• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR LAW Weekly
  • The HR Weekly

Q&A

If employees are absent the day before or after a holiday, can we withhold their pay?

11/26/2014
Q. Our employee handbook states that if employees are sick before and after a holiday and they do not get a doctor’s note, they will not get paid for those missed days. Is this legal?

If an employee wants to earn less, not more, what could possibly be the legal risk?

11/19/2014
Q. Can we pay an employee minimum wage for a position that usually pays more? We have an applicant who doesn’t want to lose her pension benefits and can work for minimum wage yet still qualify to receive her pension. Should we have her make that request in writing?

Before discipline, what should we document?

11/14/2014
Q. What documentation is necessary before disciplining an employee?

Should we automatically make payroll deductions for employees’ lunch breaks?

11/14/2014
Q. Our payroll system automatically deducts 30 minutes per day from drivers for lunch since they are on the road and away from a computer. I have concerns about liability. Should we make this deduction?

What religious accommodations must I provide?

11/03/2014
Q. I have more than 100 employees, and they belong to many different religious faiths. Many of them devoutly adhere to daily rituals they hold sacred. What accommodations, if any, must I provide for their religious practices?

Is it OK to substitute paid leave for FMLA leave?

11/03/2014
Q. May an employee substitute paid leave for unpaid FMLA leave?

How far do we have to go to provide work when an employee returns from FMLA leave?

11/03/2014
Q. I am the owner of a security services company. One of my rank-and-file employees is currently on leave from work under the FMLA. Due to an economic downturn, I have been forced to reduce the number of shifts available to my employees. If there is no longer a shift available for this employee when he returns from FMLA leave, am I be required to find or create a shift for him?

How should we pay for weekend travel time?

10/31/2014
Q. How do you pay hourly employees who are traveling on a day that’s not considered a workday, like Saturday or Sunday? What if they normally have a 10-minute commute to the office but instead they have to go to the airport, which is an hour away?

Trust assistant to maintain confidentiality?

10/31/2014
Q. I’m the HR director of a 45-employee company and have one assistant. Due to the firm’s growth, I’m considering giving my assistant more responsibility. My concern: The assistant is very friendly with about 10 other employees, two of whom are her roommates. What’s to stop her from divulging information to her friends? I have said nothing to her about my concerns yet. What can I express to her without overstepping her legal rights?

What kind of employee files do we need?

10/31/2014
Q. How many files should be kept for each employee and what paperwork must be included in each?