Q&A

How should I accommodate breastfeeding at work?

09/21/2015
Q. An employee who is about to return from maternity leave wants to pump breast milk at work. She is asking for a room specifically designated for pumping, as she feels uncomfortable doing so in the bathroom or the office, and for several breaks during the day. Do I have to provide this accommodation?

Do you have guidance on résumé retention?

09/14/2015
Q. How long do we have to retain résumés received in response a job posting? Our HR department has asked if we only have to keep those that were considered for the job or if we must keep every résumé that comes in regardless of whether we look at it.

Can employee take intermittent FMLA leave to attend her child's sporting events?

09/14/2015
Q. An employee’s daughter has diabetes and the employee has intermittent leave to provide assistance and care for her. The employee is now using FMLA leave to attend her daughter’s field hockey games and practices, claiming she needs to be there in case of diabetic complications during athletic events. The health care certification that we received in connection with this FMLA leave request does refer to a need to provide care during “flare ups.” Do we have to continue to permit the mother to attend the games and practices as intermittent FMLA leave?

What should we do? We're worried that one of our company laptops may contain child porn

09/14/2015
Q. Our HR team has been advised that one of our employees has been arrested for possessing child pornography. This employee has a company laptop computer that is in our worksite. What, if anything, should we be doing with this computer?

Can I allow interns to work for free?

09/09/2015
Q. A few local college students have expressed interest in interning at my dental office. I could really use their help filing papers, putting things on the computer and dealing with the patients. Can I utilize unpaid interns without breaking the law?

How should I accommodate breastfeeding at work?

09/09/2015
Q. An employees is about to return from maternity leave and wants to pump breast milk at work. She is asking for a room specifically designated for pumping, as she feels uncomfortable doing so in the bathroom or the office, and for several breaks during the day. Do I have to provide this accommodation?

Boss beat-down: What's our liability?

09/01/2015
Q. We recently had an incident in which a supervisor hit one of our employees. Are we liable? And what types of workplace violence is a company responsible for preventing?

Are posters required at every worksite?

09/01/2015
Q. Must a company post mandatory notices at every worksite? What are the penalties for failing to put up the mandatory posters?

Must we pay for employees' auto repairs?

09/01/2015
Q. Are employers responsible for fixing an employee’s car if it is involved in an accident while traveling to conduct company business on company time?

How often can employees see their files?

09/01/2015
Q. Does Pennsylvania law limit on how frequently employees may review their personnel files?

What are California's unique overtime rules?

08/26/2015
Q. Do I have to pay overtime to an employee when he or she does not exceed 40 hours of work per week?

What's the latest on unpaid internships?

08/26/2015
Q. Is there a recommended way to utilize interns without running the risk of breaking the law?

Must we pay out unused PTO on termination?

08/26/2015
Q. I know that California employers are required to pay out unused vacation time, but what about accrued but unused PTO or floating holidays?

Do we have to hire the partying applicant?

08/19/2015
Q. We are hiring a new salesperson, and were about to offer the position to a seemingly well-qualified applicant. As part of our reference check, a social media search was also conducted. Several photos of the candidate passed out surrounded by empty booze bottles at what looks like a fraternity party and other photos of partying were found. We are considering not hiring this applicant because of the results of the social media search. Would that present any problem for us legally?

Must we permit transitional work following off-duty injuries?

08/19/2015
Q. An employee was injured away from work. He is now demanding to return to work as an accommodation for his injuries, which he claims is a disability under both the ADA and Minnesota Human Rights Act. We do have a transitional work program, whereby we create work to aid workers injured on the job in returning to work. The work involves duties that we otherwise outsource, such as floor sweeping, etc. Our injured employee is not able to return to his prior position due to the physical nature of that job, and is now demanding that we provide him this sort of transitional work. Must we?
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