Carl Crosby Lehmann

Is it legal to pay just a partial day’s pay for employees who work less than a full shift?

12/09/2009

Q. We scheduled an hourly employee to work a full day, but he worked only part of the day because we didn’t have enough for him to do. With the slowdown in our business, we expect this will be happening with this and other employees more frequently.Do we have to pay hourly employees for a full day of work or just the actual number of hours worked?

Can worker ‘plead the Fifth’ in an HR investigation?

12/07/2009

Q. Two employees are refusing to participate in an internal workplace investigation. Can we discipline them for insubordination?

Denying FMLA leave: What’s a ‘key’ employee?

11/14/2009

Q. When can we deny an employee FMLA leave because of hardship? We have only two nurses, and one is going out on FMLA leave so the other must be present.

Must we provide extended leave for employee to care for son wounded in the line of duty?

11/11/2009

Q. One of our employees has requested medical leave to care for her 35-year-old son who was injured in combat duty. The employee indicated that she will probably need more than 12 weeks of leave. Do we have to give her more than 12 weeks of leave?

What do we need to do before implementing a drug and alcohol testing program?

11/11/2009

Q. My company wants to begin substance-abuse testing of employees that it suspects are under the influence of drugs or alcohol in the workplace. We already have a drug- and alcohol-free workplace policy. Is there anything else we need to do to allow us to test employees for illegal drugs or alcohol?

Is refusing to sign a disciplinary notice itself a reason for further discipline?

11/05/2009

Q. We recently disciplined an employee for poor performance. She did not agree with our assessment and is refusing to sign the memo documenting our discussions. Can we discipline her for her refusal to sign this memo?

What counts as a true meal break?

11/04/2009

Q. Sometimes we hold important meetings at lunch and provide food. An employee then takes her lunch hour after. Can we tell her she can’t do that?

Must we honor 8-hour limit for arthritis?

10/31/2009

Q. An employee brought in a doctor’s note that said, “Employee can work only eight hours a day due to arthritis.” I don’t think that’s an ADA disability. Is it a violation of ADA if we don’t honor this restriction?

Must you pay for the commute? Sometimes, yes

10/28/2009

Q. One of our nonexempt employees is now working at a different location on Thursdays. This is a temporary assignment with no end date. It normally takes her 10 minutes to drive to work. But now she has to drive 90 minutes. Should she be paid for 1 hour and 20 minutes of travel time (subtracting her 10-minute normal commute)?

Bonuses advanced and then rescinded: Does that threaten MFLSA exempt status?

10/15/2009

Q. Our bonus plan states that employees eligible to receive bonus pay will receive bonus advances with each paycheck based on year-to-date performance results. Last year, we were on track to meet the maximum bonus throughout most of the year, but the last few months of the year were slow and we didn’t meet our target goal. As a result, we deducted certain amounts from the last few paychecks of salaried employees. Do these deductions threaten the exempt status of the salaried employees?