of my other employees has been complaining quite a bit about it. She feels that it isn't fair that parents are allowed more personal time off than non-parents. Can I be sued for discrimination? Should I discontinue giving employees time off to tend to their children's issues or should I be giving as much time off to those without children? - Pauline (Paso Robles)
A: California law requires certain employers with 25 or more employees to allow an employee up to 40 hours per calendar year to participate in the school activities of their children in grades K-12. Additionally, there are leave of absence laws (FMLA/CFRA/PDL) that protect employees with medical issues. As long as you are in compliance with these laws and company policies you shouldn't have to worry about discrimination issues. - Jeannine, HR Director USA (10/28/2007)
Q: I work in the shipping and receiving department for a pharmaceutical company. Depending on the day's work load, I work between 8-10 hours a day, five days a week. Sometimes we get so busy that my boss requires us to work through our lunch. He's great about paying us our overtime but sometimes I need my lunch break to run errands that I can't after work. When I asked ... he said that he can require this of us as long as he allows us to leave early at the end of the day. This doesn't seem right to me. - Chris (Culver City)
A: California law states that an employer must provide a meal break for every work period of more that five hours. These breaks must be at least 30 minutes long, must relieve the employee of all duty, and the employee must be allowed to leave the premises. An exception to this law requires written agreement between the employer and employee and there are specifics regarding the qualifiers; talk to your manager and involve your HR Manager. You need your lunch break! - Jeannine, HR Director USA (10/21/2007)
Q: My employer recently began deducting funds from my paycheck for child support. When I informed them that I had not authorized these deductions they still refused to reimburse me. What legal action can I take? - Emery (Porterville)
A: Child support garnishments are court ordered and employers are required to comply with the order with or without an employee's authorization. In fact, employers may face severe penalties for non-compliance. Your only course of legal actions is through the court process related to your garnishment. - Jeannine, HR Director USA (10/14/2007)
Q: I am a full-time salaried exempt employee. I usually work Monday through Friday but my boss recently asked me to come in every other Saturday, in addition, to help catch things up during our busy season. I'm already working 40+ hours. Do I have the right to refuse? - Gina (Tulare)
A: As an exempt employee you can be worked as long as is necessary to keep the business running and profitable. Salaried employees are typically hired to "do a job" and that usually means whatever it takes to get the job done; refuse if you will but it may be at your own risk. I'd advise you to communicate and compromise before refusing to work. - Jeannine, HR Director USA (10/07/2007)
Q: I want to send some of my employees out of town to attend a conference. Besides remaining at conference all day, they will have to spend two hours on the road there are back. Do I have to pay them for this time? - Frank (Orcutt)
A: If your employees who are traveling are indeed hourly (non-exempt)and are required to attend the training, travel time must be paid. You will need to check your company policy for current practice; some employers pay straight time for travel to training; this is permissible under CA law and under most Wage Orders. - Jeannine, HR Director USA (09/30/2007)
Q: I have been with a company for fifteen years. Recently a co-worker, who does the same job, was promoted above me. He has only been with the company for five years and I even helped train him. This doesn't seen right or fair. Is this legal? - Candace (Santa Maria)
A: Selection decisions for promotions should be based upon knowledge, skills and abilities of the individual being promoted OR the decision to promote could be based upon merit/tenure in the position. Either way, the decision to promote is likely a legally sound one. If you feel you have been overlooked my advice is "talk to your supervisor." - Jeannine, HR Director USA (09/23/2007)
Q: I have an employee who recently informed me that she is pregnant. I am worried that the physical demands of her job could be too much for her. I'd like to move her to department where the work is much lighter. Can I do that? - Stan (Porterville)
A: You may not discriminate in taking such action; if her doctor has indicated she has restrictions precluding her from continuing in her current position then you indeed should accommodate and find a position/assignment that fits the medical limitations. Arbitrary reassignment is not advised; pregnancy should be treated as any other disability. - Jeannine, HR Director USA (09/16/2007)
Q: During a two-week pay period, I took four hours vacation time, holiday time and worked eight hours overtime. Is my employer required to pay me eight hours of overtime pay? - Name Withheld by Request
