If you have any questions related to human resources (HR), safety, or employment in general, the professionals at United Staffing Associates are here to help. Simply use this "Just Ask" link to email us your question(s). Our professional staff will review your question(s) & get back to you with an informed answer. This service is provided free of charge & (with your permission) we might even add your question(s) to our "Q&A" section.
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2008 Archive
Q: How should overtime pay be calculated: Base hourly pay plus differential percentage or just base hourly pay? - J (Templeton, CA)
A: Overtime calculations are based upon "regular rate" of pay. This rate is calculated by including all hourly earnings & compensation; this includes bonuses, commissions, differential rate, & many other types of payments for hours worked. Once the "regular rate" is calculated then the overtime rate can be determined. If you feel your overtime compensation is incorrect then you should contact your Payroll Department for assistance; this is a complex compensation process so give your Payroll "expert" a chance to rectify any mistakes. - VP of HR/Operations USA (12/28/2008)
Q: I understand that the use of "Probationary Period" for new hires is no longer an acceptable term to use. Can you explain why & tell me what we should call this first 90 day period? - John (Modesto, CA)
A: The term "probationary period" implies that an employee who stays employed for 90 days is "guaranteed" employment; it even lends itself to "implied contract" in regards to continued employment. Alternative terms or phrases are "Orientation Period" or "Training Period". This language removes the entitlement concept from your initial period of employment with your new hires, whether it's 30, 60, or 90 days or some other length of time used to initially determine whether the position is a good fit; providing the new employee the same as well. - VP of HR/Operations USA (12/21/2008)
Q: It seems like every application I fill out for employment asks the same uncomfortable question; "Is it all right to contact your current employer?" My current employer doesn't know that I'm searching for another job. How do I politely let potential employers know that they would be putting me in a very difficult & uncomfortable situation if I let them contact my "current" employer? I have no problems with them contacting any previous employers. It seems like they only give you enough room to check "yes" or "no" & that's it. There's no room to explain why. I feel like they might hold it against me if I just check "NO". - Susie (Unknown City)
A: Good news! The reason employers ask this question on applications is because it's clearly known & understood that to contact current employers might cause a candidate some discomfort or put their current job in jeopardy...so no worries! You need not explain, merely check "no" for current employer - with confidence - it's no harm/no foul/no risk. - VP of HR/Operations USA (12/14/2008)
Q: Under my employer's Medical Plan, am I responsible for medical insurance payments that have not been deducted from my paycheck? If so, are these payments retroactive? Nothing has been deducted for the past 2 months. - J. (Templeton, CA)
A: If your employer provides a Medical Plan that requires employee contribution & you've been duly informed then yes, you are responsible for contributions, retroactive if necessary. This means you should be monitoring your paychecks regularly to ensure all deductions are taken appropriately & that you won't get hit with a large "make up" deduction. My advice - If you are indeed aware that deductions have not been taken then notify your HR Department quickly so the situation can be rectified sooner than later. - VP of HR/Operations USA (12/07/2008)
Q: I have an employee who resigned from his "commission only" position & is demanding final payment immediately. I haven't been paid for the sales yet so I don't see why I should have to pay him yet. Can I delay his final paycheck - legally? - John (Paso Robles, CA)
A: It's my understanding that if you have a written policy regarding your Commission Plan which states that ".compensation to employees will be paid upon receipt of payment from the client." then & only then can you legally delay your final payment for all wages due to your employee. You might consider estimating the commission due & pay the employee all estimated final wages as soon as possible; this would help to avoid any grievances or possible legal actions (founded or not). - VP of HR/Operations USA (11/30/2008)
Q: I have been on medical leave since 9/12/2008. When I first became disabled, I called my HR department. The HR rep stated I didn't qualify for FMLA because of the "50 or less employees" clause. I received a letter from my employer on 10/21/2008. It states this is a request for medical leave & will need to be approved by my manager before I'm granted medical leave. I'm afraid I might not have a job when I recover from my medical condition. I expect to return 11/30/2008. What are my rights as an employee? - Elisa (Unknown City)
