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Q&A

What’s our liability when a supervisor strikes an employee?

12/04/2008

Q. We recently had an incident in which a supervisor hit an employee. Are we liable? What kind of violence is a company responsible for preventing?

Do we need posters at every work site?

12/04/2008

Q. Must a company post mandatory notices at every work site? What are the penalties for failing to put up the mandatory posters?

If an employee’s loved one dies, can he use FMLA leave to settle estate affairs?

12/04/2008

Q. One of our employees has been out on FMLA leave for seven weeks taking care of his sick mother in another state. We approved a full 12 weeks of leave. I received a voice mail from him saying that his mother died. He also said that he had to clear up a lot of things with his mother’s estate, but that he would be back by the end of his scheduled leave. Can he do that, or can I tell him he needs to come back sooner?

Could we get in trouble? Brief posting led to job for applicant with inside info

12/04/2008

Q. My company posted an internal job position for 24 hours and only one person applied. She got the job. This person knew about the position and the posting because she works in HR. Is this legal to do in the state of Texas?

How can we make the season bright—without exposing ourselves to legal liability?

11/25/2008

Q. Our employees have proposed that the company sponsor a holiday party at a local restaurant. Although we want our employees to have a good time, aren’t we exposing ourselves to potential liability?

What should we do? An employee says one of our clients harassed her

11/25/2008

Q. An employee recently complained that one of our clients sexually harassed her. May we be held liable for the client’s action?

What’s the new California law concerning wages for computer professionals?

11/25/2008

Q. We employ a number of computer programmers at our Northern California facility. Is there a new law regarding compensation for these exempt employees?

Must we pay for hours lost due to power failure?

11/21/2008

Q. We recently had a power outage and called employees who weren’t in yet to tell them to come in when the power was back up. We then gave these people a chance to make up the lost time by working late or using paid time off. Do we have to pay them for the hours they missed?

Can we make employees use sick leave for FMLA?

11/21/2008

Q. Our employees earn paid sick and vacation leave. Can we require them to use their paid leave at the same time they take unpaid FMLA leave? Otherwise, it seems as if they could use up paid leave and still take 12 unpaid weeks off.

How to merge workers’ comp and FMLA

11/21/2008

Q. One of our employees was injured on the job. She went to the hospital the same night, had surgery and was out of work for eight days. Can we apply FMLA leave or sick leave to that time, even if she ends up being paid through workers’ comp?