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

Carl Crosby Lehmann

Must we prorate bonuses for employees who missed work while out on FMLA leave?

02/09/2011
Q. Many of our employees are eligible for a bonus at the end of each year if they meet specific yearly sales goals. Are we required to prorate the bonus for employees who fail to meet their goals because they took FMLA leave during the year?

Can we use a lottery to set our vacation schedule?

01/28/2011
Q. I know it’s early, but last summer we had lots of conflicts over who could take vacation during certain weeks, with several people demanding time off around holidays. I want to use a lottery system to allocate vacation time. Is this legal?

What are some alternatives to RIFs?

01/14/2011
Q. Our company is looking for ways to cut labor costs in order to remain competitive. We are considering implementing a reduction in our labor force and wondering if there are other cost-saving options that are not as legally risky as laying off people.

Must small employers grant FMLA leave when an employee adopts a child?

01/14/2011
Q. I am an HR manager for a company with 30 employees.  One of my newer full-time employees who has worked here for just over a year tells me that she needs some time off because she is adopting a baby from Russia. Am I required to give her any time off for the adoption?

Are we legally required to offer performance improvement plans and last-chance warnings?

01/03/2011
Q. I attended a seminar for HR professionals last month where the instructor discussed the value of offering performance improvement plans and last-chance warnings to employees before they are terminated. Is my company obligated to offer these plans or warnings?

How should we tally overtime pay when employees earn different amounts at different times?

12/09/2010
Q. We have employees who work on-call and often accrue overtime hours. They receive a different amount of pay for on-call work than regularly scheduled work time. How do we calculate their regular rate of pay for overtime purposes?

Can arbitration agreements include clause waiving employees’ statutory claims?

12/09/2010
Q. I am wondering if we can contract with employees to resolve employment-related disputes, including statutory claims, with binding arbitration. Are there any problems with this?

What should we know about running credit checks on job applicants?

12/09/2010
Q. Our company is hiring a new finance director and we’re planning to do credit checks on serious job candidates. Are there any legal issues that we should be aware of?

Checking e-mail after hours: Should we pay?

11/11/2010
Q. Several nonexempt employees have smartphones. Do we have to pay them for the time they check work e-mail at home?

Do I need a state-specific separation agreement?

11/11/2010
Q. I am terminating employees in three states. Is it OK for me to use my standard separation agreement in all three states?