A: If your employer is not governed by Family Medical Leave Act & you therefore do not qualify for FMLA BUT your employer grants a Medical Leave - you may not have reinstatement rights to your same or equal position. Check the wording/policy in your Employee Handbook; some employers still do provide some return rights to position(s) upon completion of unprotected leave(s). In the meantime, stay in touch with your employer/HR Department so they know you are striving to return as soon as you are able, this will go far as an indication of your willingness & desire to get back to work. - VP of HR/Operations USA (11/23/2008)
Q: I'm an employee who's been off work due to a work related injury. I've been paid by workers comp but want to know if I am accruing vacation pay. If my company doesn't take me back will I get my accrued vacation that's on the books? - Dan (Nipomo, CA)
A: Whether you are continuing to accrue vacation while off work with your injury depends on your Company Policy and/or rules outlined in your Employee Handbook. Employees on work related injury must not be penalized or retaliated against for such status. Vacation and paid time off benefits are somewhat of a separate issue; vacation is not a mandated benefit. Employers choosing to provide vacation time get to make the rules associated with the amount, accrual, and use of such time EXCEPT that they must pay out all time accrued but not taken at the time of termination of employment. - VP of HR/Operations USA (11/16/2008)
Q: I need to know what to do with my employees who continue to refuse to take their meal periods and don't clock out and back in when they do. Can you help? - Unknown (City Unknown)
A: For some reason it seems to be hard to get through to some employees the critical need for them to take their lunch/dinner breaks and clock out and in. You, as an employer, are left with no choice but to discipline employees up to and including termination of employment for failure to adhere to your rules - it's not just a rule, it's the law. If you have communicated your rules, documented same, and still have violations then you must warn/discipline and remember to document each step as they find themselves closer to losing their job for not following the rules and the laws in California. - VP of HR/Operations USA (11/09/2008)
Q: I have an employee who has not called in for three days and we have a policy that a no call - no show for three consecutive work days is considered a voluntary resignation. The employee's supervisor tried to call the employee on the first day of absence and left a message. Does this change our ability to terminate this employee under our policy? - Patty (San Luis Obispo, CA)
A: No. Technically you are within your rights to process the employee as a voluntary resignation. Because the employee did not return the call, she continued to be a "no call - no show" and you are therefore on solid legal ground. Congratulations for having a clear written policy for your employees - this makes for "no surprises" when they are informed of the rules ahead of the game. - VP of HR/Operations USA (11/02/2008)
Q: Since the polls in California are open 7am-8pm and our office hours are 8am-5pm with a 1 hr lunch, am I still required to let staff take time off for voting during work hours? If so, can I require proof that they spent their time voting? - Anonymous (Central Coast, CA)
A: Only if an employee does not have sufficient time outside of working hours to vote must you provide paid time off and no more than two hours. The time off must be taken at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from working, unless otherwise mutually agreed. Additionally, the employee must notify you at least two working days in advance to arrange a voting time. Be sure you have your legal posting up regarding this leave law at least 10 days prior to the election. - VP of HR/Operations USA (10/26/2008)
Q: I have been on TTD (Temporary Total Disability) for 10 months (since 11-17-07) and soon will be released QIW (Qualified Injured Worker). My employer told me they will not take me back QIW. During the 10 months I was on workers comp did I accrue vacation pay as if I was working? - Don (City Unknown)
A: The answer to your question depends on your Company Policy and Employee Handbook: What are the written policies and practices? The law in California says that employees on workers' compensation leave of absence must be treated consistently with all others and not penalized for their work related injury status. Hopefully this helps you analyze your situation, then I'd suggest you consider asking your Human Resources Manager the same question. - VP of HR/Operations USA (10/19/2008)
