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Q&A

Employee’s out of FMLA: What options are left?

06/16/2014
Q. An employee has been out on leave and has now run out of FMLA leave. It’s unclear when she will return. Can we terminate her employment?

Is it possible to apply FMLA retroactively?

06/16/2014
Q. We have 75 employees at our one facility. An employee recently took two months off for a serious operation. We did not classify this as FMLA leave, but now we think we should have. What can we do?

Should we be paying for the trip from our home office to the work site?

06/16/2014
Q. One of our work crews needs to drive to a single work site during the day. One employee drives a truck and trailer with tools and equipment from our main facility. We would like to allow other employees to save gas by riding in the company’s truck. Do we need to pay employees for this commute time?

In a layoff, must we provide severance pay?

05/28/2014
Q. Our company is going to lay off several employees. Are we required to provide severance pay to those employees? If we provide severance pay, can we demand that employees sign a severance agreement stating that they will not sue the company?

Are we allowed to require employees to receive their wages through paycards?

05/23/2014
Q. Our company wants to start using paycards instead of issuing paychecks to employees who do not use direct deposit. Is it legal to use payroll cards in California?

What do we need to know before implementing a mandatory dress code?

05/23/2014
Q. Are we free to institute any mandatory dress code that we’d like?

What should we include in the ‘mandatory wage statements’ we must give new hires?

05/23/2014
Q. We are hiring a new employee and I understand that I have to give her a “Mandatory Wage Notice.” What information do I need to include on the notice?

Can we fire employees who collaborated on writing letter complaining about pay cuts?

05/22/2014
Q. We recently notified employees that we will be cutting pay due to difficult economic times. Then we received an anonymous letter expressing concerns about this decision. It suggested alternatives to pay cuts, such as eliminating our employer 401(k) match. We determined that the letter was written by one employee and edited by another. Can we terminate them?

Can we mandate direct deposit?

05/22/2014
Q. We require all employees to provide us with bank account information so we can direct-deposit their pay. One of our employees has refused and has told us that she is not required accept electronic deposits of her pay. Is the employee correct?

Is the government moving to address restrictions on employee discussion of wages?

05/01/2014
Q. We heard that the president recently took action on whether employees are permitted to discuss compensation. Are there any new requirements on employers with regard to these kinds of conversations?