If an employee is injured and is unable to work overtime (i.e., over 8 hours in a day or 40 hours in a week), can an employer terminate the employee?  Potentially.  Employers may terminate employees who are unable to work overtime if this is an essential duty of the position.  This Friday’s Five reviews when being able to work overtime can be an essential duty of a position:

1. Disability discrimination under California and Federal law

The California Fair Employment and Housing Act (“FEHA”) makes it an “unlawful employment practice” “[f]or an employer, because of … physical disability … of any person … to discharge the person from … employment.” (Gov. Code § 12940, subd. (a)).

Similarly, the Federal ADA prohibits employers from discriminating against any “qualified individual on the basis of disability.” 42 U.S.C. § 12112.  In evaluating discrimination claims under both the ADA and FEHA, courts apply the McDonnell Douglas three-part burden-shifting framework. Raytheon Co. v. Hernandez, 540 U.S. 44, 49 (2003) (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973)); Guz v. Bechtel Nat’l, Inc., 8 P.3d 1089, 1113 (Cal.2000). Under the McDonnell Douglas test, the plaintiff must first establish a prima facie case of disability discrimination.  If established, then the burden shifts to the employer to demonstrate a “legitimate, nondiscriminatory reason” for the challenged action.  Finally, the burden shifts back to the plaintiff to prove that the employer’s asserted reason is pretextual.

2. Unable to perform “essential duties” with a reasonable accommodation

There are certain exceptions to an employer’s liability for disability discrimination. For example, an employer may discharge an employee with a physical disability or medical condition where the employee, because of that physical disability or medical condition, “is unable to perform his or her essential duties even with reasonable accommodations, or cannot perform those duties in a manner that would not endanger his or her health or safety or the health or safety of others even with reasonable accommodations.” (Gov. Code § 12940, subds. (a)(1), (a)(2).)

So the question often turns then on what is an essential duty?  The identification of essential job functions is a “ ‘highly fact-specific inquiry.’ ” (Lui v. City and County of San Francisco (2012) 211 Cal.App.4th 962, 971.)

Evidence of whether a particular job duty is essential includes the following:

  1. The employer’s judgment as to which functions are essential;
  2. Written job descriptions prepared before advertising or interviewing applicants for the job;
  3. The amount of time spent on the job performing the function;
  4. The consequences of not requiring the incumbent to perform the function;
  5. The terms of a collective bargaining agreement;
  6. The work experience of past incumbents in the job; and/or
  7. The current work experience of incumbents in similar jobs.

29 C.F.R. § 1630.2(n)(3); see also Cal. Gov’t Code 12926(f)(2).  In making this determination, a jury will likely look at the job advertisement and the job description for the position at issue.  The jury would also likely review past job performance to see if the employee or others in similar job position routinely were required to work overtime.  In addition, if the employee works in the position and as an accommodation initially the employer attempts to accommodate the work restriction of no overtime, did the employee perform well?  Were there any complaints from customers?  Was all work completed?

3. Overtime can be an essential function of a job

Many courts have held that an employer’s requirement that the employee must be able to work overtime can be an essential function of a job.  Therefore, if the employee is unable to work overtime, the employee cannot assert a disability discrimination claim.  For example, in Rincon v. Am. Fed’n of State, Cnty, & Mun. Employees (N.D. Cal. Aug. 13, 2013) 2013 WL 4389460 the court granted summary judgment where the plaintiff was unable to work extended hours, which was an essential function of her union organizer job.  Also, in Davis v. Florida Power & Light Co. (11th Cir. 2000) 205 F.3d 1301, 1305–1306 the court found that where mandatory overtime work was an essential function of plaintiff employee’s position, summary judgment was properly granted for the employer, an electrical company, on the employee’s disability discrimination claim (“overtime is the tool that gets that work done”).   In Tjernagel v. Gates Corp. (8th Cir. 2008) 533 F.3d 666, 673, summary judgment was properly granted in favor of the employer where plaintiff was unable to perform essential function of overtime, which was an explicit requirement according to job description.

