Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Q&A

Photo of Jon Benson
Sep 24 2014
Q&ALeave Laws  

What does reemployment of a veteran really mean?

Q: An employee left three years ago and told us he was pursuing a career in the Navy. Yesterday he showed up asking for his old job back. Do we have to rehire him?

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Photo of Sean Brown
Sep 11 2014
Q&ALeave Laws  

How does military leave impact use of vacation time?

Q: Can we require an employee taking military leave to use accrued vacation? Conversely, do we have to allow an employee taking military leave to use accrued vacation?

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Photo of Lorraine Hoffman
May 13 2014
Q&ADrug and Alcohol  

Some drug testing methods may have a disparate impact

Q: We would really rather not have to collect urine samples from our employees; can we perform drug tests on hair samples instead?

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Apr 17 2014
Q&ALeave Laws

FMLA defines spouse according to state law

Q: Do we need to grant leave under the federal Family and Medical Leave Act (FMLA) for an employee to care for his partner, who is hospitalized in anticipation of the birth of the employee’s child?

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Jan 09 2014
Q&ALeave Laws

Who qualifies as a child under the FMLA?

Q: Our employee would like to take time off to care for her niece, who has a serious health condition. The niece lives with the employee, but there’s no legal guardianship arrangement. Can the employee take FMLA leave in this situation?

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Photo of Diane Buisman
Jan 06 2014
Q&AWage and Hour  

Do I need to pay employees for their time spent studying?

Q: Are we required to pay employees for study time, if they’re required to pass a certification test as part of their job?

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Nov 25 2013
Q&ADisabilityHiringImmigrationLeave Laws

Temporary workers—whose employee is this?

Q: We use a lot of workers that we obtain from a temporary services provider. What employment obligations do we have with respect to these workers since they’re not really “our” employees?

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Photo of Jon Benson
Nov 18 2013
Q&AWage and Hour  

Does a written policy shield an employer from claims of “off-the-clock” work?

Q: Our company has a very strict written policy in our employee handbook which requires employees to accurately report all regular and overtime hours worked. Employees must verify their hours by signing their time report each pay period. Can we deflect any “off-the-clock” claims by simply relying on the written policy?

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Nov 14 2013
Q&AHiringImmigration

Cutting corners on Form I-9 leads to big penalties

Q: We recently self-audited our I-9 forms and discovered that we have photocopies of documentation for all employees, but on many forms Section 1 or 2 was never completed. Do we have to go back and transfer the information from the copies to the Form I-9? Isn’t it enough that the information is there in the copy of the employee’s documentation?

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Photo of Jodi Slavik
Oct 31 2013
Q&ALeave Laws  

FMLA Certifications from Foreign Doctors

Q: I have a worker that returned to her country during the holiday season and sent a cryptic note from her foreign doctor, stating she needed to stay and care for her mother. Do I have to provide FMLA leave?

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