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Ask the Attorney Archives

How many requests for a doctor’s note is too many?

06/18/2018
Q: “Our employee handbook states ‘If you are gone due to illness for more than two days, a doctor’s note is needed.’ When we have excessive absences for occasional illness I ask that they bring in a doctor’s note each time to discourage unnecessary absences until the attendance improves. Am I wrong?” – Jeff, Iowa

Do we need a workplace dating policy to address a recent problem?

06/18/2018
Q: “We don’t currently have a workplace romance/dating policy, but are seeing the need for one since we are now aware of a relationship between a supervisor and employee. Can we adopt a policy now and enforce it immediately (such as transfers or separation of the two employees)?” – Amianne, Maryland

Who pays the costs during and after an employee’s substance abuse treatment?

06/18/2018
Q: “What is the company’s responsibility for employees experiencing problems with alcohol or controlled substances who are encouraged to seek assistance voluntarily? If we direct employees to available services, or if testing for drugs is in place when an employee has returned to work following a treatment program, are we responsible for the costs involved?” – Anonymous, Pennsylvania

Adjunct professors: exempt or nonexempt?

06/18/2018
Q: “Is an adjunct professor (permanent/part time) classified as exempt or non? The generalization is that typically salaried personnel are exempt; faculty are in fact paid salary, but they sign contracts/agreements each term.” – Kenneth, New York

Uh oh, we found I-9 irregularities from the past! Now what?

06/04/2018
Q: “I’ve been going through the paperwork of our current and ex-employees, and I have found that there are a number of our ex-employees who did not complete the I-9 (either a signature or date are missing). These are from the days when my predecessor worked here and I have since started doing I-9s and W4s electronically. What can I do to fix this (if at all possible), and what are the risks for fines if we are audited and these I-9’s from ex-employees are discovered?” – Andie, Pennsylvania

Why is the DOL telling us we can’t deduct from a paycheck in a week when overtime was worked?

06/04/2018
Q: “An employee who left us could not account for his tools he signed for. We deducted the amount of the tools missing from his last paycheck. US DOL is telling me we can’t deduct money from his last paycheck in a week where overtime was worked. Is this correct?” – Steve, Georgia

Can we deduct a signing bonus from an employee’s last paycheck?

06/04/2018
Q: “We have a $3,000 signing bonus for certain categories of employees. The signing bonus is paid in two payments: the first of $1,500 is paid in 90 days; the second of $1500 is paid in 120 days. We have a clause in our agreement that states if an employee separates from the company for any reason before the completion of 120 days, $1500.00 is due back upon employee termination. Is it legal to deduct the signing bonus from the employee provided that wages do not fall below minimum wage?” – Cecilia, California

How extensive are the requirements of New York’s new harassment and discrimination training law?

06/04/2018
Q: “A New York state law, effective October 9th, requires sexual harassment and discrimination policies training for ‘all’ employees (no minimum number). The New York City Human Rights commission has the same requirements; however, it states a minimum of 15 employees. My clients are confused, as am I, as to which to apply? I know the safe answer is to comply with the state, but is it necessary?” – Kenneth, New York

What’s the best way to work an on-call policy?

05/04/2018
Q: “We are currently scheduling our employees with an on-call schedule. Employees are expected to keep their phones on and nearby. If they are called in, they are expected to be onsite within an hour of being called in. We do not compensate them for being on-call if they are not called in. Is this legal? Also, if an employee is scheduled for on-call from 1 pm to 11 pm and we call them in at 4 pm and ask them to be in at 5 pm, can they be written up if they show up at 5:10?” – Alexis, South Carolina

Can a leave of absence run concurrently with PTO?

05/04/2018
Q: “I have an employee who has requested a Leave of Absence (LOA). He has also requested PTO prior to the date he has requested his LOA. Is there any legal reason in the state of Pennsylvania that I can’t run the LOA and PTO concurrently? I don’t believe it should be an issue, but want to be sure. Our employee is pretty vague about this issue, and it’s very unusual for an employee to request taking PTO as well as LOA but to take them separately.” – Andie, Pennsylvania