Frequently Asked Questions

Pregnancy Disability Leave

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...

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Outside Salespersons

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...

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Summer Intern

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...

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Extended Medical Leave

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...

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Medical Coverage for Leaves

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...

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Employing Minors

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,...

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Uniform Maintenance

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?...

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Termination Package

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...

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Silvers HR is a Sacramento based Human Resources Management company specializing in HR policy development, management training, employee assessments, compensation and benefit program design, employee attraction and retention programs, and performance management programs. For companies looking to outsource their Human Resources department, we offer all the services but none of the overhead of hiring a full-time Human Resources employee. Silvers HR – California HR Services and Consulting.
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