Frequently Asked Questions

Question: Our employee has been out on PDL for eight weeks and plans on taking an additional six weeks off after the pregnancy disability ends to bond with the baby.  We have 15 employees. Does she qualify for additional job protected time off? Answer: Yes.  If you...

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...

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 (DOL) released Fact Sheet #71 in January of 2018 which explains that the “primary beneficiary test” should be...

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...

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 protected leaves of absence and collective bargaining...

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,...

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?...

Question: What Must I Give Employees Who Are Leaving Our Company? Answer:  In addition to final payment of wages (including accrued unused vacation or PTO), employees who are separating employment in California must receive specific documents on their way out the...

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...

Question:  We have several hourly employees who work eight hours per day.  Currently they take a one-hour meal period after working four hours.  The employees would prefer to take a 30- minute meal period and leave 30 minutes earlier.  Is this permitted? Answer: ...

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...