Ask the Attorney Archives

Should union-rep employees be treated differently at work?

11/07/2011

Q. According to the LM10 rule, can we hold an employee to same standards as union officials, even if the person is not a union official but they seem to always fight and request information like a union official? – Chris, Indiana

Do reprimands have a life span, or do they stay in employees’ files forever?

10/31/2011

Q. Our attendance policy looks at a rolling six-month period. If employees improve their attendance problems within the six months, the points drop off. That is all fine. However, if an employee is given a final written reprimand in 2008 for violating a policy and in October 2011 needs a reprimand for violation of dress code, do we still hold the 2008 reprimand against this person? – Mike, Virginia

When can salaried workers be paid for overtime hours?

10/24/2011

Q. I am taking on the employment law role at a 10-person company. The company uses a base salary system for ALL employees based on a 40-hour work week. If any of us work over 40 hours, we are paid overtime at 2x normal hourly rate (salary divided by 2080 hours.) This is applicable only up to 50 hours. Anything over 50 hours is not paid at all. Some employees fall under nonexempt status based on their responsibilities (assembly line workers). But a few of us, myself included, are exempt since we are executives and professionals and make upwards of $100,000/yr. Clearly we should not be paid overtime and be fully salaried. My concern is whether the company can be in legal trouble for technically paying us exempt workers overtime pay (even if we don’t mind). – Attorney, Colorado

If exempt employee has no leave left, can we dock his pay?

10/24/2011

Q. Our sick plan states that: ‘The Company does not provide paid sick or personal leave. An employee may substitute accrued vacation for approved absences with the approval of his/her manager.’ An exempt employee took of a day and he had no vacation time left for the year. Can we dock him a day’s pay, as our handbook states? – Anonymous, Indiana

Company owner says I shouldn’t put up the new NLRB union poster…Should I?

09/26/2011

Q. I am an HR Manager for a company in Ohio. I know about the new posting that we are supposed to do on Nov. 14, 2011 notifying employees of their rights to unionize, but the owner of the company called me and told me to do not post this in our plant. I told him that it is federal law and that we must post. What am I to do since he is the owner and I must listen to what he tells me to do even though I know that it is wrong? — Gary, Ohio

‘Part-timer’ is working 40-hour weeks: Is she eligible for benefits?

09/19/2011

Q. We have a nonexempt employee who was hired for part-time work last October. For the last 10 months or so, she has been working 40 hours a week on average. We have left her with part-time status for the time being. (That is, we have not officially converted her to full-time status and offered benefits.) Are we required by law to do this as a result of the number of hours that she works? – Mary, Illinois

Can we ask applicants if they’ve filed a workers’ comp claim?

08/29/2011

Q. Are we allowed to ask applicants (on the application or during an interview) if they have ever filed a workers’ compensation claim? – Vicky, Ohio

Can a manager talk to employees about his political beliefs?

08/29/2011

Q. Is there a law that makes it illegal for one of our executives to constantly talk about his political beliefs? He brings his beliefs up at many meetings (in house as well as out). Many staff, including other upper-management individuals, are starting to feel uncomfortable. – Concerned, Michigan

Can we tell an employee not to wear “American Atheist” bracelet?

08/24/2011

Q. We have a retail client who has a full-time clerk who insists on wearing a large bracelet with the words, “American Atheist” in bold print on it. What are our options to stop the lost business and complaints by their customers? – Charles, Ohio

When can county employees use their comp time?

08/15/2011

Q. I am a county clerk and we have some exempt employees who are counting the number of hours they work over 40 hours per week and then add them together, weeks later, and try to take the time off at that time. Doesn’t the Fair Labor Standards say you have to take the time off in the same week or an adjoining week? I can’t find the information on this. — Cynthia, Maine