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Ask the Attorney Archives

Employee gets a ticket with the company car: Who pays?

03/04/2013

Q: We purchased company cars for the use of our employees. If our employee gets a traffic violation ticket, are we responsible in paying the fine? Or can we hold the employee liable for this? We don’t have a company policy on this. I was wondering if there are any sample policies that will address employee use of company vehicles and responsible parties identified for the settlement of traffic violations.  —Madelene, California

How far must we go to investigate worker’s claim of targeted vandalism?

02/25/2013

Q: An employee claims someone stuck a screwdriver in her tire on building property, and she suspects it was the act of co-worker(s) who don’t ‘like’ her. She knows there is no proof and won’t accuse anyone directly, but this has happened three times. We told her that she needs to call the police if it happens again, as the building is not responsible. We also gave her permitted parking for 30 days at company expense. I doubt co-workers would vandalize her car. Is there any more I should do? – Gay, Texas

Meal breaks: What do we need to offer?

02/25/2013
Q: Does the law require an hourly employee to take at least a half hour lunch? – Mary, Nebraska

What are the guidelines for keeping I-9s ready for inspection?

02/25/2013

Q: We are headquartered in Oklahoma. We have an office in another state that does its own hiring, firing, staffing, etc. Must I maintain a set (copy) of I-9s at headquarters if that office has its own? – Holly, Oklahoma

Does bankruptcy give an employer a Get-Out-of-Paying-Wages-Free card?

02/19/2013
Q: Can an employer who has filed for bankruptcy refuse to pay its employees for the work they’ve performed and blame the bankruptcy court for not allowing them to? – Sabrina, Texas

Must we keep employee contact information under lock and key?

02/19/2013
Q: Do employers have the right to keep employees’ address and phone numbers in a place where all employees can access them? Are there any privacy issues? Should they get employees’ permission? – Mike, New Jersey

Can we seamlessly apply different workweek structures to different states?

02/19/2013

Q: We have registered with California to use an alternate workweek. We’ve signed up new employees using both a 4/10 and a 3/36. We are now starting a contract in Florida. Does the alternate workweek authorization for California work in Florida? Can I use the alternate workweek in both states if the duration is at least one week of work?  – Lisa, California

Can a green light be given to a DREAM Act applicant?

01/28/2013
Q: Is it legal to hire a DREAM Act applicant? He does not have a social security number. – Ellen, Texas

If the error rate gets too high, can we dock workers’ pay?

01/28/2013
Q: We have a few employees whose job is to audit various items, updating the data when information is incorrect. Sometimes we have to re-audit the audit. In Florida, is it legal to dock the pay of these hourly employees if the provided data contains errors? Secondly, we have a 1099 contractor who performs a similar task. I assume there needs to be language in our scope of work terms about quality issues before any penalties can be enforced. Am I right? – Anonymous, Florida

Where do I turn for an education in employee benefits?

01/28/2013
Q: I would like to learn about benefits, as this is not a strong area for me even though I have been in HR for almost six years. What is the best way to learn the laws that govern employee benefits? – Kiran, Nevada