Tag: documentation

Family and Medical Leave: A Spotlight on Time Off for Adoption or Foster Care

A new department of Labor opinion letter sheds light on when an employee does—and doesn’t—have the right to FMLA leave when adopting a child or receiving a child for foster care. We’ll explain the rules and point out some key differences in this area between the FMLA and the California Family Rights Act (CFRA). FMLA […]

Short Takes: Background Checks

A criminal background check on a new employee has revealed that the employee has a warrant for his arrest (drunk driving). The warrant does not appear to have been resolved. Can we discuss this matter with the employee? If so, and if the employee indicates that the matter has been resolved in the courts, can […]

Short Takes: Benefits

Once we hire an employee, we provide full medical, dental, and vision insurance coverage to the employee, spouse, and children. Are we able to request marriage certificates and birth certificates for eligible family members for the purpose of insurance benefits? We have found that employees will often list nonrelatives for insurance benefits (e.g., a boyfriend, […]

Religion in the Workplace: Employer’s Refusal to Permit Employee to Attend Jehovah’s Witness Convention Leads to Liability

In a new California appeals court decision, an employer learned the hard way about the obligation to accommodate an employee’s religious beliefs and practices—even if they conflict with work obligations. Request to Attend Religious Convention Lester Young, a Jehovah’s Witness, worked for Gemini Aluminum Corp. in Pomona. Young had attended a church convention almost every […]

Military Leave: DOL’s Draft Rules Clarify Reemployment Protections for Veterans and Reservists

The U.S. Department of Labor (DOL) reports that it has received complaints from thousands of returning military personnel about their reemployment rights under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). To better educate employees and employers about their rights and obligations under this law, the DOL has released draft regulations designed to […]

Workers’ Compensation: Court Upholds WCAB Decision That Employer Terminated Employee Because of Industrial Injury; Practical Tips to Help You Avoid Retaliation Claims

Appliance installer Morton Wong injured his elbow while employed at Crown Appliance in Modesto. Wong claimed he always had a good working relationship with Crown’s owner, Mary Sanchez, but that things went downhill when he returned to work following the injury. Eventually, the Workers’ Compensation Appeals Board (WCAB) found that Crown illegally discriminated against Wong […]

Meal And Rest Periods: Employers Settle Lawsuits Claiming Back Overtime For Missed Breaks; Know The Rules–And The Penalties

Do you know when you’re required to provide employees with meal and rest breaks? Are you following the rules? If not, you could be headed toward an expensive legal battle. And a recent spate of wage and hour lawsuits charging employers with violating meal and rest break provisions is focusing attention on these rules.

Reasonable Accommodation: Court Examines Limits to Employer’s Obligation to Engage in Interactive Process with Disabled Employee

When Pacific Bell service technician Clarence Allen became disabled, his doctor told the company the disability prevented Allen from performing anything other than sedentary work. Allen then asked Pacific Bell to accommodate his disability by allowing him to return to his service technician position without requiring him to climb poles and ladders. Requested Accommodation Denied […]