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Susan Lessack

What should we consider as we implement a community service evaluation measure?

09/23/2009

Q. Our CEO just implemented a new employee evaluation goal that calls for employees to do charitable volunteer work throughout the year. The more they volunteer, the higher the points they receive on their review, ultimately increasing their salaries. Can we do this without risk?

What should we do? Employee has used all her sick leave, but she’s still sick

09/23/2009

Q. One of our employees is out sick and has already used up all her sick leave hours. Can we legally subtract from her vacation time instead?

Can we require psychological counseling?

09/23/2009

Q. Can we require an employee to receive psychological counseling or treatment if his behavior has become a hindrance to his job performance?

Must we pay employees to change their clothes?

09/23/2009

Q. Do we have to pay employees for the time they spend changing into their uniforms before work and out of their uniforms afterward? We’re a hospital and our operating-room personnel must change clothes.

Should we send FMLA forms to employees who are ineligible for FMLA leave?

08/26/2009

Q. An employee who’s been employed since May is out on workers’ comp and will be for a while. Do I send her FMLA paperwork even though she hasn’t met the criteria of being employed for at least a year? It’s my understanding that I should send it to everyone who requests leave, and only after they return the paperwork should I determine if the person is, in fact, eligible.

Can we mandate EAP counseling when employee views porn at work?

08/26/2009

Q. Our Internet policy says that if we find employees accessing pornographic web sites, they’ll receive a three-day suspension without pay and a mandatory referral to an EAP counselor. Can we require this?

Can we recoup training costs by withholding pay from an employee’s last paycheck?

08/26/2009

Q. We’ve started requiring employees to repay (through payroll deduction) training costs if they quit or are fired within one year. Are we OK legally?

Are drug testing programs constitutional?

08/26/2009

Q. An employee says our drug testing program violates his constitutional rights. What can I tell him to prove that we’re well within the law?

How do we compensate for out-of-town seminar?

08/26/2009

Q. How should we compensate an hourly employee for an out-of-town, two-day (9 a.m. to 5 p.m.) seminar? In particular, should we pay for the hours during the overnight hotel stay, since the employee must sleep there to be ready for the next day’s session?

Hacked! Limiting employer liability for breaches of employee data

07/24/2009

Imagine this nightmare scenario: You’ve contracted with a vendor to enter personnel data into a new computer system, including employees’ Social Security numbers, addresses, names of dependents, health records and bank account routing numbers. Then the vendor notifies you that employee data was somehow stolen or lost. What do you do?