Ask the Attorney Archives

Q: Can part-time employees be salaried workers? – JMDG, New Jersey

Q: Our company president allowed two people in the office to bring their rescued dogs to work until an incident caused us to disallow animals of any sort on the premises unless they were service animals. Within minutes of announcing this new policy via email, an affected employee came to my office and gave me a “piece of her mind,” standing very close to the door as if to block it, breathing very heavily and waving her arms around, and saying that she was not leaving. Afterward, I thought all was quietly settled until one of the employees posted a store-bought sign in front of her cubicle reading “Beware of Dog.” I’m feeling very uncomfortable and expecting retaliation. I believe that what the employees have done falls under the description of workplace bullying or harassment. What do you recommend? – Anonymous, California

Q: I have a client that uses a vendor to administer its Family and Medical Leave Act benefit for employees. The vendor did not provide proper notification to an employee who was out for a serious health condition. The employee actually had a few conditions, but the vendor assumed that every absence was for the same condition. The vendor never returned phone calls or emails from the employee, and the only communcation that was sent to the employee was notification that the FMLA leave was allegedly exhausted. Does this merit an FMLA employee notification violation? If so, who is liable, the vendor or the employer? – Darnell, North Carolina