Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Joseph Beachboard
The strangest employment law stories of 2023
Experienced HR professionals have learned that you never say, “Now I’ve seen everything!” because the bizarre things that happen in the workplace never cease to amaze. Let’s count down a few of the most bizarre cases of 2023. I’ve chosen my favorite five, but there was certainly no shortage of material last year. Hollywood came to a virtual standstill after multiple strikes in 2023.
California COVID-19 Series: Considerations for Businesses Requiring Customer Face Coverings
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
California COVID-19 Series: Employment Privacy Issues (Podcast)
In this episode of our California COVID-19 series, Joe Beachboard, Betsy Johnson, and Hardy Murphy discuss the employment-related privacy issues associated with the COVID-19 pandemic. They address considerations in implementing health screening programs, including testing options, wage and hour considerations, and intersecting state and federal agency guidance.
California COVID-19 Employment Privacy Issues [PODCAST]
Betsy Johnson has represented employers in California since 1985. Ms. Johnson actively partners with her clients to seek innovative and practical ways to best meet their unique needs. Ms. Johnson works with California-based small and medium employers, as well as large multi-state employers.
Transferring and Fostering Positivity in the Workplace
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
California COVID-19 Series: Employment Litigation During the COVID-19 Pandemic
Linda Claxton has represented employers in all aspects of employment law during her 30 year career. She has significant trial experience representing employers as lead counsel in jury trials in state and federal courts, as well as in arbitrations and administrative proceedings.
California COVID-19 Series: Answers to Your Frequently Asked Questions (Podcast)
In the first episode of our California COVID-19 series, Joe Beachboard and Charles Thompson provide answers to employers’ frequently asked questions based on our two recent California COVID-19 webinars. They discuss shelter in place orders, leaves of absence, furloughs and Cal-WARN Act obligations, payout of PTO and sick time, and cost-saving measures such as reducing the salary of exempt employees and reducing working hours.
What are California's unique overtime rules?
Q. Do I have to pay overtime to an employee who works more than eight hours a day but less than 40 hours of work per week? A. California wage-and-hour law tends to be more protective of employees than other states’ laws or the laws of the federal government.
Are we allowed to refuse to hire employees with very thick foreign accents?
Q. We are a large telemarketing company. We often receive customer complaints about employees who speak in thick accents. Can we refuse to hire individuals with accents for this reason? A. According to the 9th Circuit, an individual’s accent can be a characteristic of his or her national origin or ancestry. Thus, in many circumstances, taking adverse employment action on the basis of an individual’s accent will be considered unlawful national origin or ancestry discrimination under California law.
3 questions about pregnancy leave in California
Q. Are California employers required to provide disability leave for pregnant workers? A. California Government Code Section 12945 makes it unlawful “to refuse to allow an employee disabled by pregnancy, childbirth, or a related medical condition to take a leave for a reasonable period of time not to exceed four months and thereafter return to work.” Simply being pregnant does not entitle an employee to pregnancy disability leave. The individual must be disabled by the pregnancy.
How should we handle transgender dress code?
Q. A new employee refuses to comply with our dress code, which has slightly different requirements for men and women, because the individual is transgender. Though the new employee marked “female” on our employment application, the individual has since told us about identifying as a man. Can we require this employee to follow our dress code for women? A.
Are we allowed to tell women they can’t wear pants at work?
Q. I am an HR director for a traditional, conservative company and have run into a new issue. When onboarding employees, I always explain our preferred dress code: we prefer women to wear skirts and dresses with pantyhose to work because many of our senior partners are old-fashioned. A new female employee said she would prefer to wear pants. Can we require her to wear a skirt instead? A. California law actually addresses this.
Must we pay for travel time between home and airport and between airport and hotel?
Q. Is an employer required to pay an employee for time spent traveling from home to the airport (and vice versa, from airport to home on the return trip), and for travel time from the airport to a hotel (and vice versa)? A. If the travel time from an employee’s home to the airport is the same or substantially similar to the time he or she would commute to his or her usual reporting place on a regular business day, then travel time does not begin until the employee reaches the airport.
How should we pay nonexempt employees when they are traveling on business?
