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Susan Lessack

How should we pay if our time clock breaks?

07/26/2011
Q. Because of a time-clock malfunction, we couldn’t determine how much pay we owed some employees. What is our obligation to pay employees if we can’t calculate the exact number of hours worked? Is there any penalty for the delayed payment?

How can we recoup money we overpaid worker?

06/23/2011
Q. We pay most of our employees’ wages and salaries via direct deposit. Last week, two checks for the same pay period were deposited into an employee’s account. Can we legally have the bank withdraw the extra funds from the employee’s account?

Do we have to pay for nonexempt’s travel time for one-day out-of-town trips?

06/23/2011
Q. One of our executives will be making day trips once a week to Boston from Philadelphia for a special assignment. Do we have to compensate the secretary (she is nonexempt) for her travel time to and from Boston?

When hiring, what shouldn’t we ask?

06/23/2011
Q. Are there any questions we cannot or should not ask a reference when screening applicants?

Intoxicated and driving during working hours: How should our policy address this problem?

06/23/2011
Q. When an employee was recently injured on the job, a co-worker drove him to the hospital. On the way back to work, they were in a car accident and both employees tested positive for illegal substances. What should we consider when developing a policy to prevent this kind of thing from occurring in the future?

Must we comply with subpoena for worker’s file?

06/23/2011
Q. We recently received a subpoena to produce the contents of an employee’s personnel file in connection with a federal lawsuit. The employee is a party to the lawsuit, but the company is not. Do we have to comply with the subpoena? Should we tell the employee about the subpoena?

Check your hiring practices! EEOC takes aim at systemic bias

06/23/2011
As its workload has increased, the EEOC has sought greater funding so it can pursue cases in which employer hiring practices discriminate broadly against members of protected classes. Those practices include using criminal background checks and credit-history checks to screen applicants.

Is it OK for supervisors and employees to use different methods for recording work hours?

05/27/2011
Q. Our nonsupervisory, hourly employees punch in using a time clock. Our supervisors write timecards. Is this dual method acceptable or could it lead to legal trouble?

Where there’s smoke … can you fire (or refuse to hire)?

05/09/2011
Many employers are deciding not to hire smokers, screen new hires for nicotine as a condition for employment, impose higher health-benefit premiums for smokers and try to help smokers quit. While employers are free to ban smoking in their workplaces, taking action based on what employees do on their own time outside of work is much more controversial and raises a host of legal issues.

Is it legal to offer comp time?

04/28/2011
Q. Some of our full-time, salaried employees have to put in a lot of extra time for off-hours meetings and additional workload responsibilities. Is it legal to give these employees extra time off from work?