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Q&A

Can we forbid employees from sharing how much of a bonus they received?

01/13/2009

Q. My company asks employees who receive raises or discretionary bonuses not to discuss them with other employees. An employee recently took issue with this request and told me the company’s practice is illegal. Is that true?

Are employees obligated to keep wages and salaries confidential?

01/12/2009

Q. Can an employer prohibit employees from sharing confidential wage information with each other, such as rates of pay or the amount of wage increases?

Workers’ comp for unpaid interns?

01/09/2009

Q. A local college has asked our company to allow a student to work at one of our plants for credit this summer. The student would not be paid, which sounds like a great deal for the company. However, we are concerned about what would happen if the student were injured while interning. Would we be liable?

Where should we hold our upcoming collective-bargaining sessions?

01/09/2009

Q. Our company is heading into union contract negotiations early this year, and I have been asked to organize the bargaining sessions. I know in the past we have bargained at a local hotel, but we always get stuck with the bill. Does the company have to pay for hotel conference rooms and the refreshments? This cost adds up over a period of weeks. What are the realistic options?

What are the new rules on observation of DOT-mandated drug and alcohol tests?

01/09/2009

Q. Is it true that someone now has to watch my employees give urine specimens as part of DOT drug and alcohol testing?

Termination and the right to see records

01/09/2009

Q. In New York, does a terminated employee have the right to see his personnel file or other documents?

Are there limits on the kind of political activity employees can engage in?

01/09/2009

Q. In New York, can an employee be prohibited from engaging in political activity?

Must we pay for short smoking breaks?

01/09/2009

Q. Would a brief clock-out (initiated by the employee) of less than 20 minutes, such as an impromptu smoking break or personal phone call break, need to be paid as work time?

Do we have to pay health insurance opt-out bonus during FMLA leave?

01/09/2009

Q. Our company offers a health insurance opt-out incentive, paying employees $400 a month if they use their spouses’ insurance plans. We now have an employee going out on FMLA maternity leave. Do we have to keep paying her $400 per month?

Can we deduct personal leave for exempt worker’s partial-day absence?

01/09/2009

Q. Some of our supervisors make their exempt employees take personal or sick leave for every minute they miss from work, even if they work a regular schedule the rest of the week. Can we safely do that?