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Susan Lessack

Can our substance-abuse policy also apply to out-of-town travel?

04/28/2011
Q. Our drug and alcohol policy states: “While on company premises and while conducting business for the company off premises, no employee may use, possess, distribute, sell or be under the influence of alcohol or illegal drugs.” Some of our staff asked if this also applies to them when they travel or attend out-of-town seminars at hotels. Does our policy still hold up in this situation?

If employee has authority to hire and fire, is he automatically eligible for exempt classification?

04/28/2011
Q. Our mailroom supervisor is currently classified as exempt because his position includes qualifications such as hiring and firing the mailroom staff. But for the most part, he mainly performs mailroom duties. Have we classified him correctly?

If employee voluntarily quits, must nonprofit employers offer COBRA coverage?

04/28/2011
Q. We’re a nonprofit organization and offer health insurance to our 100+ employees. If an employee is enrolled in the health plan and voluntarily resigns, are we required to offer COBRA? Or does our nonprofit status let us off the hook?

Can we offer cash incentives for employees to opt out of our health insurance plan?

04/28/2011
Q. We’re trying to reduce our group health benefit costs. Several employees are on both our plan and that of their spouses. They are willing to go off our group plan if we compensate them a certain amount of money each month. Is it legal to offer either medical insurance benefits or a cash alternative?

How does FLSA administrative exemption work?

03/29/2011
Q. I think one of our employees falls within the administrative exemption under the Fair Labor Standards Act (FLSA), but I’m not sure if he “regularly exercises discretion and independent judgment.” How can I make that determination?

What are the pros and cons of offer letters?

03/29/2011
Q. We send formal offer letters to job candidates for certain positions. Could such letters legally bind us, and would we be smarter to avoid them?

Can we reduce pay for an exempt employee who works less because she is pregnant?

03/29/2011
Q. One of our salaried employees is pregnant. She brought in a doctor’s note that says she can work only six hours per day. Can I either reduce her pay or have her work six days a week?

Are we allowed to offer housing stipends to just some employees?

03/29/2011
Q. Is it legal to offer some employees, but not others, stipends to help with rent or lodging?

Who pays for uniform cleaning?

03/29/2011
Q. We require employees to wear uniforms. Can we deduct from their paychecks the money to pay for the uniform or clean it?

Can we make direct deposit mandatory?

02/28/2011
Q. Can a business require employees to use direct deposit to receive their pay?