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Susan Lessack

Do we have to pay bonuses to employees who quit before the normal payout date?

01/27/2010

Q. Our company pays out bonuses in the year after the work is completed, sometimes late into the first quarter. If an employee resigns before the bonus payout date (say, in February), do we have to pay a bonus to that employee?

What are the notice requirements when moving someone from exempt to nonexempt?

01/27/2010

Q. We’re planning to demote an employee for performance reasons. He’d move from a supervisory job (salaried/exempt) to an hourly job, so we would cut his pay by about $10,000 a year. What kind of notice must we give him regarding the pay cut and exemption status?

HR’s New Year’s resolutions: The top 10 to-do’s in 2010

12/23/2009

As you gear up for a new year, here are some key to-do’s that will minimize the risk of lawsuits: Make sure your company has considered how a potential flu pandemic could affect your operations … Get to know GINA … Keep an eye on the feds … Beware hasty terminations … Watch wage-and-hour issues … Make the ADA interactive … Focus on union issues … Manage social media …

How should we handle partial days off for our salaried business manager?

12/23/2009

Q. We’re a nine-physician medical clinic, and we employ a salaried business manager. Her duties include personnel, hiring, firing and office work. We don’t give her comp time or overtime pay. If she takes a partial day off, she must use vacation time (paid time off). Are we handling this correctly?

How can we find out whether employees are poaching health coverage for partners?

12/23/2009

Q. A few of our employees have added their spouses to our health benefits plan. We’ve heard through the grapevine that some of these couples aren’t actually married. Can we check on this without being discriminatory?

To what extent can we use electronic systems to store I-9s and other personnel documents?

12/23/2009

Q. I understand that I-9 forms can now be stored electronically. To save on office space and filing time, our department is considering scanning and electronically filing all personnel files and documents. Is this OK?

Do we need to provide a ‘sick couch’?

12/23/2009

Q. Are we required to provide a couch or cot on the premises in the event that an employee becomes ill? Are there any laws that dictate safety or health reasons for doing this?

The do’s and don’ts of giving and receiving holiday gifts

12/01/2009

Q. Are there any legal issues regarding employee gift-giving during the holidays? What about giving or getting gifts from vendors?

Can employees on FMLA leave attend the holiday party?

12/01/2009

Q. An employee who is unable to work has been out on FMLA for the past few weeks. Our holiday party is coming up next week. Should I allow her to attend if she wants to?

Can termination be a family affair?

11/25/2009

Q. We may soon terminate an employee whose daughter also works here. We’re uncomfortable with her daughter remaining as an employee. Can we legally fire the daughter, as well?