A: The answer to your question is that overtime is always paid on hours worked. Therefore, your employer in not obligated to consider holiday, vacation time or sick time in the calculation of overtime unless you actually worked more than 8 hours in a day or more than 40 hours in a week. A few employers have a generous policy and do consider all hours in a pay period in the calculation of overtime. You need to check with your supervisor on the policy your employer uses. - Jeannine, HR Director USA (09/09/2007)
Q: Could you please tell me the timeframe required when laying off a manager and rehiring a new manager in the future? We are reorganizing one of our business units and laying off the present manager. I would like to know our legal obligations of finding a replacement manager if/when the time comes. - Mary (San Diego)
A: I am not aware of a law or regulation that governs timing when refilling a position following a layoff. I'd advise not filling the same position for six months to a year following a layoff and ensure that duties and/or responsibilities have been modified for the position being filled. You will want to be sure that you are not engaging the layoff process to avoid addressing performance issues. You might want to present this issue to your attorney before completing you layoff process. - Jeannine, HR Director USA (09/02/2007)
Q: I was hired to manage a small office with the understanding that I would be working no more than 45 hours per week. Based on this premise, I was given a salary to reflect said hours. I have been with the company for six months and the 45 hours have stretched to 50-60. What is my recourse? - David (Nipomo)
A: If you indeed meet the definition of "exempt" and it sounds like you do since you are in a management position; you are exempt from overtime payments and from the laws governing meals and rest periods. Unfortunately, you can be worked as long as is necessary to keep the business running and profitable. I'm afraid that "enough may be enough when you say so." Hopefully you work for management that is reasonable and when approached by you with factual data to support some assistance, your management will listen and respond positively. God Luck! - Jeannine, HR Director USA (08/26/2007)
Q: Recently my boss scheduled a training meeting during our lunch hour, deli sandwiches included. This was not an option but you were expected to attend, each attendee required to provide questions as part of the training. The meeting ran for an hour and 15 minutes. I submitted my time card with one hour of overtime for that day but was denied. Is this legal? - George (Santa Maria)
A: Probably not. Any mandatory training where you are required to do work, such as provide questions and participate in the training process, is grounds for payment of overtime when the rules of work are applied for the day. For example, time worked in excess of 8 hours in a day is overtime as is time worked in excess of 40 yours in a week by most Wage Orders in California. - Jeannine, HR Director USA (08/19/2007)
Q: If a company requires a standard uniform for all their employees (e.g., blue shirts/tan pants), is it required by California law for the company to provide part or all of the uniform? Or to reimburse the employee for the purchase of said uniforms? Thanks. - Amy (Paso Robles)
A: The answer is "yes;" most Wage Orders dictate that an employer who requires a uniform to be worn by the employee as a condition of employment shall provide and maintain the uniforms. This seems eminent in your case as the term "uniform" includes wearing apparel and accessories of distinctive design or color. To be absolutely certain that this rule applies in your case, you will want to research your specific Wage Order at www.dir.ca.gov. - Jeannine, HR Director USA (08/12/2007)
Q: Employed in Massachusetts (company headquarters is out of Texas). A question regarding temporary placement individuals (meaning outside temps; [my firm] have their own [internal] temps):
What is the law re: headcount lists, emergency contact lists and emergency call tree lists? Are we allowed to ask them for their home addresses and numbers in case of an emergency (ICE)? Because actually [my firm] is not their employer - their temporary placement agency is their employer - we are just the recipient of their contract help service(s). - Kathleen (Boston)
A: You may ask but not require that outside temps provide their personal information. You should be able to rely on the Temp Agency to have a process in place in case of emergency; if they provide you with their internal contact method then you can build that person/method into your process. - Jeannine, HR Director USA (08/05/2007)
Q: I am an exempt employee in California, can the company force me to fly on Sunday? - Randall (California)
A: If you are required to be somewhere for work purpose/job assignment on a Monday thereby requiring week end travel, then Sunday would make sense as a travel day. If you consider "Sunday travel" to be work related and require a religious accommodation then travel might be arranged on Saturday ... though you would likely be liable for any associated extra costs involved in the travel and overnight accommodations. - Jeannine, HR Director USA (07/29/2007)
