• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR LAW Weekly
  • The HR Weekly

Ask the Attorney Archives

Are ‘use it or lose it’ vacation policies legal?


Q. "Our company has a use-it-or-lose-it policy for vacation leave. Is it lawful for employees who have not taken their vacation at the end of the calendar year to lose it if notice has been given of such consequences?"

Must we allow (or stop) Bible study at work?


Q. An employee sent a companywide e-mail inviting employees to attend a morning prayer and Bible study prior to work that will be held on the company premises. Do we have to allow this (or do we have to shut it down)?

Are we liable for injuries to the cleaning crew?


Q. We employ a husband/wife team to clean our office. We pay them on a monthly contract basis and provide a Form 1099 at year-end. Would we be liable for an injury they might suffer while cleaning?

For FMLA purposes, who’s a ‘key employee’?


Q. On the U.S. Department of Labor’s Form WH-381 (Notice of Eligibility and Rights & Responsibilities), there is a line that asks if the worker is a “key employee” as defined in the FMLA. I don’t want to offend any of our employees, so I always check the “yes” box.  Am I doing the right thing?

Are there ADA implications if we ask applicants to take personality tests?


Q. We would like to administer personality tests to job applicants. Would this violate the ADA? A. Personality tests are a good example of the types of policies likely to be affected by the recently passed ADA Amendments Act of 2008 …