Q. Our sales team travels around the country for client pitches and various project meetings. Some members of the sales team are nonexempt. While flying, some staff perform work on their computers, while others relax or listen to music. Are we required to pay employees for travel time even if the employees are not working? A. The California Division of Labor Standards Enforcement addressed this issue in an opinion letter from 2002.
Are truck drivers automatically due overtime?
Q. Are motor carriers exempt from complying with California’s usual overtime pay requirements? A. Employers of drivers in certain industries that are regulated by the U.S. Department of Transportation, the California Public Utilities Commission or the California Highway Patrol may be exempt from California overtime requirements. The exemptions apply to drivers of commercial vehicles used in interstate commerce on behalf of a business.
When can we require medical exams? Are we allowed to make an employee pay for a job-related medical exam? - Business Management Daily
Q. May employers require medical examinations of applicants and employees? A. The California Fair Employment and Housing Act and the federal ADA allow employers to conduct medical examinations in certain circumstances. In general, job applicants who have not yet received an offer of employment may not be subject to medical examinations.
Do gift cards count as employee income? - Business Management Daily
Q. We gave our employees gift cards as holiday gifts. Must these gift cards be reported as taxable income? A. The Internal Revenue Code states that “gross income” is subject to income tax—unless specifically excluded by the code. One such exclusion in the code is found in Section 132(a)(4), which provides that “gross income shall not include any fringe benefit that qualifies as a . . .
Frequently asked questions about vacation pay in California
Q. Must employers in California provide employees with paid vacation time? A. Neither federal law nor California law require employers to provide paid vacation time to employees. If an employer does choose to offer paid vacation time as a benefit, keep in mind that earned vacation time is considered wages under California law and that vacation time vests at the time labor is performed.
What are our obligations under the California Employee Literacy Education Assistance Act?
Q. An employee recently disclosed that he is illiterate and asked for our help in finding an adult literacy education program. What are our obligations toward this employee under California law? A.
Fired for misconduct: Can former employee collect unemployment benefits?
Q. A former employee engaged in misconduct, which resulted in his discharge. Now he is requesting unemployment compensation benefits under California law. Is an employee entitled to these benefits if he or she is no longer employed, regardless of the circumstances? A. California provides unemployment compensation benefits to certain employees who are no longer employed, but there are several situations that can prevent an individual from receiving such benefits.
Frequently asked questions about COBRA and Cal-COBRA
Q. We are considering discharging an employee and are concerned about our obligations under COBRA. What does COBRA require? A.
Can I turn down a vacation request?
Q. As an employer, am I required to agree to all vacation requests my staff members submit? A. According to the California Department of Industrial Relations, an employer is not required to grant all vacation requests. Employers can control “when vacation can be taken and the amount of vacation that may be taken at any particular time.” You may want to include a uniform vacation policy in your handbook and implement it consistently to avoid claims of discrimination.
What’s the problem with checking social media accounts of applicants and employees?
Q. I would like to ensure that all of the individuals working for us do not engage in morally questionable behavior. Since many people show their true selves on social media, not at work, can I check the social media profiles of applicants and employees? A.
What happens when payday is on a holiday?
Q. Our wage payment deadline falls on the first Monday of September this year, which is Labor Day. By when must a company make payments to meet its deadline and avoid penalties when its payment date falls on a holiday? A. The California Division of Labor Standards Enforcement allows employers to pay wages on the following business day if a wage payment deadline falls on certain days when the business is not in operation, such as a state- and company-recognized holiday.
Do we have to close on Labor Day?
Q. This is our busiest time of the year, and we really can’t afford to give our employees Labor Day off. Is it illegal to have employees work on Labor Day? A. Though many employers choose to do so, there is nothing in state or federal law that requires employers to close their businesses or provide time off on holidays—even if the days are recognized holidays. Therefore, if you need to stay open on holidays, you can.
Must we pay a premium on holidays?
Q. I have chosen to keep my business open on Labor Day. Must I pay employees who work on Labor Day (and other holidays) premium holiday pay? A. There is no obligation under state or federal law to pay a premium holiday pay rate to employees who work on a holiday. However, if your business has a policy or practice of paying such a premium or is obligated to do so under a collective bargaining agreement or employment contract, that standard should be upheld.
