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Ask the Attorney Archives

Must we offer lunch breaks for employees?

07/11/2011
Q. Are we required to give a lunch break (paid or unpaid) to employees? – Debra, New Jersey

Can we have an outside notary handle I-9 paperwork?

07/06/2011
Q. We have a very small company in Illinois that hires hourly employees for janitorial services. We hire employees based on other employees’ recommendations and have only regional managers responsible for multiple locations. When we hire a new employee, a regional manager is not always in the same location as the new employee. We are trying to find a practical way to get the I-9 forms completed without a manager present. Is it legal and acceptable to send the employee to a notary to present their documents and have the notary complete the I-9 for us? If not, what other options are available? – Cindy, Tennessee

How do we handle forfeiture of flex spending funds?

07/06/2011
Q. I have a question about forfeture of flexible spending account funds. We have unused contributions remaining after deducting our administrative fees from 2009 and 2010. We’re being advised by our TPA that we have two options for disbursement. 1) Use the “Net Gain” to reduce required premiums for 2011 for 2011 participants, or 2) Return the forfeitures in cash to all 2011 participants equally via a payroll taxable bonus. We are uncomfortable with these options and would prefer to hold in the account to offset possible losses in future years. Can you please provide us with your legal opinion? – Jill, New York

Termination mistakes: If employer ignores my advice, can I be personally liable?

07/01/2011
Q. If I advise the company owners on how best to proceed with a possible termination and they choose other actions, can I be held personally liable in a lawsuit? – Anonymous, Florida

Are we required by law to advertise job openings internally?

07/01/2011
Q. In what situations is it OK to promote someone without posting the position internally? – Mark, Illinois

Must we pay out leftover PTO leave upon termination?

06/20/2011
Q. Our corporation has a paid-time-off (PTO) policy that says PTO (a combination of sick leave, vacation, holidays) is not paid upon termination. Is this policy a violation of Oklahoma law? – Kathryn, Oklahoma

Wellness health screenings: Are they legal and can you base premiums on the results?

06/20/2011

Q. We are considering a wellness/preventive care program for our employees. We are looking at offering a health test and blood testing. The company would receive an aggregate risk assessment from the results, allowing us to put wellness programs together in our risk area. Are there any legal concerns in requiring employees to go for the testing? If an employee didn’t want to participate, can we charge them a percentage of their medical premium for not participating? – Peggy, Idaho

We think prescription drug use is hurting employee’s work: How do we proceed?

06/13/2011
Q. We suspect an employee’s quality of work is being impaired by her use of prescription drugs. How can we help? How do we legally handle this? – Karen, California

Can dermatologist tell an employee to tone down the tanning?

06/13/2011
Q. We’re a dermatology practice with 47 employees. One of our newer employees is very excessive with tanning. She comes to work with a dark tan and sometimes sun burned. We promote the opposite of what she does. We promote skin cancer awareness along with being safe in the sun. She also wears tight low cut tops. Are we allowed to say something in regards to both of these issues? – Kim, Maryland

Employee is fired after EAP counselor says he’s using drugs: Is that OK?

06/13/2011

Q. An employee failed a drug test and then agreed he’d be subject to termination if he tested positive within the next five years. His EAP counselor later sid the employee confessed to him over the phone that he was using again. He was fired. He filed an EEOC compliant. What’s the potential liability? – Anonymous, Arizona