Question: We use a timekeeping system that rounds employees’ punches in and out to the nearest quarter of an hour. I recently heard this may be risky, but I thought federal law allows it? Answer: Both points are true: This practice may be risky under state wage and hour law, even though the…
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Question: We have a dispatcher who we’ve always considered to be exempt from overtime. A newly hired member of our HR team is now questioning this classification. How can we determine who’s right? And if it turns out the dispatcher is probably nonexempt but we decide not to make any changes, what’s the…
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Question: We have an employee who is using intermittent family leave, but on a number of occasions failed to call in 30 minutes prior to shift, which is required by our call-in policy. We have told the employee that if they fail to comply with the policy again, they will…
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Question: Our company is located in Oregon, and we have an employee who works in person two days a week at our facility in Portland. The employee teleworks the rest of the week from their residence in Vancouver, Washington. Should we report their wages to the paid family and medical…
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Question: Our employee is retiring soon, but we’d like her to finish a few projects after she retires. We don’t want to provide benefits, so we’d like to have her sign a contract saying she’s working as an independent contractor. Are we okay doing this? Answer: It’s unlikely that you’d be able to justify classifying your…
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Question: One of our employees requested a disability accommodation under the Americans with Disabilities Act (ADA). He suffers from anxiety and depression and his doctor recommended that he not have any interactions with a certain “hostile” coworker. Do we have to do this? Answer: Probably not, because courts generally don’t consider a request to avoid…
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Question: Our company is struggling to find workers and keep operations running efficiently. All employment offers are conditioned on passing a preemployment drug screen and background check. We’ve been allowing new hires to start working before we receive the results from our third-party vendors. We just learned that an employee who has…
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Question: Early in the pandemic, we didn’t discipline for absences related to COVID-19 (coronavirus). With all that’s changed since then, can we return to our regular attendance policy? Answer: Not so fast. In any state, if an employee quarantines or isolates due to a workplace exposure, the employee may have protection under state…
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Question: We have a non-exempt (hourly) employee in Washington who’s going to be traveling out of town for work. What travel time hours do they need to be paid for? Answer: The safest approach is to pay the employee door-to-door (from their home to the out-of-town destination and from the out-of-town destination back…
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Question: My employee says they tested positive for COVID-19 (coronavirus). There have been so many changes to the requirements that I’m not sure what I should do anymore. Please help! Answer: Start with current federal guidance and then check your state and local requirements. The Centers for Disease Control (CDC) web page on…
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