HR Minute
New and trending issues for auto dealers
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The Scali Law Firm: Coffee Break
A flavorful treat from The Scali Law Firm

Clarification of wage statement obligations

California law specifies what must be included on employee wage statements or paystubs, which includes an employee’s “total hours worked.” But how does an employer comply when an employee is in an exempt position that is not required to record hours worked? Now the legislature has provided some clarification on this.

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Unpaid interns may be deemed employees who must be paid

Unpaid internships are often a mutually beneficial arrangement in which the intern gains valuable experience and training and the business can vet potential future employees. However, employees must be careful that their unpaid interns are not deemed to be employees.

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The interactive process

An often-overlooked obligation

Although employers are generally aware that they must provide reasonable accommodations for disabled employees, which could include modified work duties, leaves of absence, or reduced schedules, there is an additional obligation that is often overlooked: the obligation to engage in the interactive process. In fact, under the Fair Employment and Housing Act, the failure to engage in the interactive process creates an entirely separate legal claim.

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Maintaining personnel records

What goes where?

As tempting as it may be for an employer to just throw all documentation pertaining to an employee into one personnel file, numerous legal reasons exist why certain records need to be separated from others, such as privacy, discrimination, and HIPPAA obligations.

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