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Ask the Attorney: CA Edition


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Ask the Attorney: CA Edition

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Ask the Attorney: CA Edition

  1. 1. – KPA CONFIDENTIAL – Ask the Attorney: CA Edition
  2. 2. Speakers Moderator Presenter Becky Ross Marketing Manager 303-228-8753 John P. Boggs, Esq. Fine, Boggs & Perkins LLP 650-712-8908
  3. 3. Questions If you have questions during the presentation, please submit them using the “Questions” feature
  4. 4. CA Versus Federal Law 4– KPA CONFIDENTIAL –
  5. 5. Hiring 5– KPA CONFIDENTIAL –
  6. 6. Hiring 6– KPA CONFIDENTIAL – • Can a job offer be subject to satisfactory results from a pre employment drug screen and background check?
  7. 7. Paying Correctly 7– KPA CONFIDENTIAL –
  8. 8. Paying 8– KPA CONFIDENTIAL – • Can you please explain the difference between Exempt and Salaried? • Can a salaried employee’s wages get deducted for the hours that they did not work? • Please explain a how to calculate a Flat Rate Overtime payment. • How do I correct state taxes that were not pulled out of the employee checks for more than 5 months?
  9. 9. Paying 9– KPA CONFIDENTIAL – • How to calculate OT on hourly paid employees when bonuses are given? • What is the final ruling on overtime for service advisors? • When are pay increases mandatory? IE Do we have to increase pay with increased responsibilities?
  10. 10. Leaves of Absence 10– KPA CONFIDENTIAL –
  11. 11. Breaks/Sick Days • Are all employees required to take a lunch break? What about other breaks in the day? • If a (salaried) manager works a portion of a day, my understanding is that he/she can not be docked in pay. Also if the manager is contacted via phone or e-mail on a "sick" day and he/she responds, that it constitutes work performed by the manager and it can not be considered a day absent from work. Is that correct? • We don't have sick days as part of our employee benefits. When a manager calls in sick, I mark it down as a vacation day. Is that "legal"? 11– KPA CONFIDENTIAL –
  12. 12. Holiday Pay 12– KPA CONFIDENTIAL – • We have six paid holidays, but if one of these holidays falls on a weekend and the persons hours are from Monday to Friday, do we still have to pay for it? • Our managers work every other Saturday. If a manager is not scheduled to work on say Christmas Dec 25 but is not scheduled to work, then he is not given an alternative day off because "it is the luck of the draw“.
  13. 13. Vacation Pay 13– KPA CONFIDENTIAL – • We give 1 week paid vacation for the first year, but if an employee does not make it to his first anniversary are we still supposed to prorate and pay said vacation? Even after only a few months employment?
  14. 14. Documents/Forms • The record retention requirement for I9 forms? • Could you please tell me how many personnel files each employee should have? • Is it necessary to have I9 info & drug tests results kept separate from employee file? • How long should you retain documents? 14– KPA CONFIDENTIAL –
  15. 15. Job Descriptions 15– KPA CONFIDENTIAL –
  16. 16. Job Descriptions • How crucial is it to have job descriptions and why? • Do all employees need job descriptions? 16– KPA CONFIDENTIAL –
  17. 17. Reviews and Discipline 17– KPA CONFIDENTIAL –
  18. 18. Reviews / Disciplinary Action • Are annual reviews really a good idea or do they just provide ammunition for the employee if there is a dispute concerning performance? • What should be done to employees who unwittingly share prescription drugs (especially in the event one person gets really sick)? • What is considered insubordination? 18– KPA CONFIDENTIAL –
  19. 19. Termination 19– KPA CONFIDENTIAL –
  20. 20. Termination 20– KPA CONFIDENTIAL – • Can we terminate without warning the associates first? • If layoffs are expected, is the dealership required to give you a reference, or a transfer to another dealership? • Can an employee be terminated for repeated disruptive, negative behavior that causes surrounding associates to complain about working with him/her? • When terminating an employee how long you have to give them their final check? • Are there ways of preventing having to pay unemployment to terminated employees?
  21. 21. Miscellaneous Questions 21– KPA CONFIDENTIAL –
  22. 22. Contact Information 22– KPA CONFIDENTIAL – The recorded webinar will be emailed to you today Becky Ross 866-356-1735