Q: How long can I keep a temporary employee from an agency before I either have to hire or let him/her go? - Dee (Middletown, RI)
A: In California (and we are the most stringent state ... on the legal front), an employer is best advised to keep or release a temporary worker for no more than 6 months. This is merely to avoid any legal recourse for disparate treatment; generally speaking if an employer needs a temp employee for more than 6 months then the courts feel you are trying to avoid providing benefits and other equal treatment by utilizing (taking advantage of) temporary employees. - Jeannine, HR Director USA (07/22/2007)
Q: I have a candidate for employment who has presented a social security card that looks to be fake. I need to be sure the I-9 documents are valid. What can I tell this person without breaking the law? - Dean (Creston)
A: If you can tell that the document has been tampered with or is indeed a false piece of verification then you may indeed let the person know that you cannot accept the document. He/she will need to provide valid and verifiable documents to prove legal right to work in the United States; this conversation is perfectly legal. - Jeannine, HR Director USA (07/15/2007)
Q: I'm an employee pregnant with my first child and I know I want to take as much time off as I can so I can be with my new baby when I have it. What's the most time I can take? - Felicia (Nipomo)
A: If you work for an employer with more than 50 employees and you have been with the company for one year and worked 1,250 hours in that year then you may qualify for 12 weeks of Family Medical Leave (FMLA) and 12 weeks of baby bonding leave (CFRA). There will certainly be requirements that you will have to meet with your employer before qualifying for these leaves and any other time off that might be available to you as well. Check with your Human Resources Manager for the qualifications and eligibilities specific to your employer. - Jeannine, HR Director USA (07/08/2007)
Q: I found on www.dir.ca.gov that the law states: "...under most situations, the employer is required to provide suitable resting facilities" ...away from the work station. My office is very small. Do you know if I am required to provide this resting place? And if yes, are two wing-back chairs in a hallway waiting area suitable? - David (Arroyo Grande)
A: A resting place for employees to use to take their breaks can be anything from a chair in another room to a fully furnished kitchen area. The space and furniture you provide does sound as if it is within the letter of the law. - Jeannine, HR Director USA (07/01/2007)
Q: My new employee is refusing to take her required breaks. She has taken several breaks over the last few weeks since she has been employed, but she is not consistent. We have discussed it several times and she is very sure of herself and stubborn. She keeps repeating that "it is fine" and that "she will let me know when she needs a break." What am I required to do, by law, in this situation? - Angel (Paso Robles)
A: An employer is required to authorize and permit break periods; if an employee does not take their break periods you need only have the proof that the "rest time" is provided. This is often accomplished by having the employee sign a Policy Statement or other document acknowledging the practice you employ. As you may know, the law requires one 10 minute break for each 4 hours of work but many employers provide 15 minutes. - Jeannine, HR Director USA (06/24/2007)
Q: Am I required by law, to pay for the time my employees spend going to the doctor or dentist? - Carol (Templeton)
A: No, you are not required to pay any employee for time away from the job to attend personal or medical appointments. In fact, it's within your management discretion/business need to request that an employee schedule appointments at certain time of day, ex., as early as possible, as late as possible or during lunch break if possible. - Jeannine, HR Director USA (06/17/2007)
Q: My Staffing agency made me take a drug test, but no job came out of it. Is that legal? - John (Santa Maria)
A: Yes ... if you requested employment through the agency. An employer may ask a candidate to participate in a variety of employment screening procedures while in the process of employing the candidate. You would however be required to sign an Authorization and perhaps a Release of Information Agreement before participating in the procedures; this ensures your understanding of employment status upon completion and receipt of results. - Jeannine, HR Director USA (06/10/2007)
Q: A religious co-worker has decorated his work station with numerous religious figurines and other paraphernalia that the rest of us don't agree with. Does our supervisor have the right to ask him to remove it from the workplace? - Fernando (San Miguel)
