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Q&A

Paying for holiday work can endanger exempt status

05/01/2001

Q. Our company policy says employees who work on holidays are paid time-and-a-half. If an exempt employee works on a holiday, can I pay him time-and-a-half? —R.E., Iowa

Steer Clear of Asking About Religion

04/01/2001

Q. When, if ever, can our company legally ask an applicant about his or her religious affiliation? —R.M., Illinois

Tell State and Community When Big Layoffs Are Coming

04/01/2001

Q. Our company has been unable to secure financing and will run out of cash in the next four to six months. We may have to shut down and lay off all 200 workers. At what point do we have to notify employees of the possible closing? —R.Y., Maryland

State Family Leave Law May Ban Moonlighting

04/01/2001

Q. We recently learned that an employee on FMLA leave is working for another company. Can we fire her? —D.G., Arizona

Affirm At-Will Status

04/01/2001

Q. Should our employee handbook include a statement that gives us the right to terminate employees “at-will?” Our headquarters is in New Jersey with another office in Connecticut. —J.W., New Jersey

Keep job open for worker called to jury duty

03/01/2001

Q. We are a small company and can’t afford to have an employee on extended leave. Can we legally terminate an employee who is called to jury duty and assigned to a lengthy trial? —J.W., New Jersey

Sales staff may be exempt from minimum wage

03/01/2001

Q. We are planning to change the pay of one employee from straight salary to a lower salary plus commission. How can we do this without violating wage law? —G.T., South Dakota

Treat unauthorized overtime as discipline issue

03/01/2001

Q. We verbally warned an employee not to work overtime. Recently, he claimed to have worked 56 hours straight, eating and sleeping only on regular break times. The timecards say he was here, but we don’t have any night staff, so we can’t verify if he was actually at work. Is there anything we can do? —S.T., Michigan

Commission must be paid at same time as wages

03/01/2001

Q. We have a written employment contract with a worker that includes her salary, but an additional sheet attached to that outlines the commission structure. If the employee resigns with a month’s notice, what is our obligation to pay approximately $10,500 in earned commissions? —P. D., Pennsylvania

State Law Varies on When Clock Tolls for Overtime

02/01/2001

Q. What’s the definition of a standard workweek? One of our employees claims that overtime is defined as anything over eight hours per workday. Is he correct? —P.F., Minnesota