4. Employers must engage in the interactive process

In determining whether an employee’s disability can or cannot be accommodated, the employer is required to engage the employee in the good faith interactive process.  The Department of Fair Employment and Housing sets forth that this includes the following:

  • Employers must evaluate job applicants regardless of their actual or perceived disabilities. They can’t ask about the nature or severity of disabilities nor can they require an applicant to take medical or psychological exams that aren’t routinely given to other prospective hires.
  • Employers may ask an applicant about his/her ability to perform job-related functions and respond to a request for a reasonable accommodation.
  • Employers may (but do not have to) ask for medical certification of an employee’s or applicant’s need for reasonable accommodation.
  • If there is a question of what accommodation is possible or whether it will allow an employee or applicant to do the job, employers are required to engage in a timely, good faith interactive process with the person who needs support to do a job or his or her representative. This process can clarify what job functions are essential, what accommodations are possible, and whether accommodating an employee with disability will be an “undue hardship” to the business operation.

5. Job descriptions are essential

The analysis above should make it clear to employers that written and accurate job descriptions are essential.  Job descriptions should be carefully drafted and updated on a regular basis so that they can be utilized in establishing the essential duties of a job in disability litigation.

California employers need to review their hiring processes, interview questions, and on boarding practices to comply with California’s new laws regarding what types of questions can be asked and background checks. This video contains few portions of a presentation I conducted for a group of California employers covering new hiring laws facing California employers in 2018, including:

  • AB 168 (Labor Code section 432.3) effective January 1, 2018 bans employers from asking about prior salary history.
  • Criminal history prohibitions, and
  • the need to update applications and hiring forms to remove questions seeking this type of information

When hiring an employee, employers need to be mindful that any tests of the employee’s skills during the hiring process does not cross the line to become actual work that the applicant must be paid for.  Employers sometimes will ask applicants to demonstrate their food preparation skills in a restaurant setting, handling tools in a manufacturing setting, or typing skills in the office setting.  This Friday’s Five covers five issues employers should review to make sure that “try out” time or “staging” does not become work must be paid for:

1. As long as the time is not training the applicant, but is truly testing their skills the time does not need to be paid.

California Wage Orders define “hours worked” as “the time during which an employee is subject to the control of an employer.” Cal.Code Regs., tit. 8, § 11040(2)(K). This includes “the time the employee is suffered or permitted to work….” Id.  Therefore, as long as the employer is only using the time to determine the skills of the applicant it does not need to be paid.

2. If there is no productivity derived from the work performed by the applicant, the time does not have to be paid.

3. The period of time testing the employee is “reasonable under the circumstances.”

4. Each case is different, and the amount of time to test an employee will depend on the position.

The DLSE states in the Division of Labor Standards Enforcement and Interpretations Manual that, “the period of time to test skills of a sewing machine operator will be much less than that needed to test the skills of a computer programmer.”  (See DLSE Manual § 46.7.)  Employers need to evaluate the position, the skills being tested, and the overall context of the interview in making the determination of whether the try out or testing becomes time that needs to be paid.

5. When in doubt, compensate the applicant for the time.

If the testing takes a significant amount of time, or if the product made by the applicant is used or sold to customers, such time could be considered productive time that must be compensated by the employer.

I just posted a new video on my YouTube channel about the issues facing employers with the state and local minimum wage increases in 2018 (embedded below).  At the end of the first quarter in 2018, it is a good time to review compliance with the state and local minimum wage laws, and to start to prepare for the local minimum wage increased on July 1, 2018.  For example, Los Angeles city and county minimum wage rates will increase to $13.25 per hour from the current $12.00 per hour for employers with 26 or more employees on July 1.  In addition to my regular blog posts, I’ll be featuring more videos on my channel as well, so please subscribe to both.

Employers need to understand their rights and obligations when they receive notice of a complaint through the Labor Commissioner.  The process can seem daunting, but with a little preparation it can be managed effectively.  This  Friday’s Five post sets out a brief explanation of the five steps that most Labor Commissioner proceedings follow:

Step one: Notice of claim

Employers usually become aware of a complaint to the Labor Commissioner when they receive a Notice of Claim and Conference from the Labor Commissioner’s office.  Employers are not required to file any paperwork in response to the notice of conference, but the employer or an employer’s representative is required to appear at the conference at the date and time indicated on the notice.  The conference is not the actual hearing on the matter, rather the conference is structured as a non-binding settlement conference during which the Labor Commissioner discusses the various allegations, the employer’s response, and will attempt to mediate a resolution between the parties.  Here is typical notice of claim that is sent to employers in most cases:


The Labor Commissioner can only hear disputes for “any action to recover wages, penalties, and other demands for compensation.”  Labor Code section 98(a).  Therefore, the Labor Commissioner cannot adjudicate any other types of employment claims, such as harassment or discrimination.  Likewise, if the employer has a counter claim against the employee, it cannot be heard by the Labor Commissioner, but must be filed in court.

