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

Susan Lessack

Must we explain our reason for firing?

08/23/2012

Q. We recently terminated an employee. He claims he is legally entitled to a letter outlining the reasons for his discharge. Is he correct?

Can we charge a fee for paper paychecks?

08/20/2012

Q. We require direct deposit of employee paychecks. We have one employee who hasn’t set up an account despite frequent requests. We have to mail his check from headquarters, sometimes via courier. Can we charge him a fee?

Breaks for nursing mothers: Just for nonexempts?

08/20/2012

Q. We have an exempt employee who just returned after giving birth. She says she needs to express milk three times a day and we have to let her. I thought the federal law says breaks were just for hourly employees. Do we have to give her this time? She’s away from her desk for 20 to 30 minutes each time.

Interviewee raises sensitive issue: Is it still bias?

08/13/2012

Q. I understand there are lots of questions we can’t ask during interviews. But what if the applicant brings up the subject? For example, if she mentions that she just had a baby, can I ask if she’s made child care arrangements? If a person is coming from out of town, I may ask why. If they say “boyfriend/girlfriend,” can I ask if it’s a permanent move?

Must we pay interns and give them benefits?

08/09/2012
Q. We are still getting requests from students to work for free. We know we have to pay them minimum wage, but do we have to do more? Do we have to pay benefits or give paid holidays?

May we ever ask about applicant’s religion?

07/27/2012
Q. When, if ever, can our company legally ask an applicant about his or her religious affiliation?

When woman returns from maternity leave, must she return to her exact former job?

07/27/2012
Q. When an employee returns from maternity leave, do we have to give her the very same job she had or can she be put to work in a different type of position?

What makes a full-time employee?

07/27/2012
Q. How many hours must employees work to be considered full time? Part time?

Employees switch shifts: Does that potentially increase our overtime liability?

07/27/2012

Q. Are employers required to pay for overtime hours that result when an employee voluntarily switches shifts with a co-worker?

Is it legal to raise sales quotas and then fire reps who don’t meet them?

07/27/2012

Q. As a large retail business, we employ several demo reps who present products to shoppers in the hope they’ll buy them. Recently, we’ve had to put increasing pressure on our demo reps to increase sales up to 200%. If a demo rep doesn’t meet the new goal, can we terminate him or her? Do they have legal recourse should they be fired?