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Q&A

Don’t Withhold Pay as Punishment

02/01/2002

Q. When an employee fails to clock in or out properly, our payroll department withholds that day’s pay until the next pay period as a form of employee discipline. My understanding is that an employer can’t hold back portions of pay as punishment. Am I right? —J.A., Georgia

Accept Worker’s Choice of I-9 Documents

02/01/2002

Q. Is it true that under a recently passed law, our company no longer can request copies of picture I.D. and Social Security cards? —A.G., Texas

Don’t be tempted by corporate ministry services

02/01/2002

Q. Since Sept. 11 and due to the economic doldrums, some of our employees have not been the same emotionally. We’ve tried to be patient and understanding, but they seem to need something else. We’ve heard that some companies are contracting with corporate ministry services. Is this practice legal or advisable? —S.S., Virginia

Personnel files: What to keep, and where

02/01/2002

Q. What should we keep in personnel files? —G.T., Missouri

How to pay employees for fluctuating workweeks

02/01/2002

Q. Our workers have irregular schedules. They may work for two weeks and then be off for three. They typically earn $60,000 to $70,000. Can we pay them every two weeks based on their average yearly income and, if they work more, pay them at an hourly rate? —D.D., Louisiana

Bar workers from driving company car after drinking

01/01/2002

Q. We recently learned that an employee who drives a company vehicle is stopping on the way home for a few drinks. How should we handle this employee? Should we notify all employees that if they use drugs or alcohol in the workplace or while driving a company vehicle, they will be terminated? —R.O., California

‘Gross Misconduct’ Cancels COBRA Coverage

01/01/2002

Q. Do I have to provide a COBRA notice for an employee who is terminated for a positive drug test shortly after starting work? —D.W., Colorado

Ask about right to work, not immigration status

01/01/2002

Q. Is it OK to ask an applicant about her immigration status before making an offer of employment? —A.R., New York

Blue Mondays? Thwart Attempt at 3-Day Weekends

01/01/2002

Q. How can we handle an employee who routinely uses vacation and sick time on Mondays? —D.M., Ohio

When threats loom, follow officials’ advice

12/01/2001

Q. In light of the recent anthrax attacks, we are concerned about the potential health risks to our employees from handling incoming mail—and the potential legal risks to us. What should we be doing to protect them and ourselves? —V.B., Ohio