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  • HR Specialist: Employment Law
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Susan Lessack

Could we be penalized for misclassification?

03/31/2014
Q. We have some employees that have been misclassified as exempt. We are working to rectify the situation, but could we still be penalized for the time the employee was misclassified?

Could questioning an employee about an incident be considered assault?

03/31/2014
Q. One of our employees was involved in an incident and questioned regarding suspected ­wrongdoing. He is now bringing a suit against the company, alleging that the act of being brought into a room and questioned at length constitutes false imprisonment and that the aggressive questioning constituted assault. Does he have a case?

Can an HR professional have personal liability for employment decisions?

03/31/2014
Q. As an HR professional, do I have personal liability for my participation in employment decisions?

What employment protections do military reservists and veterans enjoy?

03/06/2014
Q. Are active duty military and veterans considered a protected class?

How are layoffs supposed to be handled when someone buys my business?

03/06/2014
Q. Do I have to follow the WARN Act if someone buys my business?

Should we pay nonexempt employees for voluntarily running office errands before work?

03/06/2014
Q. Because our office is in a residential area, mail isn’t delivered until the late afternoon. One of our secretaries volunteered to pick up the mail at the post office on her way to work every day. It’s not too far out of the way, but it does change her regular route to work. Are we required to reimburse her for the additional time, as well as mileage?

When is it OK to punish by docking pay?

02/13/2014
Q. May I dock an employee’s pay as a penalty for disciplinary infractions?

Now what? Bad former employee wants a reference

01/24/2014
Q. I received a call from an employee I recently fired, letting me know she listed me as a reference. She was terminated because of performance. Can I disclose that information to a potential employer?

Does workers’ comp cover injuries an employee suffers at a work-related social event?

01/24/2014
Q. Is an employee who injures himself at a ­company-sponsored picnic eligible for workers’ ­compensation?

Possible porn: Can we search computers?

01/03/2014
Q. An employee recently complained about re­ceiving inappropriate email messages and links to porno­graphic websites from some of her co-workers. We would like to review the messages to figure out exactly how large a problem we face. Can we do this?