Pregnancy Disability Leave Employers who employ five or more people must provide four months of pregnancy disability leave for any employee who is disabled by pregnancy and/or pregnancy-related condition per pregnancy. In addition to pregnancy disability leave, the birth of a child also may qualify the employee for an additional twelve week leave of absence…

An employee who has a claim against his/her current or former employer for unpaid wages may file a claim with the California Labor Commissioner.  Once a claim is filed, the deputy will schedule a conference for purposes of determining whether the claim can be resolved without a hearing.  (Labor Code § 98.3)  Each party will…

1.              A California employee is entitled to paid vacation. False.  California law does not entitle an employee to paid vacations.   If an employer has an oral or written vacation policy, paid vacation time is earned by an employee on a pro rata basis for each day of work and is considered part of the employee’s…

One common issue for employers is compliance with California’s law regarding meal periods and rest periods.  This issue, however, can turn into a very expensive problem.  For example, let’s say a particular company employs five people at the California minimum wage of $8 per hour.  If the Company fails to provide meal periods and rest…

Managing the risk of a sexual harassment lawsuit requires employers to take specific measures to help prevent sexual harassment before it occurs.  These measures can be summarized as three part process: (1)  establishing a sexual harassment policy; (2) implementing procedures to enforce the policy and (3) enforcing the policy through those procedures. Employers begin by issuing…

Each time that wages are paid, a California employee must the employee with an itemized statement that shows the following nine pieces of information: 1.              Gross wages earned, 2.              Total hours worked (unless the employee is exempt from overtime requirements), 3.              If the employee is paid on piece rate basis, the number of piece rate…

The term “uniform” includes wearing apparel and accessories of distinctive design or color.  Ordinary work clothes are not considered uniforms when the employees have free choice of what to wear. When the employer specifies the design or color or requires that an insignia be affixed, it is considered a uniform. An employer who requires uniforms…

“Gratuities” include any tip, gratuity, money, or part thereof that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due the business for services rendered or for goods, food, drink, or articles sold or served to the patron.  (Labor Code §…

Wages must be paid according to a regularly set schedule. (Labor Code § 207)  When employees work overtime during a pay period, the payment of the overtime wages may be delayed to the next regular payday. (Labor Code § 204)  All earned wages must be paid at least twice a month, on days designated in…

1.              Containing material that is unrelated to the employer. For example, any policy that the employer does not enforce and any procedure that the employer does not follow should be removed. follow 2.              Inconsistencies with other documents.  When an employee handbook conflicts with a provision of a contract between the employer and an employee, a…

Employers must keep accurate records of the time worked by their non-exempt employees.  Common ways of keeping time records include: writing out the time worked; punching a time clock or using a computer login program.  No matter how they are created, time records must show: (1) when the employee begins and ends each work period;…

Not only do employers have a duty to keep certain employee records, they have a duty to give current, former and prospective employees access to their personnel file. An employee has the right to inspect any records that are used or have been used to determine the his/her qualifications for employment, promotion, additional compensation, termination…