Neither the employee and the employer are required to have an attorney during any stage of the Labor Commissioner process.  Whether or not an employer decides to have legal representation during the process depends on how comfortable the employer is with handling these issues and how well they understand the law in order to articulate the appropriate defenses available to them.

Step two: Preparing for the settlement conference

It is important for employers to review the paperwork provided from the Labor Commissioner’s office to ensure that they gather and bring the required paperwork to the settlement conference.

Usually the Labor Commissioner requires the following background information from the employer:

  1. Completion of the DLSE’s Report of Workers’ Compensation Insurance
  2. City business license
  3. Articles of information filed with the Secretary of State
  4. Any documentation that may be applicable to the employee’s claims: payroll records, time sheets, handbook and applicable policies, correspondence with the employee, etc.…

The employer should also review the employee’s allegations in the notice of claim and prepare an outline of defenses and facts that support their position.

Step three: Settlement conference

Although it is not mandatory, most Labor Commissioner offices will often set the matter for a settlement conference.  Employers often misunderstand the purpose of the initial settlement conference.  The settlement conference is not the hearing on the matter in which the Labor Commissioner takes sworn testimony and makes a decision.  While this step is not the actual hearing that will determine who should prevail, employers should prepare evidence and documents that will be persuasive during the settlement conference to establish defenses to the employee’s claims.  It is also good to listen to the employee’s facts and learn what they are claiming, what evidence they may have, and who may be witnesses.  It is important to learn this information in the event that the case does not settle and is set for a formal hearing.

Employers should also understand the arguments in support of their defenses so that those can be articulated to the employee and Labor Commissioner.  The more persuasive the employer’s case is, the more likely that the case can be resolved for a nominal amount during the settlement conference.

Employers should be prepared to negotiate during the settlement conference and be prepared with a range of how much they would be willing to settle the case. An experienced employment law attorney can help address the strengths and weaknesses of the claims and can help advise on the appropriate settlement offer, if any, that could be made.

Step four: Hearing

If the case does not settle at the settlement conference, or if there was never a settlement conference set, the Labor Commissioner will set the matter for a hearing pursuant to Labor Code section 98(a).  The hearings are often referred to as “Berman” hearings after the name of the legislator who sponsored the bill creating this procedure.  The basic idea behind Berman hearings is to provide a relatively fast way to resolve wage disputes.  However, with the state budget constraints, the hearings are usually set for about one year from the date that the settlement conference takes place.

The hearing takes place in the Labor Commissioner’s office, and is usually in a conference room.  The Labor Commissioner will tape record the hearing, and all witnesses’ testimony is provided under oath, just like it would be if they were testifying in court.  The Labor Commissioner can issue subpoenas compelling the attendance of parties at the hearing, as well as compelling parties to produce documents at the hearing.

Generally, employers need to be prepared but flexible for how the hearing will proceed.  The Labor Commissioner conducting the hearing has a lot of flexibility on how the parties are to present witnesses and conduct cross-examinations.  The rules of evidence are not controlling in the proceeding, but the Labor Commissioner generally has discretion to control the evidence presented during the hearing.  The Labor Commissioner can, and usually will, ask questions of their own to get a better understanding of certain issues.

After the hearing, the Labor Commissioner will issue a written order that must be served on all parties.  Unless this order is appealed, it is a binding judgment against the parties, and a certified copy of the order is filed with the superior court and judgment is entered.

For some additional tips about preparing for and attending a Labor Commissioner hearing, see my prior post here.

Step five: Potential appeal

Both the employee and the employer have the right to appeal the Labor Commissioner’s order within 10 days after it is served.  The order must be a written order, and will normally be served on the employer through the mail.  If the employer appeals the order, the appeal moves the case to the appropriate superior court.  The appeal is a de novo appeal, meaning that the case starts from the beginning in superior court and the Labor Commissioner’s order is given no weight.  Employers wishing to appeal the Labor Commissioner’s order must also post a bond in the full amount that was awarded in the order.  Given the short 10-day deadline to file an appeal, employer wishing to appeal Labor Commissioner orders must seek counsel immediately once they receive the order from the Labor Commissioner.

