Ask the Attorney Archives

When we do a layoff, must it be by seniority?

01/24/2011

Q. When a company does a layoff, do we have to do by seniority? – Pauline, Texas

Will oral drug tests stand up in court?

01/24/2011

Q. If our company wanted to drug test employees using saliva swabbing test kits, would the results stand up in court? The general managers at the base level will do the swabbing. Where can I find information on swabbing drug testing? Thank you. – Anonymous, Florida

How do we legally dock an exempt worker’s PTO leave?

01/12/2011

Q: Moving into the new year, the owners of my company would like to make a few of our employees salaried. They all meet the “test.” The owners would like to offer PTO time (3 weeks vacation and 3 personal days). Their thought is to dock pay for each day the salaried employee takes PTO beyond their allotted time. The owners have agreed between themselves to do this, since one takes more time off than others. Is this legal in the state of California to do with salaried employees? – Fonda, California

Can employees dictate who participates in performance reviews?

01/02/2011

Q: Does an employee need to give written permission for his or her supervisor, manager or human resources delegate to sit in on a performance review? — Julie, Ohio

Must we assign leave as FMLA, or is that the employee’s duty?

12/20/2010

Q: Does the employer have to be the first to initiate FMLA if you know an employee is eligible, or can we wait until the employee takes the first step that’s in our employee handbook? – Anonymous in Indiana

Are vacation time and personal time addressed the same?

12/13/2010

Q. Is there a difference how we can address personal time off and vacation pay? – Sandi, Indiana

Can our policy prohibit workers from keeping guns in their parked cars?

12/06/2010

Q: We have a law in our state that allows employees to keep guns in their cars at work. But can we have a company rule that states employees cannot carry them in the car when it’s parked on company property? — Sandi, Indiana

Job says ‘college degree,’ but best candidate doesn’t have one. Can we still hire him?

11/29/2010

Q. Can we hire someone for a position who does not meet 100% of the requirements for the job description? The job description requires a college degree but this person has 15 years in the industry. The job description does not say “degree or equivalent” experience, just a degree. None of the candidates meet the description 100%. — Janelle, Pennsylvania

Can employee take FMLA leave for a grandchild’s birth?

11/22/2010

Q. An employee wishes to take FMLA for the birth of her grandchild. She states her (over 18) daughter lives with her and has no one else to take care of her. How should this be handled? – Becky, Mississippi

Is certification required to designate leave as FMLA-qualifying?

11/15/2010

Q: My question is regarding FMLA. It has two parts: 1) We have exempt employees who believe they do not fall under the FMLA guidelines. They believe they don’t need to complete the forms because they get paid the same amount whether they work or not. If we designate FMLA, and the exempt employee is out for more than the 12 weeks, what happens then? 2) You’ve previously indicated that employers can designate FMLA leave to an employee if they know the employee is out for medical reasons. I am wondering if a medical certification is not needed for this designation. – Vaunette