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Ask the Attorney Archives

What are the pay-docking rules for partial workdays and workweeks?

05/13/2013

Q: When an employee performs no work in a full day, the Fair Labor Standards Act says they can be docked. But if they work at all during a workweek, the whole week is compensable. So, when would the whole-day docking actually apply? Also, I have read that hour-by-hour PTO docking along with payment of full-day wages is legal as long as the company policy states this practice will happen and uses “by the hour” to describe PTO deductions. Is this true? – Lisa, Texas

Company car, but spouse behind the wheel: Can we pay mileage, and who’s liable in an accident?

05/13/2013

Q: We are currently paying an employee for mileage between clients, but the employee does not have a driver’s license and her husband drives her to each of her clients. Two questions: (1) Can we legally pay her for mileage if she does not drive? (2) What is our liability if her husband has an accident with her in the car while transporting her to another client? – Laura, Illinois

How do we proceed in terminating an employee on FMLA leave?

05/13/2013

Q: We have a full-time employee who started short-term disability in October and then went on long-term disability in December. How long do we have to keep her on our payroll as an employee? When she started her short-term disability she was not eligible for FMLA, as she had exhausted it prior to that time. Are there any steps we have to take prior to legally terminating her? – Mona, Ohio

Can we assume a propensity for violence based on an applicant’s past transgression?

05/13/2013

Q: If an applicant had a conviction for a misdemeanor assault case that occurred 16 years ago when the applicant was 19 years old, is there any chance this indicates a propensity towards violence if he/she has never had any other criminal charges or convictions or incidences of violence in any work environment? – Brian, Connecticut

When is it too soon to conduct a background check?

05/06/2013

Q: When should we be doing our background checks? Before an offer is made, after offer is made and before employment or after employment has begun? We generally do it after we make an offer and before employment starts. – Elizabeth, Illinois

Can FMLA leave be applied retroactively?

05/06/2013

Q: Can a department manager choose not to put someone on intermittent Family and Medical leave, but then choose to implement FMLA after the fact and make it begin back when the original event occurred? – Cynthia, Maine

How much can a manager ask about a health diagnosis?

05/06/2013

Q: Is it a HIPAA (Health Insurance Portability and Accessibility Act) violation for your employer to ask for your diagnosis on your excused absence letter from your physician? – Jan, Texas

Does an applicant need more than an ITIN to work for us?

05/06/2013

Q: Do the individual taxpayer identification numbers (ITIN) issued by the Department of the Treasury authorize an alien to work without any other documentation, such as an employment authorization? – Gail, New Jersey

E-Verify: Does its use merit a mention in our handbook?

05/06/2013

Q: Should the fact that we use E-Verify (we are federal contractors) to confirm an individual’s eligibility to work in the United States be included in our handbook by law?  – Elizabeth, Illinois

Discipline for ‘forgetful’ clock-punchers: What are the limits?

04/29/2013

Q: I have employees who routinely fail to punch in on the time clock. We then have to manually put their time in to the software. It seems to be happening with the employees who are late for work; they “forget” to punch in and then tell us to punch them in at the time they were scheduled. What can I legally do when they “forget” to punch in and then want to be punched in for a time that I know they weren’t here? I obviously can’t sit at the time clock and watch when everyone gets here.  — Aubri, Michigan