Joseph Beachboard

Q. An employee has asked to have his wife present during his performance evaluation. Does he have the right to bring a representative?

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Q. I am the HR director for a large company. We recently realized that we have not been providing nonexempt employees with any breaks during the day (other than a lunch break). What should we do?

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Q. One of our exempt employees has requested a partial day off to attend a religious service and contends that she should be paid for this time off as a “religious accommodation.” Is she correct?

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Q. When an Occupational Safety and Health Administration inspector arrives at our workplace, must we allow him or her onto the premises?

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Q. Can we implement a provision on our sexual harassment policy that imposes discipline on employees who bring false harassment claims?

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Q. We have two employees who regularly fail to turn in their time cards on a timely basis. Can we hold off on paying them until they submit their time cards? Can we delay payment until the next pay period?

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Q. My company has a “use it or lose it” vacation policy. Is it lawful for employees who have not taken their vacations at the end of the calendar year to lose them if we have given our employees advance notice of our policy?

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Q. We want to fire a bad worker, and we don’t want to take an unemployment comp hit. Under California law, when can a terminated worker be denied unemployment benefits?

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Q. To prevent productivity and morale problems, we would like to adopt a policy banning the hiring of our current employees’ spouses. Would this be lawful?

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Q. On the U.S. Department of Labor’s Form WH-381 “Employer’s Response to Employee,” there is a line that asks whether the worker is a “key employee” as described in the FMLA regulations. I always check the box indicating that the worker is a key employee. How should I mark these boxes? I consider most of our workers key employees, and I do not want to offend anyone by suggesting that they are not.

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