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Q&A

Is it legal for employees to secretly record their performance evaluation meetings?

08/26/2011
Q. One of our employees secretly used his iPhone to make an audio recording of his review meeting. Is that legal?

How far must we go to deliver a final paycheck to a former employee?

08/23/2011
Q. Over the past six months, we have made several attempts to mail a former employee her last paycheck by certified mail. We believe we have the correct address because we mailed her other items by regular mail during this period and none has been returned. What legal obligations do we have, if any, to get this check to her?

What is Philadelphia’s law on requesting info on applicants’ criminal records?

08/23/2011
Q. Our company has an office in Philadelphia. Can we ask about an applicant’s criminal and arrest record when recruiting employees to work there?

When terminating a veteran, can we ask her to sign a waiver of employment claims?

08/23/2011
Q. Can we rely on a release of all employment claims when terminating a military service member or veteran?

Can we require grooming standards without being guilty of religious bias?

08/18/2011
Q. Our company requires male employees to keep their hair short. However, a recent applicant has stated that his religion does not allow him to cut his hair. Will requiring him to cut his hair to get the job violate federal law?

Can we make a deaf employee and his boss learn sign language?

08/18/2011
Q. Our company recently hired a deaf employee who communicates exclusively by written notes. We are finding that this process is time consuming and adversely affects productivity. May we require that both the deaf worker and his supervisor learn sign language and terminate their employment if they refuse?

Must we pay instructor for time between classes?

08/18/2011
Q. We operate a fitness club and employ many fitness class instructors. They have time between classes that ranges from 15 minutes to several hours. They are free to spend that time anyway they want, on or off premises. Do we have to pay them for the time between classes?

What are the details on the new, proposed NLRB union election rules?

08/11/2011
Q. We are a union shop. We’ve heard the NLRB has new rules about unions. What do they involve and what do they require us to do?

How should we respond to a ‘no-match’ letter?

08/10/2011
In April 2011, the Social Security Administration resumed the practice of sending no-match letters, which notify an employer of a discrepancy between information they reported on an employee’s W-2 form and information in the SSA’s database. The DOJ’s Office of Special Counsel for Immigration-Related Unfair Employment Practices recently issued the following “do’s and don’ts” regarding no-match letters:

What do we need to do to hire an H-1B immigrant currently working for another employer?

08/10/2011
Q. We are interested in hiring someone who is currently working for another company in H-1B status. Do we have to file a new H-1B application before this person can work for our company? If so, how long do we have to wait until he can start work?