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Ask the Attorney Archives

Can we pay employees once a month in Virginia?

09/27/2010
Q. “We currently pay our full-time and part-time hourly cafeteria workers once a month. I read that Virginia law requires that ‘hourly employees be paid at least bi-weekly or semi-monthly and salaried employees (except executives) be paid at least monthly’ and need to know a code section, etc. that governs the frequency of payment in Virginia.” — Troy, Virginia 

If FMLA ailment limits work hours, does that affect employee’s other PT job?

09/20/2010
Q. “An employee works part time for us and has another part-time job on the side. He has applied for FMLA and come back with limitations from his doctor on his paperwork. If those limitations are that he can only work a set number of hours and he works them here–and then goes to work at his other part-time job, is that grounds for termination?” — Cole, Minnesota

Exempt employees: When can you dock their pay?

09/20/2010
Q. “We require exempt employees who miss a full day for any reason to use either a sick day, personal day or vacation day in order to get paid for the full week. Is this appropriate? Is it permissible to pay them for less than a full week of work if they have used all of their paid leave time and still miss a full day of work? Which is it? Pay for the full week or dock one of the days?” — Randy, Texas

How should I word our background-checking policy?

09/13/2010

Q. “We currently do not have a written policy that says we perform background checks before an employee is hired. We’d like to start implementing one. Am I allowed to state on the job posting that a background check will be performed and employment will be contingent on it? If so, how would I word it? — Star, Florida

Can nonexempt workers be paid on a salary basis?

09/07/2010
Q. “I have a question regarding nonexempt workers. Can they be paid salary, instead of hourly? For example, if an employee is hired as nonexempt, working 40 hours each week on a consistent basis, can he be paid a salary of $400 weekly. If approved overtime is worked, he is paid that in his salary also. I was told a nonexempt employee has to be paid hourly and can not be paid salary.”

Is my employer’s paid-time-off program fair … or legal?

09/07/2010
Q. “Where could I look for more information about employee benefits that don’t seem to be benefiting the employee. For example, employees are given 10 days per year for sick leave, they must have a doctor’s excuse for all except one day per quarter or four days per year. If they use the sick leave, the days are counted against them when they get their annual evaluation. It just seems unfair that you are earning this time off then when you use it, it is then counted against you. The annual evaluation is what determines your annual pay increase. So, therefore, it does not seem like it is a “benefit” to them after all.” — Tammy, Louisiana

Can we self-fund a paid disability leave program?

09/07/2010

Q. “Can we offer a paid disability leave without contracting with an insurance carrier, essentially self-fund the paid leave? If we can, do we have to have a plan document drafted for such a plan?” — Jessica, Colorado

Can we pay employees a lower rate for driving time?

08/31/2010
Q. “Can employees have a different pay rate for driving time? All driving time is specified on our time cards separately from normal working hours and calculated as all hours worked. Every day, the employees average 1.5 hours of driving time and eight hours of actual working hours. So can these driving hours be paid at a lower rate than the normal working hours rate?” — Terry Ann, Texas

Can employees also be independent contractors at the same company?

08/31/2010
Q. “Are there any legal issues with having some of our full-time permanent employees also having contracts to do subcontractor work (1099) for the same place they are employed?” — S.M., Wisconsin

Do any laws prohibit employees from gossiping about a co-worker’s health?

08/30/2010
Q. “Can co-workers discuss another employee’s medical information with other co-workers or customers without the employee’s consent, just because you told them something or they overheard it (other than on a need-to-know basis, such as plan administration)?” — Becky, Nevada