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

Carl Crosby Lehmann

Must we offer severance payments?

12/09/2008

Q. It looks like it will be necessary for our company to lay off several employees. Can you tell me whether we are required to pay severance? If so, how much?

Workplace violence: Hope for the best but plan for the worst

11/12/2008

It’s important for employers to plan to prevent workplace violence and respond to it if prevention fails. While every employer needs a customized plan that fits its particular workplace, good violence-prevention strategies share common elements.

Can we fire someone who is costing us a fortune in workers’ comp claims?

11/12/2008

Q. We have an employee in our manufacturing facility who has brought numerous workers’ compensation claims. This has cost us a lot of money. Do we have to continue to employ this person? His position involves a continued risk of physical injury.

What are the rules regarding owner pay in a startup company?

11/12/2008

Q. We are a startup company seeking investors, and we currently have limited cash flow. The company’s founders own the company on a 50/50 basis and are serving as the company’s officers. We can’t afford to pay them, and they are willing to work for free as part of their investment in building the company. Can we do that?

Is our new worker an employee or independent contractor?

11/12/2008

Q. I recently was talking with another manager at the company who told me that we had hired an independent contractor to work in our records room doing filing and data storage tasks. We also have employees performing that job. Could that cause any problems?

On Election Day, can we require employees to vote after work?

10/14/2008

Q. A number of employees have expressed concerns about long lines on Election Day and their intent to vote in the morning. That could make them late for work. Our office closes at 5:30, which gives employees 2½ hours to vote before polls close. Can we force employees to vote after they have completed their workday? If an employee who votes in the morning is late for work, can we deduct the missed time from his or her pay? …

What are the rules for conducting pre-employment physicals and drug tests?

10/14/2008

Q. I have been asked to screen applicants for several positions. Can we lawfully ask selected candidates to submit to physical exams or drug testing? …

Can employees volunteer time?

10/14/2008

Q. We are a small nonprofit organization that provides social services to the homeless. We cannot afford to pay employees overtime compensation, but some have expressed an interest in donating time to the organization to help provide services. Can our employees also provide work as volunteers? …

Under what circumstances must we pay interns?

09/09/2008

Q. My company would like to hire several college students as interns to work on special projects. Because the work has educational value, we are wondering if the internships can be unpaid. Can we do this? …

Issues to consider before monitoring e-mail

09/09/2008

Q. If we suspect an employee is violating a company policy prohibiting harassment, can we monitor the employee’s e-mails? …