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Susan Lessack

Should veiled lawsuit threat affect how we approach disciplining difficult worker?

05/08/2013
Q. We have an employee who has been a constant source of drama and complaints within her department. When her manager sat down with her recently to discuss a confrontation she had with another co-worker, she “casually” mentioned that she has been trying to get pregnant, and “wonders if the stress of the job” could be the reason she has been unable to conceive. What are we supposed to do now?

Is our ‘working supervisor’ properly classified?

04/25/2013
Q. We have an hourly worker who oversees both the maintenance and housekeeping departments and supervises two employees. In this job, he has the authority to hire and fire. However, he is also a “working” supervisor who performs maintenance in and around the property. Can his status be changed to salary/exempt?

Should I register for online access so I can monitor employee’s social media activity?

04/25/2013
Q. An employee has brought to my attention that another employee seems to be spending much of the workday posting to a social media site … Apparently, the website doesn’t require being someone’s “friend” to see their social media activity. Is it OK if I sign up with the site to monitor his use?

From workers’ comp to part time: Can we reduce employee’s leave benefits?

04/25/2013
Q. We have an employee who was out on workers’ comp and has recently returned to work part time. (She is still collecting partial workers’ comp benefits.) Can we adjust her vacation and personal leave time to reflect the limited hours she’s working, or is she entitled to the full amount of days?

Must unused ‘floating holidays’ be paid?

03/29/2013
Q. We gave eligible employees a “floating holiday” in lieu of having Dec. 31 as a paid holiday. We generally pay employees for all unused vacation, sick and personal time upon termination, but we have no policy regarding an unused floating holiday. Do we have to pay workers for any unused floating holidays upon termination?

Do OSHA and other laws cover telecommuting?

03/29/2013
Q. We recently hired someone who will be working from home three days a week. Do OSHA’s regulations and standards apply to home offices? And are there any other laws we would need to be concerned about regarding telecommuting?

Layoff and then a walkout: What’s our COBRA obligation?

03/12/2013

Q. Our business recently was forced to implement layoffs—and most of our remaining employees walked off the job. All were given a COBRA notice, but only one chose to take the coverage. Since this was a group insurance policy and only one person will now be insured, the insurer is canceling our policy. What’s our responsibility to that ex-employee?

Who owns the blog: the author or the company?

03/12/2013

Q. One of our account managers writes a blog geared toward our clients as a marketing tool. It’s linked to our website and shares our brand identity. All of the content goes through an approval process before posting. If he were to leave the company, could he take the blog with him?

Next year, what steps can we take to protect workers against the flu?

03/12/2013
Q. We’ve had so many employee absences due to the flu this year. Next year, can we require all employees to get a flu shot?

Is it legal to exclude out-of-state employees from our annual outing?

03/01/2013

Q. We’ve traditionally sponsored a springtime cruise for our Pennsylvania employees—mainly executives and directors. However, it will cost too much to invite our newest employees, who work in three neighboring states. Can we sponsor different events for staff in each geographical area?