A: The law protects employees from discrimination on the basis of race or color, religious creed, national origin or ancestry, mental or physical disability, medical condition, pregnancy, marital status, sexual orientation, age and veteran status. Unless the items that are displayed or posted are harassing in nature or the company has a policy preventing personal item in the workplace, my best advice is to "live and let live" in this case. - Jeannine, HR Director USA (06/03/2007)
Q: A former employee recently contacted me to say that she was never paid for lunches from two years ago. Can I be held liable? - Jen (Paso Robles)
A: This is a question for a labor attorney to consider though current law defines a related missed payment as requiring a penalty; a penalty payment has a one year statute of limitations. Clearly detailed documentation and proof would be required to pursue such a claim. - Jeannine, HR Director USA (05/27/2007)
Q: I've received a notice to appear for Jury Duty and I want to do my civic duty and serve if I am called. My employer says he is not going to pay me if I go, is this legal? - Sid (Santa Maria)
A: If you are an hourly employee (non-exempt) then your employer may not discriminate of punish you for taking time off to appear for Jury Duty but he is not required to pay for your time away from the job. If you are a salaried employee (exempt) then you may not have any deduction from your pay for Jury Duty if you work any part of the work week. - Jeannine, HR Director USA (05/20/2007)
Q: An employee of mine recently claimed a Workers Comp injury. Since then several staff members informed me that the employee works for another company at night bussing tables. How can I prove that the second job may have been the cause of this injury? - Cindy (Atascadero)
A: You should immediately inform your workers' compensation insurance carrier. The carrier's investigative unit should conduct a through investigation of the accident and the cause of the injury. Depending on the results of the investigation the determination of liability and responsibility for the claim, if it is valid, may belong to the other employer. - Jeannine, HR Director USA (05/13/2007)
Q: I still haven't received my W-2 even though my old manager claims that he already sent it through the mail. I called and requested it more than once but I still haven't received it. As you may have already guessed, I no longer work there. What recourse do I have? I want to file my taxes and I am really frustrated that I haven't been able to. What can I do? - Ryan (San Luis Obispo)
A: The law requires employers to mail W-2's by January 31. If you have not received your W-2 form by February 15th from your employer you may call the IRS at 1-800-829-1040 for assistance. You must provide your name, address (including zip code), phone number, Social Security Number, dates of employment, your employer's name, address (including zip code), and phone number. With your information, the IRS will contact the employer for you and request the missing form. IRS will also send you a Form 4852 (PDF) (Substitute for Form W-2 or Form 1099-R). - Jeannine, HR Director USA (05/06/2007)
Q: I recently found out that a fellow employee carries a gun in her purse everyday to work. She states that she has a permit to carry it because of past violence forced on her by a former boyfriend. Now that I know this, I can't get it out of my mind that someone disgruntled for any reason could seize the deadly weapon and go berserk while in our workplace. Are employees obligated to tell employers that guns are brought to work albeit with documentation to do so? - Keith (San Luis Obispo)
A: Most employers have a "no firearms allowed" policy in keeping with workplace violence avoidance practices. At most, there might be an allowance for an employee to carry a gun to work and leave it in their vehicle however this practice is currently under debate at the legislature between the largest lawyers group and the NRA. For now, carrying a gun to work should not be permitted; report this to your management immediately. - Jeannine, HR Director USA (04/29/2007)
Q: I've had a guy working for about four years. He's had his share of personal problems including fathering several children with multiple women. I have a big job coming up and could use his expertise but he said he can't work for me unless I pay him part payroll check and part cash due to his child support issues. As long as he is covered under my Workers Comp and I pay him mostly with a payroll check, can paying him cash come back on me? I have a feeling that you're going to say that it will, but I was hoping you could explain how. I really hate to train someone else to do a job that won't even come close to what this guy can do. - Anonymous (San Luis Obispo)
A: I would seriously and strongly advise against payment in cash for many reasons. Chief among them: Federal law mandates enforcement and collections on anyone who interferes with Child Support Enforcement; there would be serious fines levied in addition to other possible legal actions taken against the interfering party. - Jeannine, HR Director USA (04/22/2007)
