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Ask the Attorney Archives

Should our handbook address policies specific to other states?

06/13/2011
Q. We are a California employer, but have a couple of employees that reside in other states and work remotely. All of our clients are based in California. Should our employee handbook address any policies specific to the other states our employees reside in, in addition to California-specific policies? – Karen, California

Can we discipline employee who posted rude photo on Facebook?

06/07/2011
Q. An employee complained to management that she saw an offensive Facebook post by one of her co-workers. The post was about another employee. The post was a picture of a monkey and the caption read “my co-worker.” Next to it was a picture of the co-worker in her company uniform and the caption read, “Now here she is without hair.” Being that he posted a picture of her in a shirt with our company logo on it, is there anything we can do to discipline him? Can we at least question him and ask him to remove it since she is in uniform? – Stacey, New York

How do I undo a garnishment for back taxes?

06/07/2011

Q. I received a notice from the IRS about one of my employees who owes back taxes. It said the taxes were to be garnished from her paycheck. I forwarded the form to our payroll company, which started the deduction. I informed the employee, who then called the IRS and now has a Release of Levy form. Is it too late to stop the payroll deduction at this time? Did I do this correctly? Was there anything I should have done differently? Thank you. – Kim, Maryland

Is employee out on workers’ comp eligible for benefits?

06/07/2011
Q. We have an employee that went out on workers’ comp last month. His return date is not known. He has no company paid leave. He would have been eligible for group insurance benefits next month. What obligation do we have to this employee as far as benefit enrollment? – Dee, Oklahoma

Can we require worker to get an eye exam?

06/03/2011
Q. We have seasonal employees currently on layoff. One of these employees has been with us on a seasonal basis for 25 years. His health and eye sight are a concern to us as far as safety for himself and others. Can we legally require a medical exam? And how will this work with ADA accommodations? What if he is required to wear glasses and he is found not wearing them? Are there any other issues I need to consider in the re-hiring of this employee? Seasonal positions at the company are never guaranteed a call back. – Peggy, Idaho

Can we require workers to take an unpaid lunch break?

05/31/2011
Q.  We have several employees who work in the field at different locations. At the start of the day, they clock in at the office and then clock out when they come back at the end of the day. We’ve noticed a trend in employees writing in “no lunch” on their timecards. That’s resulted in a huge increase in our OT wages. What’s more, the supervisors are approving the OT without verifying whether the employees are actually working through lunch. I realize that under FLSA we have to pay them, but going forward can we MAKE employees take their lunch break? – Chelsea, North Carolina

Employee returns from FMLA leave as part-timer: Can we recoup health premiums?

05/31/2011
Q. If an employee returns from FMLA leave as a part-time employee (he was full-time before the leave), can we seek repayment of the health care premiums we paid for the employee while he was on leave? – Cindy, Kentucky

Can we make no-show worker use sick time?

05/31/2011
Q. For an exempt employee, can we require the person to use sick time or personal time if they call in and do not report to work on a scheduled day? For instance, can we use sick time to cover the shift? – Josh, New York

Can we terminate a worker after her workers’ comp & FMLA expire?

05/23/2011
Q. One of our employees is out on a workers’ compensation injury and FMLA leave is running concurrently. When the FMLA runs out, is the employee’s job still protected under the workers’ comp claim? How long must we keep her employed if she is not medically able to return to work? – Margaret, California

Can we remove pregnant employee from a dangerous job?

05/23/2011

Q. Our company specializes in cancer treatments and our nurses must handle hazarous materials for chemotherapy. We have a RN who is pregnant. Can we offer her a different position at different pay while she is pregnant and breastfeeding? – Jocelyn, Florida