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Joseph Beachboard

FMLA: Who is considered a ‘key employee’?

10/15/2010
Q. On the U.S. Department of Labor’s Form WH-381 “Employer’s Response to Employee,” there is a line that asks whether the worker is a “key employee” as described in the FMLA regulations. I always check the box indicating that the worker is a key employee. How should I mark these boxes? I consider most of our workers key employees, and I do not want to offend anyone by suggesting that they are not.

After brief FMLA leave, can we request a second opinion to make sure worker is ready to return?

09/22/2010
Q. We have an employee returning from a leave taken under the federal FMLA and the California Family Rights Act. His physician has issued a fitness-for-duty certificate. However, we have doubts about the worker’s ability to perform his job … Can we send him to another physician for a second fitness-for-duty examination?

If a resigning employee gives two weeks’ notice, can we tell him not to bother coming in anymore?

09/22/2010
Q. If an employee resigns and gives two weeks’ notice, can we tell him he isn’t needed for the two weeks and avoid paying him for that time?

Accounting employee has filed for bankruptcy: Will we get in legal trouble if we fire her?

09/22/2010
Q. I recently discovered that an employee who handles my company’s accounts receivable has filed for bankruptcy. Can I discharge this employee?

What elements need to be included in a claims waiver associated with a severance agreement?

08/23/2010
Q. We are considering providing an enhanced severance package to a group of employees if they agree to waive all potential claims against the company, including age discrimination claims. Are there any specific steps we need to take in connection with these releases?

Can we discipline exempt workers for attendance?

07/22/2010
Q. We require all employees to be in by 9 a.m. One of our exempt employees is constantly late. Can we discipline exempt employees for poor attendance?

How much can tip credits offset our minimum wage obligations?

07/20/2010
Q. We have always paid our waiters less than the minimum wage because of the tips they earn. Are we permitted to count tips as part of the minimum wage as long as we notify our employees of this practice and their actual tips equal or exceed the tip credit?

What are our obligations for notifying workers and government officials about a big layoff?

07/20/2010
Q. Due to the economy, we are considering shutting down our business. Are we required to give advanced notice to our employees?

How can we manage conflicting vacation requests?

07/20/2010
Q. We are a small company. Two of our employees in the same department have asked to take vacation at the same time. We’re afraid that we will be short-staffed if both employees are out at the same time. Can we institute a policy preventing employees from being out simultaneously?

Privacy concern: Are ‘group’ time sheets legal?

07/19/2010
Q. Currently, we require each individual employee to fill out his or her own time sheet. But we’re considering a new format that lists all employees on one time sheet. Is this legal? Or should each employee’s time sheet be kept confidential?