• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Andrew Volin

Is paying a daily wage risky?

11/06/2008

Q. In our industry, there is a historical practice to pay field workers a daily wage, which compensates them for all hours worked. Now we understand that class actions are being used in the wage-and-hour area to fight such practices. Is this practice a good idea in light of class-action suits?

What should we do once an employee exhausts FMLA leave?

11/06/2008

Q. We are a large company and are dealing with a situation with a sick store manager. He has used up all his FMLA leave and is still not able to return to work. Can we safely terminate his employment now?

How should we respond when one of our customers acts strangely?

11/06/2008

Q. Several female employees have reported that a male supervisor with one of our clients sends them strange e-mails. They are vaguely sexual and implore our employees to quit and to join his employer. The women think the sender is weird and have told him to stop, but he continues to send them messages. Is this a problem for my business?

How does the Colorado Civil Rights Division’s appeal process work?

11/06/2008

Q. We recently prevailed before the CCRD, which conducted an extensive investigation into a charge of discrimination. Now our former employee has filed an agency appeal. What will happen next?

When a new employee brings competitor information, are we at risk?

11/06/2008

Q. We just hired a salesperson from a competitor. We warned her not to take proprietary information from her former employer, but she says what is on her personal laptop is her information. Is there any risk for us from that laptop?

Must we offer severance pay?

11/06/2008

Q. We just let go of a new hire after only three months on the job because her performance was not up to our standards. Do we have to provide two weeks’ notice or severance pay?

New ADA amendments law expands employee disability rights

11/06/2008

Effective Jan. 1, 2009, employers with 15 or more employees have a new set of ADA rules to contend with. President Bush signed off on a law significantly amending the ADA in September, greatly changing how employers must handle disabled applicants and employees.

How can we avoid wage-and-hour class action lawsuits?

10/07/2008

Q. I keep hearing about wage-and-hour class actions, where workers claim they were not paid properly because they were misclassified as exempt, not paid for all hours or not paid the correct overtime rate. What can I do to minimize this risk? …

What, if anything, should I do about off-work employee harassment?

10/07/2008

Q. An employee complained that co-workers made fun of her at an after-work bowling event. She says they made fun of her accent (she is an immigrant) and talked about sexual acts involving her. She is embarrassed now and does not want to work with the people involved. Do I need to look into this, or should I refuse because the incidents took place away from work? …

OK to waive workers’ comp?

10/07/2008

Q. Can an employee waive coverage under workers’ comp laws? …