What are the limits for meal and lodging credits for employer-provided housing in Calif.?
Q. Our company often deducts the costs of meals and lodging from live-in employees’ minimum wages. How much can we credit meals and lodging against minimum wage in California? A. Employers that cover the cost of meals and lodging for their employees may credit those costs against their minimum wage obligation. For such an arrangement to be legal, there must be a voluntary written agreement between the parties.
Can we use a tip credit in California?
Q. We are expanding out hospitality chain into California. What is the maximum tip credit we will be able to deduct from servers in California? A. California does not allow employers to take a tip credit. Thus, tipped employees in California are entitled to the minimum wage regardless of their tips. As of Jan. 1, 2017, the minimum wage in the state of California is $10.00 per hour for employers with fewer than 26 employees, and $10.50 per hour for employers with 26 or more employees.
What does ADA say about accommodation when employee has communicable disease?
Q. We discovered that a beloved member of our kitchen staff has hepatitis A. I know that many protections exist for individuals with disabilities, but we are worried about him handling food. Can we reassign him to the front of the house as a host? A.
Fear of violence: Can we terminate employee who has mental illness?
Q. We discovered that one of our employees has a history of unprovoked violent fits due to schizophrenia. We certainly sympathize with our employee’s struggle, but we also worry about the safety of customers and other employees. Does state law allow us to fire him for this reason? A.
Can a thermostat adjustment really be an ADA reasonable accommodation?
Q. One of our employees suffers from arthritis and has complained that the temperature of the office triggers joint pain. She has requested that we heat the entire office to 80 degrees Fahrenheit as an accommodation of her disability. Must we do so? A. The federal ADA and the California Fair Employment and Housing Act require covered employers to provide reasonable accommodations to individuals with disabilities.
Can we require seven straight days of work in California?
Q. Tax season is very busy at our accounting firm. Can I schedule employees to work every day of the week during the spring? A. California Labor Code Section 551 requires that employees have one day of rest in seven days. The law says “no employer of labor shall cause his employees to work more than six days in seven.” However, there are several exceptions, including one for emergencies.
How do we comply with California’s human trafficking notice law?
Q. I own a truck stop. Do I have notice-posting obligations regarding human trafficking under state law? If so, how do I comply? A. Since 2013, California law (S.B. 1193) has required certain establishments to post a notice regarding human trafficking.
How much time off to donate kidney?
Q. I am a small employer. One of my employees plans to donate a kidney to her sibling. She will need to take time off for the surgery and recovery. How much time can she take off? Must it be paid? A. Employers with 15 or more employees must grant 30 days of paid, job-protected leave to an employee for the purpose of organ donation. The leave must be taken in a one-year consecutive period. Leave for organ donation does not run concurrently with the FMLA or CFRA.
Must I grant time off for employee to participate in firefighter training?
Q. An employee who is a volunteer firefighter wants to take two weeks off to engage in related trainings. That seems like a lot of time to miss. Must I allow him to take this time off? A.
During crunch time, what are the meal break rules for long shifts?
Q. We are entering the busy season at work and would like our employees to work longer hours than usual for the next two months. Do we have any obligations to provide our employees with additional meal breaks if they work longer than eight hours in one day? A. You might have to provide your employees with a second meal period depending on how many hours they work in a single day.
How to pay for work-related driving expenses?
Q. What methods can I use to compensate my employees for their work-related driving expenses? A. There are several methods by which a California employer can reimburse employees for work-related driving expenses. The mileage reimbursement method is the most common. It requires the employer to pay its employees’ business-related travel expenses at a predetermined rate per mile (currently 53.5 cents) that approximates the per-mile cost of owning and operating an automobile.
What’s the reimbursement rate for work mileage employees put on their personal vehicles?
Q. Some of my employees are required to drive their personal cars to and from various worksites during working hours. Do I have to compensate these employees for the miles they drive during this travel? If so, how much per mile must I reimburse them for? A.
Can I cap how much vacation employees can accrue and still comply with California law?
Q. My employees receive one week of paid vacation per year. Since I cannot have a use-it-or-lose-it policy, can I just cap vacation accrual at five days? A. California law requires employees to be given a “fair opportunity” to accrue vacation time.
