Q&A

Does bankruptcy mean employees won't get paid?

05/17/2013
Q. Can an employer that files for bankruptcy refuse to pay employees for their work and blame the bankruptcy court for not allowing them to?

Employee gets ticket in company car: Who pays?

05/16/2013
Q. We give certain employees company cars to drive. If they get traffic tickets, are we responsible for paying the fine? Or can we hold the employee liable? We don’t have a company policy on this. I was wondering if there are any sample policies.

Can we distribute employees' contact info?

05/14/2013
Q. Do employers have the right to put employees’ address and phone numbers in a place where all employees can access them? Are there privacy issues? Should we get employees’ permission?

Is it OK to volunteer for your own nonprofit?

05/10/2013
Q. I work for a nonprofit organization. Several hourly employees of the organization volunteer during nonworking hours. Is that OK?

Should we go ahead with layoffs--including someone who complained about harassment?

05/10/2013
Q. Our company has been having financial difficulties and we have considered reorganizing for several months. Our chief operating officer has been charged with determining whether any of the current jobs can be eliminated. Recently, before any final reorganization decisions were made, an employee came forward claiming that the COO had been harassing her and had created a hostile work environment ...

How should we apply the pretax contribution limits for 401(k)s?

05/09/2013
Q: An employee has asked if she can continue to make pretax contributions into her 401(k) plan even after her compensation reaches the annual salary limit of $255,000. Our benefits department has never encountered this question before. Can she do so?

How do we fix I-9 mistakes of previous employer?

05/06/2013
Q. How do I make corrections to a Form I-9, especially when too many documents are indicated on the form? A previous employer completed the forms. Also, is there guidance on how to do I-9 self-audits? 

Is it OK for employees to donate leave pay to deceased employee's relatives?

05/06/2013
Q: One of our employees died. Our HR manager would like to allow employees to donate their vacation time to the family and she’s asked Payroll for some guidelines. What can we tell her?

Can both members of an unmarried couple take FMLA leave to bond with their baby?

05/01/2013
Q. A while ago two of our employees developed a romantic relationship. They are now expecting a baby and both put in a request for family leave to bond with their newborn. Are we required to give both workers leave for the birth of their child—even if they are not married?

Can the company 'profit' from the share of health premiums charged to employees?

05/01/2013
Q. After several large health insurance claims last year, our president decided to increase the premiums deducted from employees’ paychecks. However, the rate he has directed to be deducted is higher than the rate at which we are billed for the spouse and dependent coverage. Is it legal to make money off of the “premiums” we ask em­­ployees to pay?

Employees sent on weekend training time: Does that affect their overtime pay?

04/26/2013

Q. We sent a few employees to training over a weekend. They weren’t required to attend, but the course will help them do their jobs better. We paid the hourly ­workers for that time, but not overtime. Do we owe them overtime if they worked 40 hours before the training session?


Is our 'working supervisor' properly classified?

04/25/2013
Q. We have an hourly worker who oversees both the maintenance and housekeeping departments and supervises two employees. In this job, he has the authority to hire and fire. However, he is also a “working” supervisor who performs maintenance in and around the property. Can his status be changed to salary/exempt?

Should I register for online access so I can monitor employee's social media activity?

04/25/2013
Q. An employee has brought to my attention that another employee seems to be spending much of the workday posting to a social media site, to the point where he could conceivably be spending at least three to four hours a day doing something other than work. Apparently, the website doesn’t require being someone’s “friend” to see their social media activity. Is it OK if I sign up with the site to monitor his use?

From workers' comp to part time: Can we reduce employee's leave benefits?

04/25/2013
Q. We have an employee who was out on workers’ comp and has recently returned to work part time. (She is still collecting partial workers’ comp benefits.) Can we adjust her vacation and personal leave time to reflect the limited hours she’s working, or is she entitled to the full amount of days?

Can transportation firm include class-action waivers in arbitration agreement?

04/23/2013
Q. We would like to ask all of our employees to sign arbitration agreements. However, in light of the 2011 U.S. Supreme Court decision in AT&T Mobility v. Conception, we would like these arbitration agreements to contain class-action waivers. How should we handle this process, given that we are in the transportation industry?
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