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Ask the Attorney Archives

How do we handle half days when it comes to FMLA leave?

12/10/2012

Q. We have a salaried employee who needs to take FMLA leave. Some days off will be full days, so they would be unpaid unless she has vacation or personal time, but how do we pay for the intermittent days on which she only takes a half day off?  – Mary, Nebraska

When does extra work become a separate job?

12/10/2012

Q. We have an hourly employee who does clerical work to fill her 40 hours; she would also like to start cleaning the office two nights per week. Since these are two separate jobs, would she get overtime or would it be a separate payment?  – Mary, Nebraska

Different dress codes for different departments: a viable idea?

12/10/2012

Q. We are a retail company with approximately 200 employees. We have about six different departments. Each of these departments has anywhere from one to 10 employees. The supervisors are not agreeing on an overall dress code and wondered if it would be legal for each department to make and follow its own dress code? Note: Everyone works in the same office space. – Michele, Minnesota

Employee fitness exams: What can they include?

11/19/2012
Q. Are there limits on how invasive an Executive Physical Examination can be? How do you determine what medical tests to include? – Lesley, New York  

Must we give employee access to her personnel file?

11/12/2012

Q. I run a medical practice in Florida. An employee who has been counseled for numerous recurring errors on the job is demanding a copy of her personnel file. I just want to give her copies of documentations pertaining to her counseling issues. Is there a law that will oblige me to provide her with everything in her personnel file? – Anonymous, Florida

Can we do drug tests on employees because our client requests it?

11/12/2012

Q. We are a California security guard company currently working under contract for a public utility. Our contract states that we must drug test guards and make available the results if requested by our client. I know we can test applicants before they are employed, but we need to test current employees as well to be compliant with our contract. Many weren’t tested before being hired. Can we test current guards who were not tested before being employed because our client requests it? Can I give a copy of a drug test of one of my employed guards if my client requests it?  Lisa, California

New EEOC rules on criminal checks: What’s a ‘job-related’ conviction?

11/06/2012
Q. The Equal Employment Opportunity Commission (EEOC) has issued new guidance on employers’ use of criminal history information. In the guidance, the EEOC recommends that employers not ask about convictions on the job application, and, if it does ask, to limit those questions only to those that are job-related. This seems like a very difficult task to determine whether a given conviction is job related or not.  Would you recommend any procedures for an employer to follow to ensure they comply with the EEOC guidance? – Charlie, Arkansas

What are the rules for hiring non-residents or people with green cards?

11/06/2012
Q. Where can I find out information regarding the hiring requirements for non-residents or someone with a green card? – Mike, New Jersey

Can we ask applicant’s date of birth for a background check?

10/29/2012
Q. Is it illegal (state or federal law) to ask a candidate their date of birth on a background check prior to an offer letter being sent to that candidate? – Linda, Mississippi

Employee is always calling off sick for family issues: What can we do?

10/22/2012
Q. An employee is constantly calling off for family issues. Today, she called off again for today and tomorrow, saying her mother is ill. What can we legally do about her absenteeism? – Anonymous, New Jersey