Q&A

Privacy Laws Protect Most Phone Conversations

08/01/2001

Q. I'm considering instituting a policy at my company that would permit me to record my employees' phone conversations. Can I record employee phone calls without their consent? —P.C., Michigan

Limit Employee Access to Personnel Files

08/01/2001

Q. I keep on file each employee's application, résumé, performance evaluations and any other praise or disciplinary records. Do I need to provide my employees with access to their files? And, if so, do I have to show them everything? —S.K., New Hampshire

Urge Staff to Visit Doctor During Off-Duty Hours

07/01/2001

Q. We don't usually require employees to provide documentation when they take time off for doctors' appointments, but one worker has a pattern of scheduling these “appointments” on the Friday before holiday weekends. Can we request verification from the doctor's office on a case-by-case basis? —J.B., Washington

Newborn's Medical Problems May Warrant Shorter Hours

07/01/2001

Q. A long-standing employee recently took leave under the FMLA to give birth, but her twins have many medical complications. She exhausted her eligibility under our disability carrier and isn't eligible for long-term disability because she's not disabled. We want her back, but she can't commit to even 20 hours a week. What are our obligations under the FMLA, and would this individual be entitled to unemployment compensation if we terminate her? —G.B., New York

Workers Can Limit Payments to Union

07/01/2001

Q. We recently lost a union election, 6-3. What can employees who did not want any part of the union do now? Is there any way for them to get out of this? —K.F., Pennsylvania

Limit Employees' Use of Phone While Driving

07/01/2001

Q. The animal care officers who work for us spend 80 percent of their time driving and responding to rescue calls via cell phone. Requiring them to pull off the road while talking on their phones wouldn't work. Is there another way to limit our liability? —D.R., Florida

Vacation policy could jeopardize at-Will rights

06/01/2001

Q. Under our written company policy, an employee who fails to give 20 working days' notice before resigning forfeits any earned vacation days. Is this policy lawful? —C.R., Wisconsin

Take all steps needed for accurate time records

06/01/2001

Q. About a year ago, our company replaced manual time clocks and punch cards with a computerized system, so each employee would punch in and out on the computer. The information is downloaded directly to the payroll department. Despite numerous reminders, from stickers to manager meetings, we still have a chronic problem of employees failing to clock in or out of work. Any suggestions? —M.M., Minnesota

Maternity leave repayment may be discriminatory

06/01/2001

Q. Our maternity leave policy offers paid leave for female employees who plan to return to work after the birth of the child. If the employee quits before returning to work, she's required to reimburse the company for the paid leave. Is this lawful? —A.C., Maryland

Employees must know company disclosure limits

06/01/2001

Q. During a recent Internet chat room exchange, an individual self-identified as an employee came to our company's defense over a recent drop in stock price. The employee came dangerously close to disclosing information about earnings that were not yet public. What should we do? —C.F., New Jersey

Dress code can differentiate among workers' positions

05/01/2001

Q. Can we set a dress code policy that bars visible tattoos and multiple piercing on our receptionist but not other workers who have less public contact? —D.O., Maryland

Keep pay in line with work performed

05/01/2001

Q. A salaried supervisor was unable to handle the stress of his job and requested a transfer. Six months ago, we moved him to a rank-and-file hourly position, but we left him at the higher salary. I think I'm being unfair to the other co-workers in that position. May I reduce his wages to the hourly rate? —C.T., Iowa

Paying for holiday work can endanger exempt status

05/01/2001

Q. Our company policy says employees who work on holidays are paid time-and-a-half. If an exempt employee works on a holiday, can I pay him time-and-a-half? —R.E., Iowa

Don't let timecard mistake delay prompt payments

05/01/2001

Q. Because of a problem with timecards, we couldn't tell how much pay we owed some employees. What is our obligation to pay employees if we can't determine the exact number of hours worked? Is there any penalty for the delayed payment? — I.V., Wisconsin

In office or at home, workers' comp applies

05/01/2001

Q. Do workers' compensation laws apply if an employee is injured while working in his own home and using his own equipment? —S.S., Maryland