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Joseph Beachboard

When time sheets are late, can we hold off on paying OT until the next paycheck?

03/19/2010
Q. Several of our employees repeatedly turn in their time sheets late. Can we institute a policy stating that if a time sheet is turned in late, any overtime on that week’s time sheet will not be paid until the next pay period?

“During interviews, can we ask candidates if they are smokers?”

03/15/2010

Q. “Can we ask during an interview if a candidate is a tobacco smoker?”  —  M.C., South Carolina

Can all paychecks be mailed, or must we offer to hand-deliver them to employees?

03/08/2010

Q. Are we required to allow employees to come into the office to pick up payroll checks, or can we mail all payroll checks? — T.H., Minn.

Are ‘group’ time sheets legal — or must employees’ hours be kept private?

03/02/2010

Q. "We have three companies. One of them wants to handle time sheets differently. Currently, we require each individual employee to fill out his or her own, personal time sheet. But this company wants to list all its employees on one time sheet. Is this legal? Or should each employeee’s time sheet be kept confidential?" — P.A.

Must we pay for unauthorized overtime?

02/22/2010

Q. Without authorization, one of our employees worked extra hours this week, even though we told everyone they needed approval to work overtime. Are we required to pay overtime for the unauthorized hours?

During an interview, can employers ask about ability to comply with attendance rules?

02/22/2010

Q. Can an employer ask a job applicant whether he or she can meet the company’s attendance policy?

So, what exactly is an ‘exempt’ employee?

02/22/2010

Q. "What exactly what is an exempt employee?"   — M.A., North Carolina

If a timesheet is late, can we defer OT payment to next paycheck?

02/16/2010

Q. "Several employees habitually turn in their timesheets late. Can we tell them that if their timesheet is not turned in on time, any overtime on that week’s timesheet will not be paid until the next pay period? We’d like to quit ‘babysitting’ employees, but don’t know if taking this stand will violate any payroll laws." — A.B., Arizona

Can we fire an employee who’s out on workers’ comp leave?

02/08/2010

Q. "Our company provides physical therapy services to nursing homes. One of our therapists has gone out on worker’s comp. The facility say things are running much smoother without her (they don’t ‘like her’) and have asked not to have her back. We don’t have a placement for her elsewhere. Can we terminate her?" – D., California

So what does an ‘at-will state’ mean anyway?

02/02/2010

Q. What does the phrase "at-will state" mean? Is it just to allow unions under the Taft act? I have an employee who was verbally harassed at work and had his job threatened by being told, "I will have you gone by day’s end." I asked the N.C. Dept of Labor and they said the only items covered are EEO definitions (race, color and/or violence in the workplace). Are they correct? Very confused.