Suspension -
When Discipline is Counterproductive
John has been late a number of times over the last six months. His supervisor has given him a verbal warning, and a written warning. He's been warned that one more tardy this month and he'll be suspended - that should get his attention!
Today, John is 20 minutes late. His three day suspension is automatic. What's the point? This suspension is harder on the employer than the employee in many cases.
John gets three days off without pay, while his employer loses him for even more time than he's already missed.
There are no requirements or laws for private sector employers (outside of a collective bargaining agreement) to give progressive discipline or increasingly severe penalties (usually noted as a verbal warning, then written warning, followed by suspension) before an employee is demoted or terminated.
Of course, giving the employee some "feedback" that he's veering off course, including the expectations and consequences is usually recommended. Rather than a multiple day suspension many employers give the employee a final written warning and a day of "decision making" leave. In any case, losing the employee's productivity is not beneficial to the employer (hasn't he already missed enough work?) and will not further support the employer's decision to terminate the employee.
We typically recommend suspending an employee for a very short period of time (one day) except pending an investigation or drug/medical test results.
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Missed Meal and
Rest Periods Can
Cost Employers More
No time for that afternoon rest break? If your non-exempt (hourly) employees are skipping required meal or rest breaks (with or without your knowledge) the state of California has just made it more costly for employers to allow employees to work through their breaks. In essence, a recent California Supreme Court ruling has changed the statute of limitations from one year to three years. Non-exempt employees who miss a meal break and/or the required rest breaks are owed one hour's additional wage for each day a break is missed. For example, Sue misses her 10 minute paid rest break on Thursday. Although this is a paid break, her employer still owes her an additional one hour's pay for that day. (The additional hour is not counted toward overtime.)
What's the news here? This requirement to pay employees for missed meal and breaks has been on the books for several years, so it's no big deal, right? Actually, when the Court redefined the additional hour from a "penalty" to a "wage" it also changed the statute of limitations from one year to three years. That's potentially three years of back pay for every day a break was missed.
Unfortunately, we sometimes find employers have no records to support the hours worked. Even more damaging is when employees present their own time records to the Labor Commissioner with a request for back pay, and management has no records in defense.
Our recommendations to lessen your exposure:
1. Ensure your non-exempt employees have your direction and permission to take regularly scheduled meal and rest breaks every day. Call us or check your Industrial Wage Order for the work hours requiring meal and rest breaks.
2. Have non-exempt employees acknowledge they have taken meal and rest breaks on their weekly time records.
3. Require non-exempt employees to check with their supervisor in advance if they believe they need to skip a meal or rest break.
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