Question: Can we exclude employees from the workplace if they’re at high risk for severe illness from COVID-19, such as older workers or workers with underlying medical conditions? Answer: In general, no. If your reason for keeping employees away from work is based solely on their membership in a high-risk group based on…
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In light of the COVID-19 (coronavirus) pandemic, many companies are making difficult decisions about layoffs in the face of an uncertain future. Short-term layoffs don’t trigger the 60-day notice requirement under the federal Worker Adjustment and Retraining Notification Act (WARN Act), but if a layoff extends past six months, it could…
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The Families First Coronavirus Response Act (FFCRA), which goes into effect April 1, 2020, expands the definitions of eligible employee and covered employer under the federal Family and Medical Leave Act (FMLA) in a way that will affect employers who previously were too small to be covered by the FMLA.…
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Question: Can our company demand specific documents we want a new hire to produce in order to verify identity and employment eligibility? Answer: No. Demanding that new hires show you specific employment verification documents can expose your company to liability for “documentation abuse.” It’s considered documentation abuse under the federal Immigration Reform and Control Act…
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Question: During bad weather there are times when some employees can’t make it in to work or when we close the business entirely for the day. Under what circumstances are we required to pay employees? Answer: It depends on the circumstances. The rules are different for salaried exempt employees compared to non-exempt…
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Question: We have a strict policy requiring hourly employees to receive prior approval for any overtime work. Are there any concerns with this type of policy?
Question: We have a “no fault” attendance policy which assigns points for absences, tardies, and early departures. Employees are disciplined and eventually terminated if they reach a certain number of points. We know we have to allow exceptions for legally protected time off, but what if it’s unclear whether an absence is protected?
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A female police sergeant was awarded $350,000 in a retaliation claim when her employer transferred her 180 miles away after she complained of sexual harassment. The sergeant, who had worked for the police since 1987, had complained of unwanted sexual advances and a sexual assault by a co-worker. The investigation by…
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A federal district court in California recently ruled that supervisors can be sued individually for violations of the federal Family and Medical Leave Act (FMLA). The ruling means that supervisors could be independently responsible for damages, separate and apart from the employer’s liability. In reaching this decision, the court focused on the…
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The Question: Our employee reported that he was injured on-the-job today, but we don’t yet know the nature of the incident or who (if anyone) was at fault. Our standard procedure is to send him for a drug test immediately. Can we do so?
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