Ask the Attorney Archives

Q: “Our company gives bonus time for hours worked over 48 weekly. Can this time that they have already earned be used to fill in time lost? For example, a superintendent has 30 hours banked of bonus time. They worked 28 hours the following week; would it be legal to take his bonus time to bump up hours worked? He is an exempt employee.” – Anonymous, North Carolina

Q: “If we’ve verbally notified an employee (three months ago) that their job is moving (due to restructuring/reorganization) to another state, effective next month—and the employee refused the job/relocation (first right to refuse), what is the risk if we lay off the employee now?”

Q: “We have an employee with a thick Boston accent. Several of his co-workers imitate him, like ‘Where did you pawk your caw today?’ He doesn’t seem to mind, but I can’t really tell. Since there aren’t any protected characteristics at play—such as race or national origin—would that type of ribbing get us in trouble if we don’t stop it?” – Kevin, Maryland

Q: “At our agency, each department has its own attendance guidelines when applying and waiving attendance points. The agency is in the process of reviewing each separate departmental guideline for attendance to develop one set of administrative standard operating guidelines for the agency. Should the agency continue to allow each department to operate under individual attendance guidelines? Or should Human Resources develop an agency-wide attendance policy, where all divisions follow the same guidelines? If the agency continues with each department having separate attendance guidelines for applying and waiving points, will it be viewed as discriminatory?” – Anonymous, Virginia