Q: My sister has worked in retail as an Operations Manager for almost 10 years. For the past year she hasn't been able to take her lunch because she has no coverage. She wants to know if she is required to take a lunch even though there is no coverage. When she tries to go out the door she gets stopped by employees with question after question. She wants to bring this to upper management, but first she wants to know if by law salaried Managers can take a 1 hour lunch? - Lailaah (City Unknown)
A: I'm sorry to say that salaried (exempt) employees are not subject to the same regulations that hourly non-exempt employees are. Salaried employees are paid a salary to perform a job - the tracking of time by hour including rest and meal periods would negate the exempt status. Your sister will have to arrange to catch a lunch break whenever she can - unless there's a written policy or inclusion of such a rule in the Employee Handbook. Most employers do arrange schedules to allow for a meal break even for salaried employees - I'd encourage your sister to appeal to "a sense of reason" when she approaches her management. - VP of HR/Operations USA (10/12/2008)
Q: I'm getting ready to resign from my employer and my contract states that either party can terminate the contract with two weeks written notice. When I give them two weeks, I know they will ask me to leave immediately. Do they have to pay me for two weeks? - Brian (St. Louis, MO)
A: Your company's under no legal obligation to pay for your two week notice period unless specifically stated in your contract; some employers do so in appreciation. - VP of HR/Operations USA (10/05/2008)
Q: I was asked to cover an employee's desk while she was on vacation. I wasn't officially trained to do her job and had to go to my supervisor to ask questions (which she somewhat answered in a rush). When the employee came back to work, I was called into a meeting. The next day I was asked to sign a performance improvement form (which I haven't signed yet). I've requested to be revaluated in 30 days, but I think I might be terminated. Do I have to sign this form? And if yes, what do I need to do? - Anonymous (City Unknown)
A: You may always refuse but you are much further ahead to sign the form as follows: "I am acknowledging receipt of a copy of this document but am not admitting to any guilt or wrongdoing. I reserve the right to reply in writing and request my response be made a part of this file." In the state of CA, you may be terminated with or without reason. However, if you feel you're being treated unfairly you may file a complaint with the Dept. of Fair Employment & Housing ( www.dfeh.ca.gov). - VP of HR/Operations USA (09/28/2008)
Q: I recently interviewed with a company that requested I complete 2 personality tests before leaving indicating all interviewees are asked to do so. I understood the tests were required for the job. Several questions were religious and personal finance related. For all I know they only hire people who agree with them. Or maybe it really was a personality test. Is this legal? - Kim (San Luis Obispo)
A: Typically, if the company can tie the process to the requirements of the position then they might squeak under the radar of the "discrimination" laws. Other than that, without knowing more about the test, it sure sounds like it was full of "targeted" questions as opposed to personality related. Sounds rather "iffy" to me. - VP of HR/Operations USA (09/21/2008)
Q: My boss was out last week and I handled things for her, though upon her return she accosted me one more time, in front of my co-workers. I emailed her asking that she be more supportive and refrain from being vile. She has now scheduled a meeting with HR instead of working with me to resolve our conflict. All I want is an improved, supportive attitude from her. What should I do, shouldn't she meet with me first? - Mark (Grover Beach)
A: You may have to attend the meeting by now, if so, start by explaining to HR that you intended to work through your concerns directly with your boss, in a professional manner, prior to involving HR. But since she has scheduled the meeting - go ahead and get all the issues out in the open. State that you do not want to hurt anyone's feelings but instead you are looking for a positive, move forward manner in which to resolve any ongoing "conflict" and operational issues. You are all adults and professionals and you are prepared to deal with same as such. This might be a non-threatening way to achieve positive results. Good luck! - VP of HR/Operations USA (09/14/2008)
Q: I work for a food service company in N.J. I was injured on the job six weeks ago and out on workers comp. Every June we get our 2 weeks' vacation pay for the summer; we usually go out on unemployment for six weeks and then return to work in August. I was told because I didn't finish the full 10 months I lose my vacation pay. Is this true? - Anonymous (City Unknown)
