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Ask the Attorney Archives

How do we handle a Social Security ‘No Match’ response?

04/04/2011
Q. We do not use E-Verify but use the “Social Security Number Verification Services” system. If an employee whose information does not “verify” will not go to the Social Security Administration office to resolve the issue, what should I do? The SSNVS page specifically states that I cannot take adverse action against the employee because of a mismatch. – Wallace, North Carolina

How do we write a vehicle allowance policy?

03/28/2011
Q. We have employees that travel across the country to build retail stores for our client. They drive their own vehicles and we pay them a weekly vehicle allowance in addition to their salary. It’s taxable income to them, but I need help writing a vehicle allowance policy. Our allowance covers wear and tear for their vehicle and we also provide a fuel card for job-related fuel only. Is there a policy out there somewhere that you could point me too? And are there any legalities that we need to be aware of with this? – Kim, Virginia

Are we required to advertise a new position if we already have one candidate in mind?

03/21/2011
Q. We are considering creating a new position and have an employee in mind to fill that position. Are we required to post that position as well? – Pam, Georgia

How can we investigate fraudulent dependents on employee W-4 forms?

03/21/2011
Q. When hiring employees who we know are claiming excessive/nonexistent dependents on their W-4 to avoid paying federal income taxes and hoping not to be held accountable, do we have the right to have them produce some form of proof of the dependents? – Debbie, Tennessee

What are the pros and cons of making copies of completed I-9 forms?

03/14/2011
Q. What are the advantages/disadvantages of making copies of the new hire’s I-9 documents? – Tenny, Ohio

Can we require exempt employees to work certain hours on site?

03/14/2011
Q. Can I require exempt employees to work a minimum number of hours each week? I don’t plan to reduce their salary if they do not, but I will impose disciplinary action. Too many of them are taking advantage of the exempt status and are missing far more often than they are present and working. – Margaret, California

What workers’ comp or ADA issues do we face if injury was one year ago?

03/14/2011
Q. What potential legal action is our hospital facing with an employee who had surgery on an injury that occurred at work more than a year ago? — John, Washington

Can we refuse to hire a person because she has no front teeth?

03/06/2011

Q. We operate hair salons. An individual came in to drop off an application and she had no front teeth. Her appearance was not professional. Can I exclude her on this basis alone? We are in an industry that focuses on image. We expect our employees who work with the public every day to have teeth. We only employ eight employees currently. – Kevin, Kentucky

Do we have to pay for employees’ steel-toed boots?

03/06/2011
Q. I work for a highway construction company. Our company provides $100 vouchers for our employees to buy steel-toed boots because the company and OSHA requires it for safety. This is given to employees who have completed the 90-day probationary period. How do we handle new hires who say they cannot afford the boots for the first day of work? One solution offered was to give them the voucher but take the $100 out of their paychecks. Then give the $100 back after they complete the 90-day intro period. Will DOL allow this deduction? – Heather, Florida

Do we have to pay repair man for ‘callback’ jobs he should have fixed the first time?

03/06/2011
Q. In the heating and air business, our service technicians sometimes do not fix the problem the first time when at a customer’s home. When we get a “callback,” the same technician has to go back out and fix the problem he didn’t fix the first time. Can we not pay the technician for having to go on callbacks for something they should have fixed the first time? If we have to pay them, do we have to pay the normal rate or can we pay a reduced amount? Thanks. – John, North Carolina