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Q&A

FMLA policy: How do I draft it if few are eligible?

07/13/2011
Q. Our company has 250 employees in eight states, but we have FMLA eligible employees in only one state. As I rewrite our employee handbook, I will include the mandatory FMLA language. However, I would like some input on what type of policy, if any, to include for non-FMLA eligible employees.

Can we give paid time off as a bonus to some?

07/11/2011
Q. One of the owners suggested that paid time off for employees should not be a set benefit, but a bonus. Can we just award paid time off as a bonus to some employees and not to others?

Can we ban personal cell phones at work?

07/04/2011
Q. Almost all our employees carry personal cell phones and seem to be calling or texting during work hours. Can we require them to put their phones in their lockers at the beginning of their shifts?

What are the rules on unpaid interns?

06/30/2011
Q. We have received résumés from many college students looking for unpaid positions this fall. Would we need to pay these interns?

Is there any new guidance on how to handle employment eligibility verification?

06/30/2011
Q. Our company needs guidance on keeping up with our obligations with regard to employment eligibility. What resources are available?

Does our I-9 software comply with the law?

06/30/2011
Q. We use an electronic I-9 software system that was developed in-house. How can we ensure it complies with federal law?

How does New Jersey law protect whistle-blowers?

06/28/2011
Q. What are our obligations to inform employees of their rights against retaliation if they report wrongdoing at work?

Can we consider only currently working candidates?

06/28/2011
Q. What restrictions exist on advertising for job vacancies? We are flooded with applications and have considered limiting applications to the currently employed. We worry the unemployed have rusty skills. Can we say we won’t consider hiring unemployed people?

How can we recoup money we overpaid worker?

06/23/2011
Q. We pay most of our employees’ wages and salaries via direct deposit. Last week, two checks for the same pay period were deposited into an employee’s account. Can we legally have the bank withdraw the extra funds from the employee’s account?

Do we have to pay for nonexempt’s travel time for one-day out-of-town trips?

06/23/2011
Q. One of our executives will be making day trips once a week to Boston from Philadelphia for a special assignment. Do we have to compensate the secretary (she is nonexempt) for her travel time to and from Boston?