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Ask the Attorney Archives

Can we obligate an independent contractor to use our company vehicle?

04/29/2013

Q: I would like clarification on a 1099 employee. If we use contract labor as a driver/courier, can they use the company cars? How would that affect insurance liability, etc.? – Nancy, Florida

How much time-monitoring is acceptable for our exempt employees?

04/29/2013
Q: Can we use a time clock for exempt employees? If not, how we can have a record of their hours worked? – Pilar, Florida

What can employees be obligated to do–and pay–under a direct deposit program?

04/15/2013
Q: My boss is getting ready to implement direct deposit and she sent out a paper for the employees to sign giving her permission to charge us 75 cents a week for her to do our direct deposits. She has told all employees that it is the bank charging us. This I know is not true. She has also told all employees they must get a bank account. Some can’t because of their credit. Can she make us pay her 75 cents out of our paychecks? Florida Statute 532.04 is not clear enough on this issue. – Andrea, Florida

What do we need to provide to an attorney who wants a personnel file?

04/08/2013
Q: If an employee hires an attorney and the attorney requests a copy of his or her personnel file, what am I obligated, by law, to give to that attorney? – Jill, Illinois

Despite at-will status, is it ever simply too soon to fire?

04/08/2013

Q: My full-time salaried employee in Florida was hired four months ago and recently was assigned to a different job within the company. I provided her with a new job description and offer letter detailing compensation changes. She initialed the “employee at will” section and signed both. After all this, I feel that she is just not working out in this position. My question: Can I fire her at any time even though it’s only been a month that she’s been in this position? – HB, Florida

Can we mix and match pay rates when some hours are billable and some are not?

04/08/2013

Q: We recently implemented a new pay scale for our on-road mechanics. They will be paid their Performance Rate (example: $20 per hour) for any billable (to customers) hours. Any “lost time,” not billable, will be paid at minimum wage. I want to be certain we are in compliance with the law. – Carla, California

How do we avoid the complications of a “long-fuse” resignation?

04/01/2013
Q: One of our employees gave us a verbal notice of leaving our employ, but informed us she would have to sell her house first. It has been over six months, and we have hired her replacement so she could train. She has since submitted a written letter of resignation. Will we have any responsibility for unemployment benefits since we suggested it was time for her to submit that letter of resignation? She was not planning on giving us one until her house sold—it has not. – Tom, Illinois

Do we need to accept extended absences for surgery that may not qualify for FMLA leave?

04/01/2013
Q: Is reconstructive breast surgery something that we need to accommodate under the ADA? The employee does not qualify for FMLA. She was treated for cancer, but is no longer under active treatment; however, the reconstructive surgery is “necessary” subsequent to the cancer treatment. In the employer’s assessment, the employee is not limited in any of her major life activities and can do her job when at work. However, she may need to undergo multiple absences for additional surgeries, each one being at least two weeks in duration; some may require up to six or seven week absences. The employee’s presence is a minimum essential requirement of the position. We can accommodate one or two absences for a short period of time, but not as frequent and as long as she requires, as other employees must pick up her workload when she is out.  – John, Texas

Can we charge a processing fee for those who reject direct deposit?

04/01/2013
Q: If I offer direct deposit for paychecks, can I legally charge employees a processing fee (like $1.00 or $1.50) to process and mail a paper check if they won’t do direct deposit? – Leah-Kim, Colorado

Medical records for past employees: Keep or toss?

04/01/2013
Q: Is there any reason to keep old medical files on past employees? Usually the info in the medical files is whether or not they have had a TB test, Hepatitis B vaccination, and typical, routine physical, or an update of return-to-work status after a pregnancy or injury. – Carol, Wyoming