Some frequently asked employment law questions include:

 

  • What is the Wage Theft Protection Act?  Labor Code section 2810.5 gives greater protection to workers, and makes changes in the way workers are notified of basic employment information.  IT MAY APPLY TO ALL OF YOUR NEW HIRES.   FAQ regarding this law.  This law requires that employers complete a new form: pdf or word.
  • Do I need an employee handbook?  While not legally required, a well-drafted handbook is very helpful.
  • I have just received a notice to appear at a settlement conference with a Labor Commissioner regarding an ex-employee.  It is not a hearing; should I bother preparing?  Yes.  You may learn information about the claim.  In addition the Commissioner is generally required to determine if the claim has any merit.
  • I want to terminate an employee's employment?  Should I be concerned about the timing of the final paycheck and accrued benefits, such as vacation?  Yes: there are strict rules about this?
  • Should I be concerned about intra-office personal relationships?  Yes: ignorance is often not bliss.
  • I have given an employee a written reprimand, but he refuses to sign.  Is it still valid?  Yes.  Explain to the employee that his signature indicates only that he has read the reprimand, not that he agrees.  If he still refuses, you an indicate of the form that the employee refused to sign and place it in the employee's personnel file.
  • Am I required to let an employee review her personnel file?  Yes.  Personnel files may be viewed and inspected upon request.
  • Are there parts of the personnel file that are confidential?  Yes; certain portions may be protected from examination, even from the employee him or herself.
  • An employee has asked for a workplace restraining order.  What should I do?  The California Judicial Council has prepared template forms for this purpose, which greatly simplify the application process.  All such requests should be individually evaluated.