A: As luck would have it for you, the Fair Labor Standards Act (FLSA) governs wage and hour laws and does not require employers to pay vacation or for any hours not worked. Based on that fact alone, you may not be eligible for any prorated vacation pay out in the state of New Jersey. Sorry! - VP of HR/Operations USA (09/07/2008)
Q: I'm about to give notice at my current job to leave for another and want my boss to give me a good reference but I've seen him mistreat others who have left before me. I don't want to hurt his feelings; it's just time for me to move on. What should I do? - "Concerned" (Paso Robles)
A: My advice: Honesty is the best policy. Schedule a time to meet with your boss and let him know exactly how you feel. Tell him you have just reached a time when you feel you need to move on; you really don't want to hurt his feelings as you have appreciated the job and enjoyed your time working there. In fact, you feel so very positive about your experience that you would be proud and happy if he would kindly write you a letter of recommendation. You could tell him it's something you would treasure. Hopefully this will work! - VP of HR/Operations USA (08/31/2008)
Q: My manager chastised me for making an error, in front of my fellow workers. Then, one day I had an injury at work and was laid off 4 weeks later because "my job was eliminated". How can that be ok? - Art (Templeton)
A: Poor judgment's not against the law; if your Manager treated you poorly he may have demonstrated poor management skills but he didn't break the law. However, if you feel you were laid off in retaliation for filing a workers' compensation claim you may want to seek advice from the Department of Fair Employment and Housing (DFEH). An employee may be terminated from employment while under the care of a physician on a work related injury but the reason should be valid. Hopefully you received a Termination Statement that clearly stated the reason for your separation. - VP of HR/Operations USA (08/24/2008)
Q: My husband's employer recently asked him to travel to a job site that's 90 miles away. In the past, they've provided a hotel room and per diem pay. This time they're providing neither of these things. Is there a distance limit to how far an employer can ask you to drive? Are there requirements as to per diem and/or reimbursement of expenses? 90 miles one way is excessive in my opinion and almost impossible for most people to come up with extra gas money to cover work related travel. Thank you. - Jenni (City Unknown)
A: CA Labor Code Sec. 2802 indicates an employer is required to reimburse employees for all expenses incurred during the performance of their duties and, if required travel incurs such expenses, then reimbursement is mandatory. This means your husband should indeed be reimbursed for all expenses relating to this travel if the travel is "required." However, mileage reimbursement will only be an issue if the travel distance is more than the distance traveled to the work location. I hope this makes sense to you and helps in your current dilemma. - VP of HR/Operations USA (08/17/2008)
Q: I have an employee whose attendance is a problem as she calls in sick quite a bit in "waves" (meaning she comes in and is fine for a few weeks, then back to sick time). My concern is she says she has an "illness" but I have no medical documentation on that. Can I ask for a doctor's note and any possible work restrictions that may be involved? I worry that her "sickness" is something other than medical and I'm not sure how to proceed wisely. Please let me know. - Cindi (Central Coast)
A: Yes indeed you may ask for a note from her physician defining her condition/illness and any related work restrictions so you can determine if any accommodations are required to be provided under ADA. As to the ongoing absences, you have a right as an employer to arrange for a "fitness for duty exam", paid for by the company. Document the offer to the employee, provide the details including the Job Description to your physician and ask for a Work Status from the physician. The Work Status should provide you with a factual basis upon which to take action. - VP of HR/Operations USA (08/10/2008)
Q: I recently left my job after giving my employer two weeks notice. I didn't get my commissions with my last check and I thought I was supposed to get all of my pay on my last day. That's why I gave two weeks notice. What should I do? - Chuck (Paso Robles)