Employee terminations and resignations must be planned for in advance to avoid common pitfalls for California employers.  I’ve recently written about go-to hiring practices for employers, so I thought it would be appropriate to follow that post up with this list of go-to termination practices.  This Friday’s Five focuses on critical management and legal considerations for employers during the separation process:

1. Documentation of the reason for termination

What is the reason for termination? Is there a company policy that was violated? [Note: Is the company policy in writing?  Has it been distributed to the employee?  Is there a signed acknowledgement of the policy in the employee’s file?]  Who was involved in termination decision? Review documentation for termination if “for cause” and ensure this documentation is maintained in personnel file.

2. Final pay and accounting

Employers need to prepare the employee’s final paycheck and ensure that any unused accrued vacation time is also included.

Final wages must be paid within certain time limits, including the following:

  1. An employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination.
  2. An employee who gives at least 72 hours prior notice of quitting, and quits on the day given in the notice, must be paid all earned wages, including accrued vacation, at the time of quitting.
  3. An employee who quits without giving 72 hours prior notice must be paid all wages, including accrued vacation, within 72 hours of quitting.
  4. An employee who quits without giving 72-hours’ notice can request their final wage payment be mailed to them. The date of mailing is considered the date of payment for purposes of the requirement to provide payment within 72 hours of the notice of quitting.
  5. Final wage payments for employees who are terminated (or laid off) must be made at the place of termination. For employees who quit without giving 72 hours’ notice and do not request their final wages be mailed to them, is at the office of the employer within the county in which the work was performed.

Employers should also review if commissions, bonuses, or expense reimbursement owed to employee?  Obtain all expense reimbursement forms form employee.

Employers with multiple locations need to ensure that the final wages are made available.  The place of the final wage payment for employees who are terminated (or laid off) is the place of termination. The place of final wage payment for employees who quit without giving 72 hours prior notice and who do not request that their final wages be mailed to them at a designated address, is at the office of the employer within the county in which the work was performed. Labor Code Section 208.

 3. Company property and passwords

Obtain all company property from employee and reset passwords.  Also, has employee returned all company provided uniforms?  Have all company keys been returned?  The company should also develop a list of all passwords employee had access to and ensure the passwords are reset.

4. Final notices

Employers need to ensure that all required notices are provided to the employee.  For example, common notices include:

  • Notice to Employee as to Change in Relationship (download here)
  • For your Benefit (Form 2320) (download here)
  • COBRA and Cal-COBRA Notices from insurance provider
  • Notify insurance provider
  • Health Insurance Premium (HIPP) Notice (download here)

5. Retention of employee files

Employers need to take measures to secure and save employee’s file, wage, and time records.  For more information, see my prior post, Five best document storage and retention practices for California employers.

Makeup time is one of the rare occurrences under California law that employees have flexibility to adjust their work schedule to accommodate for important life events that come up from time to time. Makeup time allows employees to take time off and then make it up later in the same workweek, without triggering the obligation for the employer to pay overtime.  This Friday’s Five covers five issues employers should keep in mind about makeup time:

  1. An employee may work no more than 11 hours on another workday, and not more than 40 hours in the workweek to make up for the time off;
  2. The time missed must be made up within the same workweek;
  3. The employee needs to provide a signed written request to the employer for each occasion that they want to makeup time (and if employers permit makeup time, they should have a carefully drafted policy on makeup time and a system to document employee requests);
  4. Employers cannot solicit or encourage employees to request makeup time, but employers may inform employees of this option; and
  5. Remember, if these requirements are not met, time and a half overtime is due for (1) time over eight hours in one day or (2) over 40 hours in one week or (3) the first eight hours worked on the seventh consecutive day worked in a single workweek; and double time is due for (1) time over 12 hours in one day and (2) hours worked beyond eight on the seventh consecutive day in a single workweek.  The DLSE provides a good overview of the overtime requirements and calculating overtime payments here.

Happy Friday!

My firm is hosting a seminar for business owners, in-house counsel, human resource professionals, and managers to learn about and how to implement best practices at the start of 2018.  Plus, get to see the newly renovated Proud Bird and enjoy some light food and drinks during the mixer.

