Tag: Morrison Foerster

Leave Banks: Can We Deduct Partial-Day Absences from Exempt Employees’ Leave Banks?

We seem to have come across a conflict related to exempt employee leave banks. We want to deduct from our exempt employees’ leave banks for partial-day absences. We understand that the California Labor Commissioner has indicated that accrued leave time may not be used to replace salary for partial-day absences. However, I see that a […]

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Wage and Hour: What Are the Pros and Cons of Classifying Salaried Employees as “Salaried Nonexempt?”

Our VP of HR wants me to evaluate whether we should consider applying “salaried nonexempt” status to some of our nonexempt employees. I’m having trouble nailing down exactly why a company would choose to do this, and also, how it would work. I understand that the employees still get overtime, so what’s the point? — […]

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Short Takes: Use-It-or-Lose-It Vacation Policies

Can we institute a use-it-or-lose-it vacation policy to encourage our employees to take their vacations? 400+ pages of state-specific, easy-read reference materials at your fingertips—fully updated! Check out the Guide to Employment Law for California Employers and get up to speed on everything you need to know. Use-it-or-lose-it vacation policies are not allowed in California. […]

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Recruiting: Are We Allowed to Recruit Employees from Competitors?

Our company’s hiring managers always want me to recruit from certain competitor companies. I’d like to know what legal and ethical limits there are on my right to recruit employees from other companies. Can I cold call someone in a competing firm and ask if they would be interested in working for my firm? What […]

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Wage and Hour: How Do We Sort Out Holiday Pay?

We’re having trouble getting our holiday pay policy clarified. If our employees don’t work on a holiday, they get paid straight time for their normal hours for the holiday. If they do work on a holiday, do they get time and one-half for the hours worked on the holiday plus the straight time holiday pay? […]

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Short Takes: Recording Phone Calls

I know that California law requires both parties’ consent to record or monitor phone calls. So if we intend to record or monitor incoming phone calls, we need to have a recording that says that the call may be monitored or recorded. However, what if we are calling out to a customer or client? At […]

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Short Takes: Overtime on Bonuses

Could I get some clarification on whether we owe overtime on predetermined bonuses? We pay a production bonus to our assembly workers when they hit certain production levels. The bonus is not a great amount of money, but it does seem to keep production levels up. Now we’ve heard that we should somehow be paying […]

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