FAQ - Miscellaneous

Yes, when an employee provides two weeks notice you can terminate the employee before the effective date of the resignation. If, however, you don’t pay the employee and keep the employee on benefits through the date of resignation, then the employer may be charged for a subsequent unemployment claim.

Exempt classification entails two tests: the salary test ($540.00 weekly in California) and the duties test. The duties tests are complex but briefly they are: Executive exemption: more than half the time the incumbent supervises/ manages the equivalent of 2 or more people in the same department. Administrative exemption: more than half the time the incumbent is exercising independent judgment and discretion in matters of significance to the business or the client’s business. Professional exemption: more than one half the time the incumbent is exercising independent judgment and discretion and (1) is certified or licensed in an enumerated profession or (2) is engaged in an occupation recognized as a learned or artistic profession. Outside Salesperson exemption: more than half the time, the incumbent is away from the employer’s place of business selling, or obtaining orders or contracts. Computer professional exemptions: incumbents in the computer software field who are paid on an hourly basis of not less that an annually indexed rate (currently $44.63 per hour) and more than half the time are involved in intellectual or creative work that involves the exercise of discretion and independent judgment. In addition, such persons must be engaged in duties of a high level concerning computer systems, software or hardware. All hours worked must be paid at the base rate ($44.63).

No, provided that the resume is not reviewed or considered for other open positions in the organization.

It is a report required by EDD to report all new employees hired. This assists California Department of Child Support Services and Department of Justice (DOJ) in collection of delinquent child support obligations.

No, the Wage Orders (§ 13) only require “suitable resting facilities” in an area separate from the toilet rooms, and available to employees during work hours.

There are no requirements by law. This should be determined by the requirements of the position, so that employees can fulfill their duties safely and effectively. Employers should ensure that their lifting requirements are realistic and reasonable.

No, but the employer is required to provide a “Change of Status Notice” to employees who are discharged or laid off. Such notice must include the employee’s name, social security number, date of lay-off or discharge, company name and signature of the company agent.

An employer may request a "fitness for duty" release when an employee returns from FMLA/CFRA, if the employer has a uniformly applied practice or policy and has given proper notice to the employee. The employer may not require a "fitness for duty" certificate from an employee returning from intermittent or reduced schedule leave. When an employee returns from Pregnancy Disability Leave (PDL) the employer may require a written medical verification if it has a similar policy with regard to other temporarily disabled employees.