A: Be patient; commissions may not have been able to be calculated if your last day didn't match the commission payment schedule. In sales positions, commissions often lag by days or even weeks and an employer may pay the commissions as soon as they're able to be calculated which may or may not be on your last day of employment. Just remind your former employer that you're waiting for your last commission check and inquire when it might be ready. I'm sure your former employer will "ante up" - they won't want to answer to the Department of Labor in response to a complaint. - VP of HR/Operations USA (08/03/2008)
Q: I have an employee who's been off work for several weeks as a result of a personal illness. I want to know if I can send her for a physical to see if she's really up to the job. Will I violate any laws if I do this? - Bill (Arroyo Grande)
A: No laws will be violated if you arrange to have your employee examined by your physician and you pay for the exam. This is often referred to as a "fitness for duty" exam. Explain to your employee that this process is to protect her as well as the company and will be at no cost to her. Provide her with a copy of the results if the physician doesn't. This is a good practice to follow to ensure an employee's healthy and capable of performing their job after a long or difficult illness or personal injury. - VP of HR/Operations USA (07/27/2008)
Q: I'm a small employer with simple payroll software that I don't know how to modify but I think I need to. One of my employees told me that I could no longer print his Social Security number on the paycheck stub. Is this true? - Cindy (Paso Robles)
A: Yes, as of January 1, 2008, all employers may no longer use the full Social Security number (SSN) as an identifier; however, it's permissible to use the last four digits only. - VP of HR/Operations USA (07/20/2008)
Q: I'm in the process of buying a new car and I've asked my employer to fill out a Verification of Employment form for me but they said I have to sign a waiver before they'll complete the form. Is this right? - Tina (Santa Maria)
A: Most employers do require an employee to sign a "release of information" authorization because they can be held liable for the information they provide even when personally requested by the employee. You should complete the form and feel confident that your employer is taking precautions to protect you, your information, and the company. - VP of HR/Operations USA (07/13/2008)
Q: I have an employee that's returned from a leave of absence on restricted light duty. She's been gone for a year. Do we, as an employer, have to continue to give this employee accrued time off during the leave or do we start the accrual as of her return date? - Dee (Chicago)
A: As an employer, you're free to set the rules/conditions of Paid Time Off benefits as they're considered "voluntary benefits" versus mandated. Most employers award paid time off benefits in conjunction with time worked; therefore, if an employee's on leave he/she isn't earning the benefit so the benefit isn't awarded. With your current situation, you should treat this returning employee the same as you've treated all others returning from leave; if this is your first occurrence of this type then set your policy now and adhere to that policy ongoing. I hope that helps. - VP of HR/Operations USA (07/06/2008)
Q: Is it legal for an employer to force staff to speak English only to co-workers and ask for $1.00 every time he hears a staff person speaking their own language? I need your advice. Thanks. - Lyn (Santa Maria)
A: Generally speaking, if your company has more than 5 employees and is not non-profit, English only may be required during working hours if it's determined to be a business necessity, if it's required for the safe operation of the business, and if employees are properly notified. Employees may speak another language during breaks and meal periods but may not be "fined" for not complying with the work rule; refusing to comply with the rule may however result in a disciplinary action. I hope this helps. - VP of HR/Operations USA (06/29/2008)
Q: I'm having the hardest time getting my employees to take their rest breaks and I don't want to get sued if one of them gets mad and decides to file a claim against me. What can I do to protect my business and myself? - Cynthia (San Luis Obispo)
A: You're doing the right thing by reminding employees of break times. You might have them clock in and out for breaks if you have a time clock, then you have proof they've taken their breaks. You can also provide written statements to all employees regarding your requirements and have them sign the document acknowledging your rules. These things should help with any defense you might have to provide. - VP of HR/Operations USA (06/22/2008)
Q: I've provided my employees with logo T-shirts that I require them to wear; I provide the laundry service too. An employee who recently quit did not return several of the shirts. In the future, can I deduct the cost of the shirts from an employee's last paycheck if they quit? - Norma (Paso Robles)
