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Ask the Attorney Archives

Do exempts and nonexempts each need their own employee handbooks?

03/21/2017

Q: “For organizations with both exempt and nonexempt populations, is it permissible for an employer to have different time off policies for the respective populations? For example, to design an unlimited vacation policy for the exempts and a paid time off policy for the nonexempts? And if yes, would it be advisable to have two different employee handbooks by classification where such policies would be different, or maintain one handbook with the different policies identified by classification?” – Crystal, Minnesota

Is it lawful to retroactively delete accrued vacation time?

02/27/2017

Q: “If a vacation policy is changed for the current year to no longer carry time over, can the company legally take away time that had been carried over the years?” – Amanda, Ohio

Should employers have new hires sign a HIPAA privacy notice?

02/06/2017
Q: “Should employers have new hires sign a HIPAA privacy notice? From what I’ve read, the Privacy Rule does not apply to the actions of an employer.” – Anonymous, Minnesota

We don’t pay for holidays during a probationary period–but what if the employee is exempt?

01/23/2017

Q: “I hired an exempt employee who signed a 90-day probation sheet which says she does not get sick leave or paid holidays during that time. Do I still have to pay her for holidays since she is exempt? She is still on probation.” – Sandra, Texas

What to do about a perception of bias during an investigation?

01/23/2017
Q: “If there is evidence of bias on the part of an investigator, can it derail an entire employee investigation?” – Anonymous, California

Employee wants to resign right after FMLA leave–so do we have to grant it?

01/03/2017

Q: “I have an employee who made her plans to resign and relocate to another state known to co-workers. Her intent to resign was not put in writing. At some point after sharing her plans, she requested FMLA leave due to the adoption of a child. When HR received her request for leave, she was asked to clarify her intent to resign. The employee states she does not have a definite date of resignation. However, she did confirm that she has no intention to return to work following leave. Does the pending resignation stop our FMLA obligation? Should the employee be granted FMLA leave even though she has no intention of returning to work? Should a designation notice be issued?” – Kaleista, Ohio

Who can draw up employee contracts, and who cannot?

01/03/2017

Q: “Is it illegal for an HR consultant, and owner of a consulting firm, to draft a severance agreement for the consultant’s client employees? An agreement was approved by the client’s attorney as valid in content exactly as presented to an employee. However, the employee is questioning the validity of the agreement because it was not drafted by an attorney.” – Mary, Florida

Can we deduct from an employee’s paycheck if an advance isn’t repaid?

01/03/2017
Q: “Can an employer legally deduct ‘reimbursements’ owed by an employee via the employee’s paycheck? If so, what process or forms need to be in place? When is it never allowed? For example: A company lends money to an employee in an emergency as a loan, and has the employee sign an agreement to pay back such loans.” – Chuck, Illinois

It seems like FMLA leave, but if an employee doesn’t think so, must we designate it as such?

12/19/2016
Q: “An employee will likely need to take some intermittent days off to care for her mother [according to documentation from a medical provider]. The employee does not want this time off designated as FMLA because she assumes it will only be a limited number of days off. Am I required to designate the time off as FMLA?” – Charlene, California

We’ll pay salespeople for unused leave time–but can it be at the minimum wage?

12/19/2016
Q: “In the state of California, for our employees working on 100% commission (they take a biweekly draw against their earned commissions), can we pay out unused PTO time at retirement, termination or voluntary separation at the current rate of minimum wage?” – Stephanie, California