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Rhamy Alejeal

Check out some recent podcast episodes below!

Can An Employee Who Claims to Have COVID-19 and Self-Quarantines But Refuses to Get Tested Still Be Paid?

By Rhamy Alejeal | 09/22/2020 |

If an employee becomes ill with COVID-19 symptoms, they may request for paid sick leave under the FFCRA only to seek a medical diagnosis, or self-quarantine only if advised to do so by a healthcare provider. If tested positive, the employee may continue to take paid sick leave. This does not apply for illnesses unrelated…

What Do I Do If An Employee Won’t Let Me Take Their Temperature?

By Rhamy Alejeal | 09/21/2020 |

Under the circumstances existing currently, the ADA has specifically allowed employers to bar an employee from physical presence in the workplace if he refuses to have his temperature taken, refuses to answer questions about whether he has COVID-19, has symptoms associated with COVID-19, or has been tested for COVID-19 and is positive. If the employee…

Can I Ask An Employee if They Have Family Who Has COVID-19?

By Rhamy Alejeal | 09/18/2020 |

The simple answer is “no”. The Genetic Information Non-Discrimination Act (GINA) prohibits employers from asking employees medical questions about family members, and it is still in force. GINA does not prohibit employers from asking employees whether they’ve had contact with anyone who has been diagnosed with COVID-19 or may have symptoms associated with the disease.…

Big Changes in California Family Leave, 12 weeks leave!

By Christy Garcia | 09/17/2020 |

A new bill in California was finalized that would expand the California Family Rights Act to make it an unlawful employment practice for employers with five or more employees to refuse to grant an employee’s request to take up to 12 workweeks of unpaid protected leave during any 12-month period to bond with the employee’s…

How Can Employers Avoid Putting Employees At Risk of Getting Sick with COVID-19

By Rhamy Alejeal | 09/16/2020 |

Referring to a case involving Cal/OSHA and frozen foods manufacturer Overhill Farms Inc. and its temporary employment agency Jobsource North America Inc., employers failed to protect hundreds of employees from COVID-19 at two plants in Vernon. This was due to the lack of physical distancing procedures among workers including where they clock in and out…

Which Employees Are Exempt from Minimum Wage and Overtime Requirements?

By Rhamy Alejeal | 09/15/2020 |

Under the FLSA, employees are entitled to be paid a minimum wage for each hour worked and to be paid one-and-a-half times their regular rate of pay for each hour in excess of 40 hours worked in a workweek (some states have slightly different regulations). Certain employees are exempt from these requirements, including employees who…

Should I Pay My Employees a Flat Rate by Budget or by Actual Hours Worked?

By Rhamy Alejeal | 09/14/2020 |

A group of mechanics employed at a South Carolina chain of tire and automobile repair stores was paid under a compensation plan that contained two components. They received an amount determined by multiplying the particular mechanic’s “flat rate”;—an hourly pay rate assigned to each mechanic based on that mechanic’s particular skill, experience, and certifications—by the…

What Do I Do If A Customer Won’t Wear a Mask?

By Rhamy Alejeal | 09/11/2020 |

The Centers for Disease Control and Prevention has laid out new workplace strategies for COVID-19-related violence prevention in order to avoid conflict if customers refuse to adhere to safety protocols being enforced by employees. The CDC has posted information on limiting workplace violence related to retail and service businesses’ COVID-19 prevention policies. This information is…

Do I Have to Reimburse My Employees for Personal Auto Use?

By Rhamy Alejeal | 09/10/2020 |

We will be looking at an explanation from the Wage and Hour Division of the Department of Labor about the Fair Labor Standards Act, specifically about employee reimbursements. Generally, the FLSA requires covered employers to pay non-exempt employees no less than the federal minimum hourly wage for all non-overtime hours worked in a given workweek.…

Can I Pay My Commercial Drivers Commission Only?

By Rhamy Alejeal | 09/09/2020 |

Establishments that had been listed as lacking a retail concept, including waste-removal contractors, may now qualify as retail or service establishments.