After-Hours Dinners Are Not Work-Related

Q I work as an executive secretary for a vice president who is often required to attend work-related dinners for the board of directors. He told me his wife would be unable to attend with him and he would like me to accompany him. When I declined, he stated that it is work-related and is part of my job.

I feel very uncomfortable attending this dinner. Is this a form of sexual harassment? Is this really part of my job, since I didn’t agree to after-hours time when I started?

--A.B., Orange

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A If you are taking the place of your boss’ wife at these dinners (and I assume the wife is not a company employee), there is no possible way that attending these dinners can be work-related. You should state this clearly to your boss and refuse to attend.

If he retaliates in any way, or if he persists in pressuring you to accompany him to the dinners, you should bring the situation to the attention of the human resources department, or to your boss’ supervisor.

--Ron Riggio, Director

Kravis Leadership Institute

Claremont McKenna College

Employer Can Recoup Overpayment

Q: I was informed by my supervisor that, because of her error in calculating my vacation time, they were going to deduct my vacation pay of 48 hours from two checks. I was told that since I did not work enough hours during the year, I did not accumulate any vacation days.

This situation is causing me a lot of hardship because I am going to be getting behind paying my bills. Do they have the right to take this money back after making me believe it was mine?

--L.N., Monterey Park

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A: California law greatly limits instances in which an employer may deduct amounts from an employee’s paycheck. Nonetheless, if you were aware--or should have been aware--that you received an overpayment of wages, your employer is entitled to recoup the overpayment by deducting it from your paychecks.

If you could not reasonably have been aware of the overpayment, your employer may not make the deduction without your written authorization. If you do not authorize the deductions, your employer is relegated to the role of any other creditor and must use other means, such as filing an action in court, to recover any amounts you owe.

To avoid a dispute with your employer and ameliorate the sting of the deductions, perhaps you could arrange to extend the repayment period over a greater number of paychecks.

--Josephine Staton Tucker

Employment law attorney

Morrison & Foerster

Employers Sets Benefits

Q: Last February, I was changed from a full-time exempt employee to a temporary employee. In this new status I have worked five days a week, eight hours a day almost every week. But I no longer receive any benefits, such as medical insurance, paid vacation, paid holidays or sick leave.

In 1996, I worked more than 1,000 hours and there does not appear to be any forthcoming change in my employee status. Am I correct in understanding that my status is not as a temporary employee, but a full-time employee or at least a part-time employee entitled to benefits?

--P.S., Studio City

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A: Insurance, paid days off and other benefits are a matter of contract between the employer and employee, regardless of part-time or full-time status.

Your status as a full-time or part-time employee has no bearing on whether you are entitled to receive benefits, unless it is spelled out in a contract. An employer can have an entire staff of full-time employees and not provide them with any benefits except those mandated by California law.

An employer is required to provide certain leaves of absences such as disability, family care, jury duty and parental leave to attend school activities. However, these leaves of absences need not be paid leaves.

If there is an employee handbook, review it to determine how your employer defines a full-time employee. If it is based on hours of work and you qualify, you may be eligible for benefits.

--William H. Hackel III

Employment law attorney

San Clemente

Workers Must Be Paid Bimonthly

Q: I am treasurer of an elementary school booster club. We pay the salaries of nine teacher’s aides once a month. The aides work three hours a day and are paid by the hour.

A new mother says this is illegal, that we must pay at least bimonthly. Are we required by law to do this?

--D.H., Topanga

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A: Yes. California law requires that all employees be paid at least twice monthly. The only exception is for executive, administrative or professional employees, who may he paid once a month.

Although teachers would be considered professional employees for the purposes of this exception, it does not sound from your question as if the teacher’s aides would similarly be regarded as professional employees.

--Michael A. Hood

Employment law attorney

Paul, Hastings, Janofsky & Walker