Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Q&A

Photo of Jon Benson
Dec 10 2019
Q&A  

Q&A: Winter is coming! Review your inclement weather policy

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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Photo of Lorraine Hoffman
Nov 13 2019
Q&ADisabilityHiring  

Q&A: Catch-all language in job description not much help in ADA defense

Question: Is it okay to have the language “other duties as required” in a job description? Answer: Sure, it’s common to include that catch-all language in a job description. However, you shouldn’t rely on that language to incorporate regular duties that are important for the particular job. Under the Americans with Disabilities Act (ADA), an employer…

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Photo of Kandis Sells
Oct 23 2019
Q&A  

Q&A: Company using PEO is still liable for legal compliance

Question: We’re thinking about using a professional employer organization (PEO) to handle all of our payroll, hiring, and HR functions. Any legal concerns we should be aware of?   Answer: Yes. Use of a PEO can save you time and allow you to stay focused on your business functions, but be sure you don’t…

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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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