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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Question: One of our employees went on vacation to Thailand and is scheduled to return to work in a couple of days. We don’t know whether her itinerary included any connections through China, but we’re concerned she could have been exposed to the coronavirus. Can we tell her not to come to work…
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Question: One of our employees failed a random drug test. He says the positive test occurred because he was prescribed methadone by his doctor to treat his addiction to opiates. Do we have to retain him? We’re concerned about safety. Answer: If your drug testing process had included the services of a Medical…
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Question: We have an employee who is acting strangely, including making paranoid comments about coworkers sabotaging her work. I investigated, but found no evidence to support her allegations. The employee continues to complain. Can we require her to contact our Employee Assistance Program (EAP) and attend any counseling sessions recommended…
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Question: Our policy requires employees to work their last scheduled day before a holiday and first scheduled day after a holiday in order to be eligible for holiday pay. In the past, some employees have called in sick when they were scheduled to work the day before or after a…
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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: 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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