Our attorneys will be speaking about:

  • New case law developments facing California employers in 2018
  • Minimum wage increases on state local levels in Southern California and how to plan for the year
  • New hiring prohibitions – employers cannot ask about prior salary and new restrictions on conducting background checks, so what can employers still ask?
  • New immigration requirements facing employers under California’s Immigrant Worker Protection Act
  • New case law developments on the enforceability of arbitration agreements

Space is limited, so register early to reserve your spot.

Thursday, February 15, 2018 4:00 PM – 5:00 PM (presentation); 5:00 PM – 6:00 PM (mixer)

The Proud Bird
11022 Aviation Blvd.
Los Angeles, CA 90045

Seminar Program: 4:00 – 5:00 pm
Mixer: 5:00 – 6:00 pm

Cost: Free for firm clients/friends of the firm (if you are a subscriber to the blog, the fee will be waived)
No charge for parking.

To register, visit: www.zallerlaw.com/seminar

The hiring process cannot be underestimate, both from a managerial and legal perspective.  This Friday’s Five focuses on critical management and legal considerations for employers during the hiring process:

1. Ignore the applicant’s resume during the interview.

Nolan Bushnell, the inventor of Atari and Chuck E. Cheese, and the first person to hire Steve Jobs, provides some great examples of how to conduct an interview to determine if the applicant is a good fit for the company in his book, Finding the Next Steve Jobs.  He recommends asking applicants about their top ten favorite books, listening to how they describe their life (“the passionless tend to be blamers”), and asking questions that have no right answers. This allows the interviewer to understand how the applicant analyzes a problem.  The book is a must read for leaders in companies that require creative thought leaders working in their establishment.

2. Leaders need to be involved in the hiring process.

This is simply something too important for a company to leave to other people.  Sam Altman, of Y Combinator, wrote:

The vast majority of founders don’t spend nearly enough time hiring. After you figure out your vision and get product-market fit, you should probably be spending between a third and a half of your time hiring. It sounds crazy, and there will always be a ton of other work, but it’s the highest-leverage thing you can do, and great companies always, always have great people. You can’t outsource this—you need to be spending time identifying people, getting potential candidates to want to work at your company, and meeting every person that comes to interview. Keith Rabois believes the CEO/founders should interview every candidate until the company is at least 500 employees.

Founders interviewing employee number 1 to 500 sets to tone for the company in many ways in addition to the value mentioned by Sam. First, meeting all new hires illustrates that the employees are valued. Second, it shows that the founders are approachable and should the employee have any complaints they could discuss the issues with the founders. Granted once the company passes the 50 employee mark, it becomes more difficult to have a personal relationship with everyone in the company, but at least the founders are meeting everyone working at the company. This proves to the employees that they are valued. Usually the company’s open door policy states that if the employee has any complaints, they are free to discuss it with their supervisor, and if appropriate their concerns can be escalated to the founders/CEO. Meeting with employee during the hiring process can give teeth to the open door policy, and promote the practice of speaking with the founders if any employees have concerns about work.

3. Try working with the applicant first.

I don’t care how many interviews someone has conducted, no one can determine if an applicant will be a good fit in a company over an interview at lunch. No matter how good you believe your interview questions are at finding out the applicant’s true values, work ethic, and knowledge base, anyone with an internet can study-up on how to handle almost any type of interview scenario and look amazing during the interview. How does a company get past this problem? Sam Altman again has some great advice and recommends hiring the applicant as an independent contractor and giving her a day or two of work on a noncritical project. I recommend that companies may take it one step further, and depending on the circumstances, it may even be appropriate to hire the applicant as an employee with the idea that they are to only work on one short project during the nights or weekends. There is nothing in the law that prevents a company from hiring employees for a day or two to see how they would work, that is the idea behind at-will employment.

4. Find the applicant’s true ambition.

 Gary Vaynerchuk has a great take on what interviewers should be striving to determine during the interview:

 When I interview you, the main thing I want to know is where you want your career to go. “What do you want to be when you grow up?” I want to get into the psychology of what their ambition is. And I spend most of the interview trying to get that person comfortable enough to tell me the truth to that question. Because I don’t care if you want to be the CEO of VaynerMedia, or if you just want to move a couple levels up and have great work life balance. I don’t even care if you want to come work for me for two years, suck up all my IP, and then go somewhere to start your own agency. I really don’t care. Truly. Whatever your agenda is, I’m fine with it. I just want to know what it is, so I can help us get there. You and me.

