Q&A

Must we pay for time spend in security line?

01/21/2015
Q. To prevent theft, we require our employees to pass through security screenings after they finish their shifts. Because we have a large number of employees, it can take up to 25 minutes for employees to get through the screening line. Do we have to pay our employees for the time they spend in line and going through the security screenings?

Can we replace employee who has been on FMLA leave for 14 weeks and isn't due back soon?

01/21/2015
Q. An employee went out on leave for a medical condition after working for us for 10 months. While the employee was not FMLA-eligible when the leave commenced, he was inadvertently advised that his leave was covered by the FMLA. The employee has now been on leave for 14 weeks, and he is not expected to immediately return to work. We would now like to fill his position. Is this permissible?

Does our lactation room need a lock?

01/21/2015
Q. An employee will be returning from maternity leave next month. She has indicated she intends to express milk during her breaks. We have a room that is rarely used that seems perfect but it does not have a lock. Will this suffice?

What are some resources for classifying employees and independent contractors?

01/05/2015
Q. I am assistant HR director for a small company that uses independent contractors as well as full- and part-time employees. In my role, I must ensure that these workers are accurately classified as either employees or contractors, and that my company fully complies with federal and state tax and labor laws. What is out there to assist me in accurately classifying the workers performing services for our firm?

What's the federal youth minimum wage?

12/24/2014
Q. I am an employer that employs minors in certain occupations. Is there a federal youth minimum wage that I must pay my minor employees?

What restrictions limit child labor?

12/24/2014
Q. One of my employees asked if her 15-year-old son could work for my business. Under Texas law, in which occupations may teenagers be employed?

Can a friend or relative pick up a paycheck?

12/24/2014
Q. Some of the employees in my company’s Texas office have inquired about alternative payment delivery options. Among other things, they have asked if they may have a friend or relative come to the office to pick up their paychecks. Is this permissible?

The requirements of California's WARN Act

12/24/2014
What are the penalties for violating California WARN Act’s notice requirements? And are there any valid exceptions to them?

OK to monitor email without consent?

12/23/2014
Q. We suspect someone is conducting inappropriate business using their work email. Is it illegal for us to monitor their email without their consent?

Why bother with job descriptions?

12/23/2014
Q. Are employers required to have job descriptions for every position within the organization?

Can we ask our employees to keep mum about their bonuses?

12/19/2014
Q. Our company is handing out bonuses only to those who deserve it. Can we ask them—not demand them—to keep it quiet as we hand them their checks?

Is California WARN different than the federal law?

12/08/2014
Q. As a California employer, am I required to follow the same 90-day aggregation rule that the federal WARN Act follows?

How should we pay nonexempt telecommuter?

12/08/2014
Q. I recently allowed one of my hourly employees to telecommute full time. What actions must I take to ensure proper payment of her wages?

How does California's plant closing law work?

12/08/2014
Q. Our company is going to have lay off a large number of employees. Are we required to give notice to the employees?
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