A: No, not legally. There are very few deductions that can be made from a final paycheck and cost of required clothing/uniforms is generally not permitted. You can help avoid such losses by having employees sign a statement when the items are provided that indicates all your requirements including return upon termination of employment. You can attempt to recover costs by billing the employee but he/she is under no legal obligation to pay. - VP of HR/Operations USA (06/15/2008)
Q: I have an employee who wants to combine his afternoon rest break with his lunch period so he can leave work 15 minutes early, before the end of his scheduled shift. I don't have a problem with this but I want to be sure it's legally ok to do. Is it? - Andrew (Templeton)
A: No, the law in CA is very specific - employers must provide rest periods and meal periods in accordance with the prescribed work schedule rules. Neither the company nor the employee can waive or alter the requirements of the law - breaks and meal periods cannot be combined. - VP of HR/Operations USA (06/08/2008)
Q: I have given 2 weeks notice that I am resigning from my current job and my boss told me she wants me to leave Friday. If I do, will she have to pay me for my other week of notice pay? - Roger (San Luis Obispo)
A: No, the company is not obligated to pay an employee for "notice pay" and the laws in CA support the company in this regard. - VP of HR/Operations USA (06/01/2008)
Q: I have to drive to different places to do my job and my boss only pays me 32 cents per mile and no pay for the time I drive. With the price of gas going up along with everything else I don't think this is right, is it? - Mary (San Luis Obispo)
A: You are most likely correct; the law recently changed regarding mileage reimbursement requiring employers to cover the full cost of an employee using their personal vehicle for work. Therefore, most employers have begun reimbursing employees at the current IRS mileage rate which is $.505 per mile. Additionally, travel time between locations is considered time worked and must be paid time. Your boss is best advised to adhere to these rules as they are also law in the state of CA. - VP of HR/Operations USA (05/25/2008)
Q: I had an employee resign and give me two weeks' notice. This employee was a trouble maker so I accepted her resignation effective immediately. I paid out her time and vacation due and now she's telling me I have to pay her the two weeks' notice she gave me. Is this true? - Anonymous (City Unknown)
A: No, you are within your legal rights to accept the resignation immediately and you are under no legal obligation to pay "Notice Pay"; some companies ask for "notice of resignation" but there's no compensation required by law for any period of notice of intent to resign. - VP of HR/Operations USA (05/18/2008)
Q: My employees are really getting out of hand lately when it comes to talking about politics during break periods. One employee had to leave the office early because she was so upset by another's support of a Presidential candidate. Can the subject of politics be restricted in a company's Code of Conduct? - Meg (San Luis Obispo)
A: The right of "free speech" gives employees the ability to discuss and talk about any topic they wish as long as it is not harassing or discriminatory in nature, for obvious reasons. However, if unlimited discussion - no matter what the topic - is affecting productivity then yes, "talking while working" can be addressed in your "Code of Conduct" for all employees. - VP of HR/Operations USA (05/11/2008)
Q:I recently hired an employee who signed an offer of employment letter. However, before he started, he accepted an offer from another company. What recourse do I have? - Karen (Paso Robles)
A: Since Offer Letters are typically used to provide clarity regarding the position and conditions of employment, you really have no recourse in this case. Unless your Offer of Employment was a "contract" with binding language you merely have a candidate for employment who has changed his/her mind. - VP of HR/Operations USA (05/04/2008)
Q: There are a few men in our office that use the women's restroom when the men's room is full. Is this an HR infraction? - Anonymous (Porterville)
A: This is indeed a violation of "rules" as separate facilities are provided and posted as such. The male employees who are violating the rule should be counseled. Hopefully management is aware and the appropriate number of facilities is available for both sexes. - VP of HR/Operations USA (04/27/2008)
Q: Certain people in my office play music for background noise purposes and no one has ever had any problem with it until a new temporary employee became offended by the lyrics of a Shakira song. The manager on duty didn't seem too overly concerned until a formal complaint was made a few days afterward. Now the employee won't come back to work because she feels uncomfortable around the staff. Any advice? - Melanie (Tulare)