Q: I recently called my boss to let him know that I wouldn't be able to make it to my two hour shift the next morning. I had a huge assignment due for school and I was sick the weekend before and didn't have time to work on it. My boss told me that I had to go into work and I couldn't call in. I ended up not going anyway and was fired. Are employers allowed to force employees to work when a valid reason like mine occurs? - V. (Santa Maria)
A: It all depends on the Company Attendance Policy. An employer has a right to expect employees to work their assigned schedule with the understanding that unforeseen absences do occur. Valid reasons for absences are often defined by the Company Policy. The key to compliance for an employer in administering policy is to be consistent and fair regarding approval of absences for all employees. It's equally important for employees to be in compliance with the Policy; advance notice of absences and keeping absences to a minimum number will help avoid any disciplinary actions or termination. - Jeannine, HR Director USA (04/15/2007)
Q: What are the recent changes in California concerning an employee's right to work after submitting a Medical Marijuana ID card to an employer? Are employees allowed to legally work while under the influence of drugs? Do employers now have the right to ask about health issues? - Ray (Grover Beach)
A: The purpose of the Medical Marijuana ID card program is to protect patients and caregivers under prescription. Employment qualifications and ability to work requirements still apply where employers are concerned. The HIPPAA law still applies to protect an employees' personal health information and the confidentiality of same. You are best advised to contact an attorney on this complex issue before taking action against a registered MM ID card holder. - Jeannine, HR Director USA (04/08/2007)
Q: My co-worker and I would like you to set the record straight for us once and for all: Does an employee have the right to send in a spouse or family member with written authorization to pick up his or her payroll check even though the formality had not been taken prior to becoming incarcerated? Can the payroll check be mailed or should it be destroyed and then redistributed after the employee has been released? - Lana (Buellton)
A: An employers' legal obligation for paycheck delivery is based upon stated policy. You may make paychecks available for pick up, mail them or allow a designee to pick up for and employee with written authorization. As long as you take steps to ensure the check is released with the employee's approval/authorization it matters not if the authorization is before or after an incarceration. - Jeannine, HR Director USA (04/01/2007)
Q: Recently I found out that a co-worker that works just a few desks away from mine is a registered child molester. Do I have a right to share this information with my supervisor and demand that the person be let go because I feel uncomfortable and can't concentrate on my work because I'm overwhelmed with disgust by sharing the same air with this vile person! - Jane Doe (Santa Maria)
A: Registered sex offenders can be identified within sites on the World Wide Web (Internet) and therefore the information is public knowledge, available to all. If you feel threatened by the co-worker that is one issue, if you are merely uncomfortable with the knowledge that is another issue. Either way, you have an employee relation's challenge to present to your supervisor/human resources department. Your company management and policy will have to dictate the answer to this question. - Jeannine, HR Director USA (03/25/2007)
Q: I recently received an order form for purchasing 13 notices that are required by State and Federal Law to be posted a most work sites. How do I know which notices I am required to post? Also, if all my employees are hired through a staffing agency, am I required to post the notices? - Tracy (Paso Robles)
A: Yes, as an employer you are required to post a number of State and Federal Notices in a prominent place frequented by employees (temp agency and yours). A list of these notices follows: Minimum wage, federal and state, USERRA military leave benefits notice, Discrimination and Harassment is Prohibited (DFEH), Family/medical leave, pregnancy (federal and state), Safety and health(Cal/OSHA), Equal employment opportunity, Emergency notice, Pay day notice, Workers' Compensation, Whistleblower protection, Time off for voting, Polygraph protection, and UI/SDI/PFL. - Jeannine, HR Director USA (03/18/2007)
Q: If an employer breaks a temporary staffing contract by asking the temporary employee to quit the staffing agency so that the employer could hire the temp without paying for the remainder of the contract, what would be the course of action taken by the staffing agency? - Brenda (Porterville)
A: "It depends." Most staffing companies will negotiate a "buy-out" with clients if they want to hire an employee on to their payroll. If the staffing company contract is specific to the issue, there may be consequences for exercising dishonesty. The staffing company might consult an attorney about violation of contract terms and action might be brought against the client and/or the temp employee.
