03/21/2013
Q. We have some paid consultants who have been working for us for two years. Are there any ramifications if we refer to these consultants as “staff” and enter them in a national database as our staff?
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03/20/2013
Q. Because this season’s flu outbreak was so severe, next fall we would like to require all our employees to get a flu vaccine. We hope this will cut down on employee absences during flu season. Would such a policy be lawful?
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03/18/2013
Q. If an employee is admitted to a nonmedical facility for alcohol addiction, can this leave qualify under the FMLA? If so, what documentation is acceptable? Can a letter from the facility be substituted for medical documentation?
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03/15/2013
Q. We are entering into a settlement agreement with a former employee with whom we have had lots of issues over 10 years. We want assurances that he will not come back with any further claims. Can a single release cover every type of legal claim?
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03/15/2013
Q. The minor child of one of our employees has a disability. She was approved to be his personal care attendant and requested FMLA leave to see if she would like to do this as a job going forward ... I know FMLA is available to care for a child, but can she use FMLA as a way of trying out a new job?
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03/15/2013
Q. We have to let an employee go because we are overstaffed. In the past, we have given one week of severance pay for every year of employment. We would like to start requiring those who accept severance to sign a waiver. Can we? Do we have to pay more?
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03/13/2013
Q. Our company is very casual and has no dress code. A recent hire is a young woman who wears low-cut tops and short skirts. Our staff is predominantly male and this has become a distraction and frequent conversation topic. How can we implement a dress code now without appearing to single anyone out?
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03/12/2013
Q. Our business recently was forced to implement layoffs—and most of our remaining employees walked off the job. All were given a COBRA notice, but only one chose to take the coverage. Since this was a group insurance policy and only one person will now be insured, the insurer is canceling our policy. What’s our responsibility to that ex-employee?
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03/12/2013
Q. One of our account managers writes a blog geared toward our clients as a marketing tool. It’s linked to our website and shares our brand identity. All of the content goes through an approval process before posting. If he were to leave the company, could he take the blog with him?
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03/12/2013
Q. We’ve had so many employee absences due to the flu this year. Next year, can we require all employees to get a flu shot?
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03/07/2013
Q. We recently started permitting two of our employees to telecommute on certain days of the week. We are concerned with tracking these employees’ hours. What are the wage-and-hour concerns we should be aware of for telecommuting employees?
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03/07/2013
Q. When our employees come in to work, they spend part of their time getting their equipment running. Do we need to compensate them for that time?
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03/01/2013
Q. We’ve traditionally sponsored a springtime cruise for our Pennsylvania employees—mainly executives and directors. However, it will cost too much to invite our newest employees, who work in three neighboring states. Can we sponsor different events for staff in each geographical area?
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03/01/2013
Q. An employee lodged a complaint about a supervisor’s misconduct. I know we’ll need to perform an investigation, but I’m not sure where to start. What’s the best way to proceed?
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02/21/2013
Q. One of our employees who is out on workers’ comp isn’t following the treatment prescribed by the workers’ comp doctor. She fails to attend physical therapy as prescribed. She says she’s still in pain and can’t return. Our conduct policy sets progressive discipline based on different offenses. Can the failure to abide by the doctor’s orders be included as a violation?
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