A: The easiest solution is to eliminate the background music because there's often a disagreement over the type of music played. Another solution is to allow music only via personal listening devices or with the use of ear buds/headphones. Popular music today often offends somebody, making this is a difficult work environment issue to deal with. Good luck! - VP of HR/Operations USA (04/20/2008)
Q: I left a job of three years on bad terms with my former employer. Should I include this employer on my resume or refer to it on job applications? If not, what do you suggest I say when asked about the gap in employment? - Bud (San Luis Obispo)
A: Yes, include this employer on your resume/job applications. Honesty is always preferred rather than attempting to cover up a bad situation. Most prospective employers provide opportunity for explanation during the interview process; be honest - almost everyone deserves a second chance. - VP of HR/Operations USA (04/13/2008)
Q: Unfortunately our company cannot afford to give raises this year. Do you have any suggestions to convey this best to our managers so that they can tell their employees while still keeping them motivated for next year? - Jana (Santa Maria)
A: I believe that honesty is always the best policy; communicate your inability to award pay increases and the reason(s) why. Communicate as soon as you can arrange meetings, let employees know what they can do to increase the possibility that pay increases can be provided next year. This will demonstrate trust in your employees and enable them to contribute to a more positive situation next year. - VP of HR/Operations USA (04/06/2008)
Q: Is an employer required to pay an employee's accumulated paid time off upon termination? - RJ (Cambria)
A: Yes, paid time off is treated the same as vacation so all accrued but unused time must be paid out at the time of termination. Generally speaking this is because paid time off includes "vacation pay" as well as consideration for other types of paid time off such as sick time. - VP of HR/Operations USA (03/30/2008)
Q: Can you tell me what the employee benefit continuation requirements are under USERRA (THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT)? - Joanna (Santa Maria)
A: This law requires reinstatement of employees returning from military leave; the employee is entitled to all the rights and benefits the employee would have had if he/she had remained continuously employed. Employees returning from military leave must be treated the same as employees on non-military leaves of absence. - VP of HR/Operations USA (03/23/2008)
Q: I've been off work for a while on Workers Comp but am back to work now. I was a full time/benefitted employee prior to going out on Workers Comp and my company took me off their insurance after 90 days, I was made to go on COBRA and pay the monthly premium out of my own pocket. Is this legal? - Lisa (City Unknown)
A: Insurance benefits must be provided consistent with company policy and applied the same, as they would be with any other "leave of absence"; maximum coverage under the law would normally be 12 weeks (about 90 days). Based on your information it sounds like your employer has acted in compliance with CA law. - VP of HR/Operations USA (03/16/2008)
Q: I was injured on the job last March and went on Workers Comp. I'm released to work six hours a day. Is it legal for my employer to not work me the hours that I am released to go back to work for? I'm not getting my full work day. - Lisa (City Unknown)
A: When an employee is released to work with restrictions, it is up to the employer to accommodate if he or she is able. If the type or amount of work you are able to do is not available then Workers' Compensation wage benefit may apply to help make up the lost wages even if you can only work a partial day. This is legal. - VP of HR/Operations USA (03/09/2008)
Q: One of my friends was fired from her seasonal job for using her employee discount on her family. She still hasn't been paid after two weeks. I thought that an employer had to pay released employees within 72 hours. They are asking for restitution and are pressing charges. Is this legal? I thought it was one or the other. What should I tell her? - (Needs Advice)
A: You are correct regarding required "immediacy of payment of final wages." All wages are due at time of termination if discharged; 72 hours is the deadline for payment if an employee quits with no notice. Restitution for receipt of an unauthorized/illegal employee discount is probably legal and may be grounds for legal action. I'm sorry for your friend that it is not "one or the other" however, if restitution is made the employer may be persuaded to "drop all charges." Best of luck to you and your friend. - VP of HR/Operations USA (03/02/2008)
