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Ask the Attorney Archives

Are we on the hook for an employee’s smartphone bill if it’s seeing business use?

08/26/2013
Q: If an employee uses his own smartphone to access company emails or to conduct company work from home (on his own initiative—not required by his employer—but his employer is aware of this), is the employer obligated to pay any portion of the employee’s personal monthly smartphone bill? – Mona, Ohio

Must we show an employee the video that caught her behaving badly?

08/19/2013

Q: We suspended an employee for a complaint made by a client about her use of a cellphone while driving a group of children. The client took video of her having the cellphone in her hand while driving, and video of her swerving all over the road because of this. This employee argued during the write-up and suspension meeting and demanded to see the video. I have received a few of the videos; do we have to show her the proof?  – Anesa, Texas

Can we delay a pregnant worker’s start date rather than grant leave?

08/19/2013

Q: We hired a new employee who told us after she was hired that she is pregnant with a due date about six weeks after the start date we offered (and which she accepted). Can we change her start date to several weeks after her baby is born, or would that be considered discrimination against a pregnant woman? Also, how do we go about writing a maternity leave policy that is legally sound (do we need a lawyer for this, or is there an easier and less expensive way)?  – Lilly, California

What is the decision-making threshold that determines an employee’s status as exempt or nonexempt?

08/19/2013

Q: I want to ensure that we have correctly classified our exempt versus nonexempt administrative employees. The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance. What constitutes “matters of significance” in the exemption? What would an executive assistant need to be capable of doing without consultation in order to be an exempt employee?  – Kary, Maryland

Do medical marijuana laws keep us from denying employment to users?

08/19/2013

Q: lllinois recently passed a law legalizing medical marijuana. How does that impact pre-employment drug screenings? Would someone using medical marijuana still need to be considered for employment even though the company does not hire anyone who does not pass the drug test? – Ann, Illinois

When PTO creates a problem, can we deny it–and what happens if an employee takes it anyway?

08/12/2013

Q:  We have an employee who requested some time off. He has accumulated some vacation time already, but taking time off at the end of this week will be a burden for his supervisor. My questions are: Can we deny his PTO? And if he decides to take it anyway, is it considered no-call no-show? — Isabelle, TX

What rights do terminated employees have to see and copy their personnel files?

08/12/2013

Q: Are we obligated to copy and mail personnel file documents to a terminated employee? The employee is asking for all documents he signed.  – Rhonda, Pennsylvania

Must we interview both men and women when we have a specific gender in mind to fill the vacancy?

08/12/2013

Q: We are looking to replace our front-desk receptionist, who gave us her two-week notice. We advertised for the opening and got 44 applications. Three of them were from men, all qualified. We’ve always had a female in that position and would like to keep it that way. We will winnow the applicant pool to five interviews. Must we include one of the men to avoid charges of sex discrimination?  – D.G., Pennsylvania

A truly stifling medical condition, or reason to be on alert for FMLA fraud?

08/12/2013

Q: I have an employee who is off on FMLA leave. I have his certification and it states that he has chronic, unpredictable diarrhea with stool incontinence. I asked for clarification and the doctor wrote if he can do his job from the bathroom, then he can work. He also came in with a slip wanting intermittent leave so he could leave work if need be to get cleaned up. I told him that I would not approve the intermittent FMLA. The other employees think he just wants the summer off. He has a brand new deck on the side of his home and he comes in with sunburn like he’s been working on his farm. His FMLA was approved under Absence with Treatment. I talked to my supervisor and she does not want to send him to a doctor of ours for a second opinion at our expense. What can I do about this? – Dorothy, Michigan

Can we legally ask employees about their retirement intentions?

07/22/2013

Q: Is it okay to ask members of management (loan officers, managers, etc.) what their tentative retirement plans are so that we can focus on having enough people trained in the pipeline to be ready to fill retirement vacancies as they present themselves? – Mona, Ohio