United Staffing Associates believes in providing the best possible service to our clients; we value our relationships/partnerships and work to reach agreement when a client becomes interested in an employee we have provided. "Honesty is always the best policy." - Jeannine, HR Director USA (03/11/2007)
Q: I am temporarily working for a company (not yours) and recently found out that I am pregnant. Do I qualify for maternity leave? - Katie (Visalia)
A: CA law provides time-off benefits for employee's disabled by pregnancy and pregnancy-related conditions. Under Pregnancy Disability Leave (PDL), employers with five or more employees must provide this opportunity. Wages are not a requirement during this type of leave and except in rare circumstances, employees must be reinstated into their original or a comparable position upon their return from PDL. - Jeannine, HR Director USA (03/04/2007)
Q: Everyone in my office speaks Spanish except me. Can I require that only English may be spoken in my presence? Not that I'm paranoid or anything but I feel that speaking Spanish in front of me is kinda rude. - Patti (King City)
A: Employees may converse in the language of their choice in the workplace unless there's a specific requirement related to the work environment or the job itself. This is especially true during break time or non-work related activity. You might merely ask your coworkers if they would allow you to contribute by speaking English when you are around. - Jeannine, HR Director USA (02/25/2007)
Q: I work with a woman who is constantly on the phone with her children. My supervisor has asked me who my co-worker is always on the phone with but I don't want to cause problems nor do I want to see her terminated since she is a single mother. Any advise? - Ray (Porterville)
A: Sure, if you would like to help your co-worker then consider mentioning to her that she might want to keep her personal conversations to a minimum because you are aware that this is something your supervisor appears to be "monitoring" recently. That way you are helping both the co-worker and the supervisor at the same time. Truly, break time and meal periods are the times to conduct personal business. - Jeannine, HR Director USA (02/18/2007)
Q: I am an employer who often receives requests from employees to change their withholding status to "Exempt." What advise should I give them in regards to this request to change tax status? - Fran (Visalia)
A: The conditions under which an employee can claim "exempt" status for tax withholding purposes are very clearly defined on the W-4 Form; advise your employee to review the rules as defined and be sure they meet the requirements. You might let them know that the likelihood of being audited is greatly increased under the exempt tax status. - Jeannine, HR Director USA (02/11/2007)
Q: I work a very odd shift and it's very hard for me to pick up my paycheck because of my sleep schedule. I would like my employer to mail my check; can I get them to do this for me every payday? - John (Santa Maria)
A: Yes, you can request that your employer mail your paycheck to your designated mailing address each pay period. It might be even easier for you and your employer to choose to have your paycheck direct deposited to a bank account of your choice. Ask your employer if this option is available, if not, perhaps it can be made available. - Jeannine, HR Director USA (02/04/2007)
Q: My husband and I own a small construction business. We currently run our one and only employee through an employment company for Workers Compensation and payroll reasons. Our employee fraudulently turned a timecard in to the employment agency when we were traveling out of the country and was paid without our signature. The employment company maintains that they left several messages for us and because our employee usually works a set amount of hours, they were compelled to pay him. Is this true? - Ron (Arroyo Grande)
A: CA Labor Code is very specific on pay dates and payment of wages. The only allowable delay is in regard to overtime that cannot be substantiated within the pay day time line; this delay may not extend beyond the next pay cycle. Therefore, payment must be made unless the fraud in known prior to payment; based upon your facts as provided I would say the employment agency was in compliance. - Jeannine, HR Director USA (01/28/2007)
Q: I'm considering sponsoring an office party for my employees for the holidays but I'm afraid that things will get out of control. Any suggestions? - John (Pismo Beach)
A: Yes. You might provide some guidelines to your employees before the event and be sure everyone is aware. These guidelines would include attire, specific start and end time, specify attendees (e.g., spouse or significant other, adults only, etc.) and define any other expectations that are important to you. If your employees know the rules ahead of time they are more likely to follow them ... and enjoy! - Jeannine, HR Director USA (01/21/2007)
Q: I plan on having a holiday party for my employees; is it ok to serve alcohol? - Jill (Solvang)
A: It is acceptable to serve alcohol at such an event but if you do, consider communicating with your employees before the event advising them to drink responsibly. I would also advise having non-alcoholic beverages available. - Jeannine, HR Director USA (01/14/2007)
Q: What should I do if one of my employees drinks too much at a company sponsored event? Am I liable for their safety? - Kathy (Santa Maria)
A: If an employee appears intoxicated you should definitely provide a safe transportation home. If an injury occurred you might very well be responsible since you are the sponsor of the event; check with your workers' compensation insurance carrier. - Jeannine, HR Director USA (01/07/2007)
