Tag: California State Law

Question: Is an exempt employee in California who spends 15 minutes answering emails while on vacation using a work day or a vacation day? Answer: If the exempt employee worked any amount of time for the day, it is considered a work day and the employee must be paid for the full day. However, you…

Question: If a California employer terminates a nonexempt employee in the first hour of work, are they required to pay for just the hour, or the whole scheduled shift? Answer: In California, if an employer has scheduled an employee to work on a particular day but sends the employee home early due to lack of work (or…

Question: Can an employer offer employees in California vacation or “comp time” off in lieu of overtime? Answer: California Labor Code § 204.3 provides that an employee may receive, in lieu of overtime compensation, compensating time off (comp time) at a rate of not less than one and one-half hours for each hour of compensable overtime. However,…

Question:  Can a California employer put a policy in place that allows them to deduct from final wages if a uniform is not returned? Answer:  A California employer that requires employees to wear uniforms cannot deduct from employee wages for any cash shortages, breakages, or loss of equipment, unless the shortages, breakages, or losses are…

Question: We have an office in California where an employee is getting ready to go on maternity leave.  Can you explain how all of the leave laws in California work with FMLA? Answer: What follows below is a summary of the interaction between California Pregnancy Disability Leave (PDL), federal Family and Medical Leave Act (FMLA) and California…

Question: How should my California client with less than 50 employees handle pregnancy leave for an employee hired 2 months ago? Answer: Given the fact that the client has less than 50 employees, neither the federal Family and Medical Leave Act (FMLA) nor the California Family Rights Act (CFRA) applies.  The California Pregnancy Disability Leave (PDL) does…

Question:  We are a California employer and plan on introducing a discretionary bonus program based on performance.  Does an employee have to be with us for a year before he is eligible to participate in the bonus plan? Answer: The short answer to your question is that there is no statutory requirement that a California…

Question: Can a California employer require that independent contractors working at the employer’s work site attend sexual harassment training?  If so, can the independent contractors take the training onsite or would the employer be required to pay for the course elsewhere and their time to take the course? Answer: California employers are required to take…

Question: In CA, once the employee has exhausted FMLA and/or CFRA, are we able to say that they no longer can vest for stock options, seniority, etc. as long as the same rules applies for all other leaves? Answer:  The short answer to your question is yes. Except in certain circumstances outlined below, even during…

Question: How much should we pay software engineering interns in California?  Is there a certain rate that is required under the California Wage Orders for Computer Professionals? Answer: The answer depends upon the type of work you are having the interns do and whether the job is exempt from overtime rules.  As an employer you…