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Susan Lessack

How should we craft a policy allowing us to refuse to consider unsolicited résumés?

07/27/2012
Q. Our company doesn’t want to consider applicants who send in unsolicited résumés. We are trying to come up with a legally sound definition for “applicant” so we can write an official policy. Any suggestions?

Can we lay off a department and require reapplication?

07/24/2012

Q. I recently read about an employer laying off an entire division and then making those employees reapply for newly reconfigured jobs in that division. This sounds like a good way to get rid of deadweight and lower our payroll. Are there any legal problems with this? Will those who don’t reapply still be eligible for unemployment compensation?

How long should we keep applications?

07/20/2012
Q. We are swamped with applications, most from people who don’t meet our basic requirements. We typically toss out applications that clearly aren’t from qualified applicants. Should we keep copies?

Must we give FMLA leave to caretaker uncle?

07/16/2012
Q. One of our employees has apparently taken in his sis­­ter’s young child because his sister is undergoing cancer treatment. He wants to take FMLA leave to help the child adjust. Must we provide the leave?

Can volunteerism be part of job review criteria?

07/10/2012
Q. Our evaluation process includes commitment to the community. We give all employees “points” for volunteering. The points become part of their numerical rating and could affect their rating (satisfactory or unsatisfactory) and raise potential. We don’t pay for volunteering time. Are we violating the law?

How should we pay for fluctuating workweek?

06/28/2012
Q. Our employees work irregular schedules. They may work for two weeks and then be off for three. Can we pay them every two weeks based on their average yearly income and, if they work more, pay them at an hourly rate?

What are the perils of inconsistent comp time?

06/28/2012
Q. Our employee manual doesn’t address compen­satory time off, but we have offered certain exempt managers an hour of comp time for every hour of overtime worked. Do we have to pay them for accrued comp time when we terminate them? In the past, we’ve paid comp time to some, but not to ­others. Can we negotiate our own terms with each employee?

Can we ban breastfeeding at work?

06/28/2012
Q. Can we legally prohibit female workers from breastfeeding at work?

Can we give comp time instead of overtime pay?

06/20/2012
Q. Things are still tight, but our company is picking up. We’d like to have our employees work extra hours in exchange for extra time off when we finally can hire more staff. Can we do this?

How can we legally cut all salaries by 10%?

06/14/2012
Q. We need to cut our payroll costs. Is there any reason we can’t cut everyone by 10%? All our employees are at-will.