Q&A

Am I allowed to institute a tip pool?

09/21/2015
Q. Bartenders and servers at my bar make hundreds of dollars in tips each night while our hosts, bussers and managers walk away with much less. I instituted a pooling policy to correct the injustice, but now my bartenders and servers are threatening to sue for taking their tips. Are they right?

How should I handle meal breaks and downtime when we work on a split-shift basis?

09/21/2015
Q. I need my restaurant employees to work lunch and dinner shifts but not the two hours between when we are closed. Do I have to pay for the time they are on break between or does it qualify as a meal break?

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?
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