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Q&A

Should we limit political talk at work?

07/18/2008

Q. With the upcoming presidential election, our employees have spent more time talking politics and debating candidates and their positions. Do we have an obligation to limit or prevent such conversations in the workplace? …

Can the DOL contact our former employees?

07/17/2008
Q. We’re in the middle of a U.S. Department of Labor audit. Investigators are looking at payroll records for the past two years. Now they want the names, addresses, phone numbers and positions of all employees who left within the past two years. Do they have the right to this information? Can they go back two years? — D.G., Rhode Island …

Must we offer EAP services to those on COBRA?

07/17/2008
Q. Currently, we offer our employee assistance program (EAP) to those who elect COBRA coverage. But are we required by law to offer the EAP to COBRA participants? This is the first time I’ve seen a company offer an EAP through  COBRA. Participants pay $3.08 plus a 2% administrative fee if they elect. — T.A., Maryland …

Compressed workweeks: How to handle holidays

07/17/2008
Q. A handful of our employees work four 10-hour days and get Fridays off. The rest work a regular week (five eight-hour days). If a holiday falls on a Friday, should the employees who work the 10-hour days also get Thursday off since they are always off on Fridays? — C.J., Nevada …

Post-childbirth FMLA leave: Taken in two parts?

07/17/2008

Q. One of our employees recently immigrated to the United States. She is pregnant and told us she plans to take eight weeks’ FMLA leave immediately after the child is born. A few months later, she’d like to return to her home country to visit family for a month. In other words, she wants to split her FMLA leave into an eight-week period and a four-week period. Can FMLA leave for a new child be split up in this fashion?

Using subcontractors during a strike

07/11/2008
Q. We are putting together a strike contingency plan. One option we have considered is subcontracting out certain jobs for the duration of a strike. Are we obligated to bargain with the union over subcontracting during a strike? Do we have to raise this issue with the union before the union goes out on strike? …

How far can MDCR investigation go?

07/11/2008
Q. Our company is responding to a charge filed with the Michigan Department of Civil Rights (MDCR). The allegation relates to management’s treatment of one employee. However, during the investigation, the MDCR  asked us to produce various unrelated records—for example, promotion records. The charging party has made no claim that he was discriminated against with respect to any promotion. He has never even sought a promotion. How should we respond to this request? …

Back pain and workers’ compensation

07/11/2008
Q. We have an employee who has a “bad back.” We have medical reports indicating he has a congenital back problem that frequently causes severe pain. Although he has a light-duty job, he frequently misses work because of his back pain and often seeks workers’ compensation benefits during his absences. Are we always going to be liable for workers’ compensation benefits when his back prevents him from working? …

Applications and date of birth

07/11/2008
Q. We use a standardized employment application form. One of the questions on the form asks for the applicant’s date of birth. We have been told that it is illegal to ask for this information, as it might lead to age discrimination. Is this true? …

Is there a Minnesota equivalent of the federal WARN Act?

07/08/2008
Q. We are closing one of our offices in Minnesota. The number of employees affected is not sufficient to trigger any notice obligations under the federal WARN Act. Does Minnesota have a state statute that would require us to give the employees advance notice of the restructuring? …