Q: I have an employee who appears to be pregnant by sight and by the symptoms she has exemplified in my office. Do I have the right to ask her if she is pregnant or do I have to wait until she tells me herself? - Barb (Atascadero)
A: If you have performance issues or witness a display of abnormal behavior then you may inquire as to the cause for the irregularities. Beginning such a discussion may lead to disclosure of a medical condition for which you may need to provide accommodation - take the conversation where it naturally goes - then provide the appropriate direction. - VP of HR/Operations USA (02/24/2008)
Q: One of my friends recently told me that employers might not be liable for meal break pay when employees knowingly and voluntarily fail to take them. Is this a new law for 2008 or just inaccurate information? - Carrie (Kings City)
A: This information is not completely accurate. An employer MUST PROVIDE the meal break, the time out and back in must be recorded and the other criteria met too. If an employee chooses to stay at their desk and work through their meal period while eating then you typically will not be liable for pay to cover. - VP of HR/Operations USA (02/17/2008)
Q: I recently read that The U.S. Citizenship and Immigration Services will soon begin to impose penalties against employers who are not using the newly approved and issued I-9 forms. Does that mean for "brand new" employees I hire or do I have to redo the I-9's for all of my current employees that I have on my payroll? - Myra (Santa Margarita)
A: No, you do not. All new hires and re-verifications must be completed using the new I-9 Form; you are not required to re-verify your current workforce. - VP of HR/Operations USA (02/10/2008)
Q: What type of postings do I need to display in my office to make sure I am legally compliant? What if the postings change throughout the year? Can I be held liable for not posting a new one? - Frankie (Ventura)
A: In CA, there are up to 16 postings that must be displayed in an area frequented and visible to all employees; there are multitudes of Labor Law Poster companies out there who can furnish compliant postings for a fee. If laws change during the year, new posting requirements/instructions typically accompany those announcements. - VP of HR/Operations USA (02/03/2008)
Q: I am currently looking for a job and feel as if I have flubbed up several times when the HR Manager of each company asks me during the interview, "Why should I hire you?" What does a hiring manager really want to hear? - Kevin (Hanford)
A: In today's labor market, companies are looking for employees who want to work; are dependable and will show up on time daily; and who are willing to go the extra step without being asked. Describe your initiative and be enthusiastic and you will be successful! - VP of HR/Operations USA (01/27/2008)
Q: My employer is headquartered in Georgia. They have 45 employees working from the home office and another 12 working in various states. I would like to request an unpaid leave under FMLA. However, I was told that because they do not employ 50 people within 75 miles of their main headquarters, they are not required to grant me time off under FMLA laws. Are they correct? - (Anonymous)
A: Yes, your employer is correct under Federal Law. - VP of HR/Operations USA (01/20/2008)
Q: I have an employee who chronically complains about his chair. To make peace, I have replaced it twice with ergonomic sanctioned equipment yet he still complains. This has been going on for a year and recently I heard through another employee that he is going to a new doctor who specializes in back pain. I am at my wits end and fear the worst. Do you have any suggestions? - L.M. (Ventura)
A: Yes, it might be worth your time and expense to hire an ergonomic specialist. Ask your medical provider for a recommendation and have your workstations evaluated for ergonomic correctness. This will save aches, pains and money in the end; this just might eliminate current complaints too! - VP of HR/Operations USA (01/13/2008)
Q: I wanted to know what your take on diet and exercise appropriateness is in the workplace. My co-worker is talking about starting an all cabbage diet and has already warned everyone about the gastric consequences, microwave use to prepare the food, and need to walk at a targeted heart rate once an hour for 15 minutes. I'm not looking forward to working near this person for obvious reasons. - Pat (Tulare)
A: It is always good to encourage healthy habits in the workplace but a little bit of a good thing can go a long way - I do believe in moderation. Coworkers engaged in this conversation should be open enough to discuss potential consequences so that the work environment can maintain appropriate decorum before the program begins. Talk it through - if you need help, bring your supervisor into the conversation before things go too far. - VP of HR/Operations USA (01/06/2008)
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