Is there a problem with requiring applicants to meet height and weight standards?
Q. May we impose height and weight requirements on job applicants? A. Generally, employers should not ask about the height or weight of an applicant. Though height and weight are not protected categories under California law, such questions can expose employers to lawsuits. That is because height and weight requirements can—unintentionally or intentionally—discriminate on the basis of gender, race and ethnicity.
OK to demand photos with applications?
Q. Can we require job applicants to submit photographs with their résumés and applications? A. According to the California Code of Regulations, photographs cannot be required as part of the job application unless “pursuant to a permissible defense.” Similarly, according to the EEOC, “employers should not ask for a photograph of an applicant.” The California Department of Fair Employment and Housing also lists a photograph requirement as an impermissible employment inquiry.
Can we urge an employee to change her name?
Q. With Valentine’s Day around the corner and love in the air, I think it would be an opportune time to convince our employee to take her husband’s last name. A. The California Fair Employment and Housing Act prohibits employers from forcing married women in the workplace—either applicants or employees—to use their husband’s name.
Call of (jury) duty: What must we do?
Q. What are California employers’ obligations with regard to workers who get called on for jury duty? A. California Labor Code Section 230 prohibits employers from discharging or otherwise discriminating “against an employee for taking time off to serve as required by law on an inquest jury or trail jury” if the worker provides “reasonable notice.” The California Division of Labor Standards Enforcement and the Department of Industrial Relations handle complaints about violations.
What kind of pregnancy and family leave rights do gestational surrogates have in California?
Q. One of our employees is a gestational surrogate for a woman who cannot carry a child. Is our employee entitled to pregnancy disability, FMLA or CFRA leave as a surrogate? A. California law is generally protective of surrogacy arrangements. It requires all public employers and private employers with five or more employees to provide up to four months of job-protected pregnancy disability leave if a woman is “actually disabled” by her pregnancy.
All about California’s WARN Act
Q. Our company is going to have to lay off a large number of employees. Are we required to give notice to the employees? A. If your company is a “covered establishment,” which is defined as any industrial or commercial facility that employs (or has employed within the preceding 12 months) 75 or more persons, you need to provide notice under the California Worker Adjustment and Retraining Notification (WARN) Act.
Can I really not smoke in my own office?
Q. I recently relocated my business to California from a foreign country. I heard that I am not allowed to smoke in my office. Is this true? A. California Labor Code Section 6404.5 states that, “No employer shall knowingly or intentionally permit, and no person shall engage in, the smoking of tobacco products in an enclosed space at a place of employment.” There used to be some exceptions to this general rule.
No workers: Still need workers’ comp coverage?
Q. My wife and I run our own business. Are we required to obtain workers’ compensation coverage even though we have no employees? A. Sole proprietors with no employees are generally not required to provide workers’ compensation benefits, though they do have the option of obtaining workers’ compensation coverage for themselves. However, if the business hires even one employee, it will need to have workers’ compensation coverage.
Must we continue health insurance when employees are out of work on leave?
Q. Is our business required to continue to offer health benefits to our employees while they are out on family leave? A. The California Family Rights Act (CFRA) provides leave to employees for the: Employers must continue health care coverage for an employee who is on CFRA leave. Employers that provide health benefits under a group health plan must continue to do so during the employee’s leave.
He handles our money! Can we terminate employee who recently filed for bankruptcy?
Q. I recently discovered that an employee who handles company money has filed for bankruptcy. My concern is that if he was unable to handle his own finances, he may be untrustworthy with company finances. Can I discharge this employee? A. Under federal law, the fact that an individual has filed for bankruptcy is not a legal reason for rejecting an applicant or for firing a current employee.
Are we required to grant leave for holidays and pay extra if employees have to work?
Q. Several of my employees have asked me about which holidays they have time off, and if that time will be paid. Do I have to give my employees any time off for holidays? If so, must it be paid time off? A. There are a number of recognized holidays throughout the year, and certain ones are generally seen as warranting employee time off: New Year’s Day, Thanksgiving, Memorial Day, etc.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Joseph
Contact Joseph, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack