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Jonathan Hyman

Does the FMLA cover intermittent leave for in vitro fertilization?

08/07/2009

Q. One of my employees has informed me that she is about to begin undergoing in vitro fertilization (IVF) treatments. She requested some intermittent time off from work. Am I required to grant her request?

Downside of providing a recommendation on an employee’s social media page?

08/07/2009

Q. An employee has asked me, as his direct supervisor, to provide him a recommendation on his LinkedIn page. He’s a good employee and I don’t see any harm in granting his request. Are there any risks?

Can FMLA absences count against an employee’s attendance bonus?

08/07/2009

Q. We provide a perfect-attendance bonus to any employee who is not absent or tardy during the calendar year. If an employee’s only missed time is for a medical leave of absence, does the FMLA require us to nevertheless provide the perfect-attendance bonus?

Any problem firing employee who wants her exempt classification changed?

08/07/2009

Q. We have an employee whom we have classified as exempt, but wants to be classified as nonexempt and earn overtime. Frankly, she’s become a pain about the whole thing. Can we just fire her?

Social networking is here to stay; it’s time to amend your e-policies

07/06/2009

According to a recent survey, 22% of employees say they use some form of social networking five or more times per week, and 15% admit they access social media while at work for personal reasons. Yet, only 22% of companies have a formal policy that guides employees in how they can use social networking at work. Here are seven key questions to ask when drafting a social networking policy for your workplace.

Can we terminate a no-call/no-show employee?

07/06/2009

Q. We have an employee who has missed the last several days of work without notice. We also have a policy that says employees who miss three days without notice are deemed to have resigned and are terminated. Are there any legal risks associated with terminating this employee?

When can we legally dock employees’ salaries?

07/06/2009

Q. Under what circumstances can my business make deductions from an exempt employee’s weekly salary without putting the employee’s FLSA exemption in jeopardy?

Protecting computers from ex-employees

07/06/2009

Q. Is there anything I can do to deter employees from stealing or damaging computers after a termination?

Use TEAM approach to stay union-free in a union-friendly world

06/05/2009

By now, nearly everyone in HR has heard of the Employee Free Choice Act (EFCA), under which unions would have a much easier time becoming certified. Because unions have become more aggressive and more successful at unionization even without the EFCA, I recommend that employers adopt the TEAM approach to keeping their workplaces union-free.

Can we make employees pay for work uniforms?

06/05/2009

Q. Are there any laws that prohibit me from charging my employees for their mandatory work uniforms?