Author: Gabrielle Wirth

Quirky Question #242 – Policing Break and Time Records Pays Off

Quirky Question #242 – Policing Break and Time Records Pays Off

Question: We are a California employer.   After all the publicity surrounding class actions over meal and break periods, we instituted automatic warnings if employees take too long or too short a meal or rest break. Is anyone really enforcing this kind of discipline or are we wasting our time?

Quirky Question # 239, Employers Might Be Liable For Accidents During The Commute If They Require Employees To Use Their Vehicle During The Work Day

Quirky Question # 239, Employers Might Be Liable For Accidents During The Commute If They Require Employees To Use Their Vehicle During The Work Day

Question: Our office manager occasionally runs errands during the day such as delivering something to a customer or picking up lunch for a meeting. We reimburse her at the IRS rate for mileage. Yesterday, on her way home, she rear-ended the car in front of her causing substantial damage.  She has asked for the company’s insurance information. We told her...

Quirky Question # 224, The De Minimis Defense to Off the Clock Work Claims

Quirky Question # 224, The De Minimis Defense to Off the Clock Work Claims

Question: We have an employee who is claiming that he should be paid for time cleaning up his work station after logging out of our electronic time keeping system each night.  Literally, he spends one or two minutes straightening his piles of paper and on other trivial similar tasks.  Another company HR representative said that every minute an employee spends...

Quirky Question #220, Independent Contractors

Quirky Question #220, Independent Contractors

Question: I have always understood that California employers that misclassify workers as independent contractors face potential liability, including compensatory damages, penalties and attorney’s fees. I recently heard a news broadcast that mentioned there were cases suggesting that recent court decisions have approved the use of independent contractors in California.  Is that true and what are the takeaways?

Quirky Question #217, Bereavement Leave in Colorado and Oregon

Quirky Question #217, Bereavement Leave in Colorado and Oregon

Question: An employee in our Corporate Office recently informed Human Resources that she was requesting bereavement leave with respect to her sister’s death last month.  When she was informed of our company policy, that up to 3 days of paid time off may be taken to attend the funeral, she said her attorney friend told her a new law requires...