Thursday, May 30, 2013

Working at Home during Family and Medical Leave (FMLA)

More employees who are physically unable to come to work are performing work for their employer from home.  Please note that performing work for the employer from home does not count against the 12-week leave allotment under FMLA.  It is therefore important both for the employee and the employer to document when and if the employee on FMLA leave is performing work tasks from home, as the hours spent performing those tasks should be deducted from any calculation of FMLA leave used.  Perhaps, if technology allows, the employee would have to work through the employer's network, which could track these hours, or at least the employee would contemporaneously record the time, subject matter, client, etc. of the work on the network.

Tuesday, May 21, 2013

Reminder of New Commission Law in California

Any employee hired to perform commission work in California, whether hired by a California company or not, must receive a written contract that includes the method for calculating and paying commissions.  Previously, this applied only to employers outside of California. 

Whether you are a California employer of California residents or not, there is the potential for wage and hour and independent contractor claims, and you might consult an attorney to get your standard commission contracts in proper order.