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Employment Law

Are we required to verify ex-employee’s info?

07/27/2011
Q. Sometimes, we get calls from government agencies or collection agencies seeking employment verification. Do we have to provide the information?

Should we log independent contractors’ hours?

07/26/2011
Q. Does asking independent contractors to complete a time sheet jeopardize their contractor status?

Do we have to tolerate moonlighting by employee who is out on FMLA leave?

07/26/2011
Q. We recently learned that an employee on FMLA leave is working for another company. Can we fire him?

What should we do? Employee almost divulged insider-trading information on Facebook

07/26/2011
Q. We recently learned that one of our employees posted comments on a friend’s Facebook page, coming to our company’s defense over a recent drop in stock price. The employee came dangerously close to disclosing information about earnings that were not yet public. What can and should we do?

Must we pay for pre-shift talk?

07/26/2011
Q. Last week, we asked a nonexempt employee to come in 30 minutes before her regular start time to talk to her about a complaint that had come to our attention. Do we have to pay her for the time spent in discussions with management?

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 to prevent workplace violence–and manage legal liability

07/26/2011
According to the latest numbers from the U.S. Bureau of Labor Statistics, 12% of assailants in fatal workplace shootings are co-workers or former co-workers. Sadly, violence can strike any workplace. That’s why it’s so important to be able to recognize the signs of potential trouble and have protocols in place to prevent a poten­tially tragic situation. That’s often easier said than done.

Worker lied about treatment? That’s grounds for termination

07/26/2011

Some employees are less than honest about their absences. From the “Monday morning flu” to claiming time off for nonexistent medical treatment, employees can get creative. But what can you do if you find out later that an employee has lied to get time off? Fire him for misrepresentation.

Requesting light duty isn’t an official FMLA request

07/26/2011
The FMLA grants time off for em­­ployees with serious health conditions, but they must let employers know they need leave. Simply requesting light-duty work isn’t enough.

Supreme Court sides with Walmart in massive class-action case

07/26/2011
In a 5-4 ruling, the U.S. Supreme Court in June rejected class-action status for an estimated 1.5 million female employees who brought gender-discrimination claims against Walmart, the country’s largest private employer. The issue before the High Court wasn’t whether Walmart discriminates against women, but whether the 1.5 million-member class was legitimate.