Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Q&A

Photo of Diane Buisman
May 19 2016
Q&AEmployee BenefitsLeave LawsWorkers’ Comp  

Is an employee out on workers’ comp entitled to health insurance?

Q: Our employee was injured at work and he’s out on a workers’ compensation claim. Are we required to carry him on our health insurance plan since this was an on-the-job injury?

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Photo of Lorraine Hoffman
Apr 08 2016

Employees with Fragrance Sensitivity: Addressing Request for a Fragrance-Free Workplace

Question: We have an employee who has indicated that he is allergic to all fragrances and has requested that we prohibit anyone from wearing perfume or cologne in the workplace, banning the use of any scented products. Do we really have to tell our employees what kind of laundry detergent they can and cannot use and that they can’t wear perfume or cologne to work?

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Photo of Jodi Slavik
Mar 29 2016
Q&APrivacy & Confidentiality  

Are employers required to have gender neutral bathrooms?

Question: Does the law require employers to have unisex bathrooms even if we don’t have transgender employees?

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Photo of Karen Davis
Mar 08 2016
Q&AWage and Hour  

Requiring reimbursement of training costs can be tricky

Question: We send new hires through a training program that is worth $20,000. Can we require them to pay us back if they leave the company within two years?

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Photo of Lorraine Hoffman
Feb 08 2016
Q&ADrug and Alcohol  

Marijuana in the workplace: Can we prohibit impairment?

Q: We know marijuana can stay in a person’s system for a long time, and are most concerned about preventing employees from coming to work impaired by marijuana. Can we change our Drug and Alcohol policy to prohibit “impairment” at work rather than “any detectable level”?

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Photo of Jodi Slavik
Feb 02 2016
Q&ALeave Laws  

What is the FMLA’s rule about 50 employees within 75 miles?

Q: We have employees at two small facilities in towns that are 60 miles away from each other. One facility has 10 employees and the other has 43. An employee at the 10-employee site has requested leave under the federal Family and Medical Leave Act (FMLA). We don’t believe he qualifies for FMLA because each facility has less than 50 employees. Is that correct?

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Photo of Sean Brown
Jan 19 2016
Q&ALeave LawsWorkers’ Comp  

Does the FMLA apply to on-the-job injuries?

Q: Our employee was injured on-the-job and is currently off work under a workers’ compensation claim. Does the federal Family and Medical Leave Act (FMLA) apply when an employee is off work for a workers’ comp claim?

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Jan 11 2016
Q&AWage and Hour

Off-duty review of email may trigger overtime

Q: If we require a non-exempt employee to monitor and respond to email during her off duty time, do we have to pay her for that time, including any overtime that may be triggered?

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