Q&A

When is telecommuting considered a reasonable ADA accommodation?

08/03/2017
Q. Our organization rarely if ever lets employees work from home. An employee in our marketing department is struggling with a disability and has asked to work from home as an accommodation. Would that be a reasonable accommodation?

How should staff conducting employment interviews accommodate deaf applicants?

08/03/2017
Q. The recruiting manager of our company is interviewing a deaf applicant for an open position. What should she keep in mind during the interview?

What happens when payday is on a holiday?

08/02/2017
Q. Our wage payment deadline falls on the first Monday of September this year, which is Labor Day. By when must a company make payments to meet its deadline and avoid penalties when its payment date falls on a holiday?

Must we pay a premium on holidays?

08/02/2017
Q. I have chosen to keep my business open on Labor Day. Must I pay employees who work on Labor Day (and other holidays) premium holiday pay?

Do we have to close on Labor Day?

08/02/2017
Q. This is our busiest time of the year, and we really can’t afford to give our employees Labor Day off. Is it illegal to have employees work on Labor Day?

What's the problem with checking social media accounts of applicants and employees?

08/02/2017
Q. I would like to ensure that all of the individuals working for us do not engage in morally questionable behavior. Since many people show their true selves on social media, not at work, can I check the social media profiles of applicants and employees?

What are the limits for meal and lodging credits for employer-provided housing in Calif.?

07/03/2017
Q. Our company often deducts the costs of meals and lodging from live-in employees’ minimum wages. How much can we credit meals and lodging against minimum wage in California?

Can we use a tip credit in California?

07/03/2017
Q. We are expanding out hospitality chain into California. What is the maximum tip credit we will be able to deduct from servers in California?

Must we allow unlimited breaks for mothers to express breast milk?

06/28/2017
Q. An employee just came into HR demanding that we provide her with unlimited breaks for expressing milk. Is this true? She said she read it at the Minnesota Department of Labor website.

What does ADA say about accommodation when employee has communicable disease?

06/06/2017
Q. We discovered that a beloved member of our kitchen staff has hepatitis A. I know that many protections exist for individuals with disabilities, but we are worried about him handling food. Can we reassign him to the front of the house as a host?

Fear of violence: Can we terminate employee who has mental illness?

06/06/2017
Q. We discovered that one of our employees has a history of unprovoked violent fits due to schizophrenia. We certainly sympathize with our employee’s struggle, but we also worry about the safety of customers and other employees. Does state law allow us to fire him for this reason?

Can a thermostat adjustment really be an ADA reasonable accommodation?

06/06/2017
Q. One of our employees suffers from arthritis and has complained that the temperature of the office triggers joint pain. She has requested that we heat the entire office to 80 degrees Fahrenheit as an accommodation of her disability. Must we do so?

Collect unemployment during furloughs in Minnesota?

05/17/2017
Q. As a labor cost-cutting measure we are scheduling employees for three weeks on and one week off. We expect to keep this schedule indefinitely. Can employees collect unemployment for the one week they are off?

How should we track and manage work-at-home time for nonexempt employees?

05/10/2017
Q. We try to be a flexible workplace and sometimes get requests from employees to work from home for a day or two during school breaks and so on. I don’t have a problem with this for exempt employees, but what about hourly ones? How do we track that time?

How should we handle exempt employees' sick leave taken under our PTO plan?

05/10/2017
Q. The FLSA requires that we pay the full salary for any week in which the exempt employee performs any work. We have a sick leave plan for all employees included in our paid time off—or PTO—plan. If an exempt employee calls off sick, we dock her PTO available, which includes sick or vacation. In other words, our PTO isn’t split into sick and vacation pay. Can we dock this bank until it’s gone before we pay her for nonwork days?
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