Q. With the upcoming presidential elections, conversation among our employees has increased concerning the candidates and their positions on certain issues. I overheard an employee supporting Donald Trump, a candidate who goes against all of my core beliefs. Can I tell him that any employee of mine cannot support Trump?
Q. A former employee asked me to provide a reference to a prospective employer. While he left our company on good terms, he had lateness problems, his performance was substandard, and I was not fond of him. Can he sue me for giving him a bad reference?
Q. My company is headquartered in San Francisco, but I have several employees throughout California, including in Los Angeles. What are my obligations with regard to the new Los Angeles minimum wage ordinance?
Q. Our company needs to hire computer programmers to create, maintain, and update internal software, and to develop apps to give to our clients. I have heard about a “computer workers” exception from overtime. What exactly is the exception and can I apply it to my computer programmers?
Q. Does the recent U.S. Supreme Court decision on same-sex marriages have any effect on us with regard to the Americans with Disabilities Act?
Q. I heard that there have been increases in the IRS penalties that employers have to pay for failing to file (or filing incorrect) tax documents?
At some point the question becomes not whether you need to dig deep into a case of workplace misconduct, but who you’re going to get for the task. Here are some guidelines.
Q. As a California employer, I realize that I cannot discriminate against employees who belong to protected groups. But what if I mistakenly think that an employee is or is not a member of one of these groups, and accidentally treat him or her in a way that is discriminatory?
Q. I hand a brochure titled “Job Information and Requirements” to each new hire I bring on board to my construction company. With the addition of new positions, I need to draft new brochures with job descriptions, but am having trouble determining the essential job functions. Is there a specific method that I can use to decide whether a job function is essential?
Q. I recently posted want ads to hire new employees. Recently, I received a letter from someone who wants to sue me for “deterring applicants.” The ads that I sent out simply stated my company’s name and address, the position available and that applicants who are younger and live nearby are preferred. What did I do wrong?