Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Q&A

Photo of Kandis Sells
Jul 16 2019
Q&AWage and Hour  

Q&A: Be careful how you round employee work hours

Question: We recently changed to a new timekeeping and payroll system, and the new system sometimes rounds down the amount of time an employee worked. Is that legal?   Answer: Probably, but it depends on how much time is rounded down and the state in which the employee works. A recent opinion letter…

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Photo of Matt Norris
Jun 10 2019
Q&AWage and Hour  

Q&A: Federal and state overtime laws may not be the same

Question: We have a salaried manager who sometimes helps out with production. Is he still exempt from overtime even though he doesn’t always work as a manager?   Answer: Maybe. Under the federal Fair Labor Standards Act (FLSA), managers are exempt from overtime requirements as executives if they’re paid high-enough salaries, they customarily and regularly…

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Photo of Kandis Sells
Mar 08 2019
Q&AHarassment & Discrimination  

Q&A: Do we have harassment liability if a workplace relationship is consensual?

Question: An employee in a consensual, romantic relationship with a manager in another department has started complaining about “harassment,” which is really just her coworkers teasing her about the relationship. She’s also complaining that they’re having “problems” in the relationship which is spilling over into hostile treatment at work by the manager. The owner is ready to terminate her for continuing to bring her drama into the workplace. Are there any legal concerns we should consider?

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Photo of Jon Benson
Feb 13 2019
Q&AWage and Hour  

Q&A: Watch out for pattern of identical time card entries

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?
 

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Photo of April Uzzardo
Jan 11 2019
Q&AWage and Hour  

Q&A: Ensure proper pay for after-hours emails

Question: I have a dedicated, hard-working employee, a Production Lead, who always stays on top of their work, often checking and responding to work emails after hours but not recording the time. What is my obligation, if any, to pay them for this time? Answer: Your organization is potentially facing exposure…

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Photo of Kara Craig
Dec 20 2018
Q&AHarassment & DiscriminationPrivacy & Confidentiality  

Q&A: Know how to handle the aftermath of a harassment investigation

Question: I just completed a harassment investigation. We verified that harassment occurred and terminated the harasser. Everyone seems to know what happened and tensions are high in our small office. What else can I do? 

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Photo of Jon Benson
Dec 17 2018
Q&AEmployee BenefitsHarassment & DiscriminationLabor RelationsWage and Hour  

Q&A: No-fault attendance policies must allow many exceptions

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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Photo of Jackie Marks
Aug 22 2018
Q&ADisabilityDrug and AlcoholHiringTermination & Resignation  

Q&A: Use MRO to verify whether prescription caused positive drug test

Question: We require all new hires to pass a pre-employment drug test. Do we have to use the same process we use for our random, reasonable suspicion, and post-accident drug testing and send positive test results to a medical review officer (MRO)? Or, can we simply ask potential new hires for a list of medications they have been prescribed?

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Photo of Kara Craig
Aug 17 2018
Q&ADisabilityLeave LawsSafety and Health  

Q&A: No FMLA notice required unless employee asks for time off

Question: I have a production employee who says that standing for eight hours a day is causing him pain. He doesn’t want to go on any type of leave and says he’d rather just suffer through it. We are covered by the federal Family and Medical Leave Act (FMLA). What do I do?
 

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Photo of Jodi Slavik
Aug 10 2018
Q&A  

Q&A: Respond quickly and thoughtfully to social media posts

Question: I just found out that an employee posted a hateful comment toward immigrants on her personal Facebook page. We’re afraid of the bad PR impact on our business. Can we fire her for violation of our policy against discrimination?

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