• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Ask the Attorney Archives

When do we need to give 15-minute breaks?

04/01/2013
Q: Are hourly employees entitled to a 15 minute break for every 4 hours of work in Alabama? – Blanche, Alabama

How closely can we regulate the private financial affairs of our staff?

03/18/2013

Q: Our Employee Handbook has a section in “Code of Conduct and Conflict of Interest Policy” which addresses Personal Finances. It states: Because of our position of trust in the community, personal finances should be managed with prudence. Personal financial affairs should be conducted in such a manner as to be above regulatory or auditing criticisms or concerns. Therefore, all employees are expected to live within their income and to manage their personal finances so as to avoid embarrassment personally or to the bank. Then it goes on to address overdrafts, etc. My question: What steps can our bank legally take when faced with employees either past due on internal/external accounts, with charge-offs, or even dealing with bankruptcies? – Mona, Ohio

Does offering some employees more vacation than others violate our own policy?

03/18/2013
Q: We have a question concerning vacation. Our company policy states we give one week of paid vacation after one year of employment and two weeks of paid vacation after two years of employment. Some individuals when hired are given two weeks of paid vacation right away; is this legal and proper? Are we required to pay for vacation not taken upon termination or resignation? – Pam, West Virginia

When can we offer compensatory time in lieu of pay?

03/18/2013
Q: The North Carolina Department of Labor states that the private sector cannot give comp time to its nonexempt employees instead of paying time and one-half for overtime. If an employee requests time off instead of pay (say, if they take it within the same or next pay period), is it ever okay? – Joyce, North Carolina

How do we interpret the hours-per-week rule when it comes to overtime law?

03/18/2013

Q: I’m looking for a reference that states what the laws in West Virginia say for the accounting of overtime. I have two interpretations of how to calculate overtime. #1: So long as an hourly employee doesn’t exceed 40 hours in a single week they do not get overtime. #2: An employee who works longer than 8 hours in one day gets overtime regardless of the total number of hours worked that week. – Pam, West Virginia

What’s the key to avoiding trouble when deducting insurance costs upon termination?

03/11/2013

Q: I had an employee resign by email. I emailed him and informed him that his insurance would be prorated to the end of the month and that it would be taken out of his final paycheck. Our company has already paid the company premium, so he will be covered to the end of the month. It is our policy that when a person leaves/is terminated the insurance is prorated to the end of the month. The former employee believes that this is wrong. Is it legal to prorate the medical/dental insurance to the end of the month if that person leaves the company and then deduct it from their final paycheck? – Mary, Texas

Employee needs to fill in for another: How much can we demand?

03/11/2013

Q: We have an employee who was hired as a part-timer, and she has some medical issues. Recently, she was asked to fill in for another employee because of maternity leave, and was told that she must work the other employee’s days whether she was part-time or not. Neither her medical issues nor her part-time status were taken into consideration. Can she be forced to work? Does she fall under any state or federal laws that will protect her from being terminated? What actually are her rights? – Gary, Ohio

How much interaction with law enforcement does an employee need to reveal?

03/11/2013

Q: I am employed by a Fire District, which is considered a governmental employer, and have to abide by public employment laws. Our Assistant Chief has informed members of the department that any time they have any interaction with law enforcement, whether the police make the contact or they do, they have to advise him as to what happened, regardless of whether or not they received any written warning or citations, or even nothing at all. He has also told them they have to advise him any time they are involved with the court system for any reason. The example he used is, even if you are adopting a child you have to advise the department. Can the department require all employees to report any and all interactions with any law enforcement body or the court system for any reason, even if it does not and cannot affect their employment status?  – Charlotte, Arizona

What are the traps of price-matching health insurance?

03/04/2013

Q: I have an employee for whom we presently pay 100% of her health insurance. She wants to find another insurance policy that will cost less for her to add her baby. She’s asking us to reimburse her for the premium if she drops out of our coverage and goes with someone else. Do we have to comply with her request? My feeling is not—but I would need the legal reason for declining her request. —C.Z., California

How do we correct an I-9 created by a previous employer?

03/04/2013

Q: How do I make corrections to a Form I-9, especially when too many documents were verified and indicated on the form, and a previous employer representative completed the form? Is there detailed guidance on how to correct I-9s in a self-audit? How should a notary or employer rep indicate their title when signing section 2? —Rav, Maryland