5. Make a checklist of legal hiring compliance issues.

As always, it is good to periodically review hiring materials, questions and processes to insure compliance with local, city, and state laws, such as:

  • Are applications seeking appropriate information?
  • Are new hires provided with required policies and notices?
  • Are new hires provided and acknowledge recommended policies?
    • For example: meal period waivers for shifts less than six hours
  • Are hiring managers trained about the correct questions to ask during the interview?
  • Does the company provide new hires (and existing employees) with arbitration agreements?

California employment law is a mind field that carries huge exposure for employers not proactively monitoring legal developments and potential legal issues.  There are some statements employers in California should never make, and this Friday’s Five reviews misaligned statements that can create significant liability for an employer.

1. My company has employment practices liability insurance, so there cannot be much exposure from employment lawsuits.

In California, it is very common for insurance companies to exclude wage and hour claims from the employment practices liability (EPLI) coverage.  This applies to single plaintiff and class action claims and representative claims under California’s Private Attorney General Act (PAGA).  This is a significant area of potential exposure for employers, and therefore, the costs and benefit analysis of an EPLI policy must take these considerations into account.

Moreover, under California law an insured cannot buy insurance to cover willful acts.  See Insurance Code section 533.  Therefore, if the employment lawsuit alleges willful acts, it is also likely not going to be covered by insurance.

Employers should seek coverage counsel to assist in reviewing the exclusions and limitations of any EPLI policies prior to purchasing in order to completely understand the coverage that is being purchased for the cost of the policy.

2. I’m busy right now, can you tell me about your workplace complaint tomorrow?

California employers have a legal obligation to conduct workplace investigations.  California Government Code section 12940(j) provides that it is “unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action.”  The law also provides that employers are liable if they “fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring.”  Gov. Code section 12940(k).  If the employer fails to take the preventative measures, they can be held liable for the harassment between co-workers.  If the harassment occurs by a manager, the company is strictly liable for the harassment.  If the harassment occurred by a non-management employee, the employer is only liable if it does not take immediate and appropriate corrective action to stop the harassment once it learns about the harassment.  Investigations must follow certain parameters in order to be deemed adequate under the law.  Click here for more information about conducting adequate investigations.

3. There is no need for our company to record meal breaks, all of the employees know that they can take breaks whenever they want.

Meal breaks taken by the employees must be recorded by the employer. However, there is no requirement for employers to record 10-mintute rest breaks.  For more information about meal and rest break obligations, see my previous article.

4. Our company’s handbook is current, it was updated four years ago.

Any California employer can attest, the employment legal landscape changes on a yearly (if not more often basis).  Employers should have someone well versed on employment law reviewing the employee handbook on at least a yearly basis.

5. I’m sure my payroll company is issuing compliant pay stubs.

Employers are cautioned not to rely on their payroll companies for compliant itemized wage statements, as these companies often times do not understand the legal requirements of the Labor Code. Ensuring the required information is properly listed on the itemized wage statements is an item that employers should review at least twice a year for compliance.

Labor Code Section 226(a) requires the following information to be listed on employees’ pay stubs:

  1. Gross wages earned
  2. Total hours worked (not required for salaried exempt employees)
  3. The number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece rate basis
  4. All deductions (all deductions made on written orders of the employee may be aggregated and shown as one item)
  5. Net wages earned
  6. The inclusive dates of the period for which the employee is paid
  7. The name of the employee and the last four digits of his or her social security number or an employee identification number other than a social security number
  8. The name and address of the legal entity that is the employer
  9. All applicable hourly rates in effect during the pay period, and the corresponding number of hours worked at each hourly rate by the employee

Here is an example of an itemized wage statement published by the DLSE.

Also, do not forget that under California’s paid sick leave law that went into effect on July 1, 2015 employers have additional reporting information regarding employees’ accrued paid sick leave and usage. Employers must show how many days of sick leave an employee has available on the employee’s pay stub or a document issued the same day as a paycheck.

Companies are ultimately liable for these violations, so it is best to double check your payroll company’s work to ensure compliance.