Joseph Beachboard

Q. The Employee Free Choice Act (EFCA) has been headline news as of late. What is this proposed legislation?

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Q. I recently heard that employers are now required to use a new I-9 form for new employees. Is this true?

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Q. If an employee works four-hour shifts for seven consecutive days, are we required to pay him time-and-a-half for the seventh day? Is it even lawful for us to require him to work seven consecutive days?

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Q. How does the new California law making it illegal to send and read text messages while driving affect employers?

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Q. I have an employee who is a volunteer firefighter. Although I believe that volunteering is important, his absences to respond to emergencies have disrupted workplace productivity. Can I replace him because of the problems his service causes?

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Q. Our company is considering replacing sick leave and vacation benefits with a paid time off (PTO) program. How are these plans treated upon the termination or resignation of an employee?

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Q. Several recent hires have suffered work-related injuries shortly after beginning their employment. As a result, our workers’ compensation premiums have soared. The company’s CEO, in an effort to avoid this problem, has directed that only “careful” workers be hired in the future. Is this legal?

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Q. One of our employees is experiencing performance-related problems that I believe are attributable to a mental disability. However, the worker has not notified the company that he suffers from an impairment that may be a covered “disability” under state or federal laws. Nor has he asked for any accommodations. Should we nonetheless offer to reasonably accommodate this employee?

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Q. One of my employees has created his own web site. Recently, he has been posting negative comments about our company. Specifically, he has accused the company of failing to provide adequate benefits and paying below-market wages. Can we fire the worker for this conduct?

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Q. Our company’s attendance policy calls for issuing a warning when an employee has three absences. Five absences result in a suspension, and seven absences result in termination. Can we continue this policy?

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