Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Q&A

Sep 21 2015
Q&ALabor Relations

What rights extend to personal vehicles on company property?

Can I require an employee, who parks on company property while at work, to remove a large Confederate flag flying in his truck?

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Photo of Jodi Slavik
Sep 15 2015

What should we do if an employee has missing I-94 information?

Q: While doing an I-9 audit, I discovered missing information for an employee’s Form I-94, which is the arrival/departure record that a foreign visitor receives when entering the United States. When I asked the employee, he says he does not have a Form I-94. What should I do?

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Aug 24 2015
Q&AWage and Hour

What’s the risk in paying a non-exempt employee a salary rather than hourly wage?

Q: We have several employees who don’t meet the overtime exemption requirements, but who prefer to be paid by a salary rather than an hourly rate. The employees really like the flexibility of a salary. Is there any risk to not making them hourly?

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Photo of Jon Benson
Jul 29 2015
Q&AEmployee BenefitsTermination & Resignation  

Can an employee who voluntarily quit still get unemployment benefits?

We just received a notice from the Employment Department letting us know that one of our former employees has filed for unemployment benefits. This employee voluntarily quit a few weeks ago; can he now qualify for unemployment?

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Photo of Sean Brown
Jul 14 2015
Q&ALeave Laws  

Could an employee’s text to a supervisor trigger FMLA?

Is a text from an employee to their supervisor enough to excuse the employee’s absence and/or trigger FMLA?

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Photo of Lorraine Amrine
May 18 2015
Q&ADrug and Alcohol  

Anonymous tip on drug use alone not enough to justify test

Question: Our office has received an anonymous tip that one of our employees regularly uses marijuana. We have a zero tolerance drug policy that includes reasonable suspicion testing. Can we send her in for a drug test?

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Photo of Jon Benson
May 11 2015

Designate representative to review remote employee’s I-9 documents

Question: We hired a remote worker and don’t have someone to review I-9 documents or complete the form in person; what should we do?

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Photo of Kandis Sells
May 07 2015
Q&ATermination & Resignation  

When should an employee sign a release agreement for severance pay?

Question: We are terminating an employee and would like to offer severance pay. Should we ask the employee to sign a release agreement and how long should we give the employee to consider whether to sign?

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Photo of Sean Brown
May 04 2015
Q&AHarassment & Discrimination  

Reassigning harassment victim is risky

Question: We have two employees who just can’t seem to get along. One of the employees brought a harassment complaint against the other alleging, among other things, inappropriate sexual advances and cussing. Can we separate the two employees, by moving the alleged victim to another area, and be done with the situation?

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Apr 09 2015
Q&AWage and Hour

No easy solutions for avoiding overtime pay

Question: We have two related companies with common ownership. Employees often work a shift with one company and then work a second shift with the other company. As long as the work for each company never goes over 40 hours per week, we don’t have to pay overtime, right?

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