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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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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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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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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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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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: 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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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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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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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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