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Susan Lessack

Can work continue during paid lunch break?

10/29/2013
Q. Our hourly employees have a paid 30-minute lunch break. Sometimes we ask them to do some work during that time. Is this OK since we pay them or are we required to provide them with a complete break?

Must we offer benefits to same-sex partners?

10/29/2013
Q. One of our employees claims she has a marriage certificate for herself and her female partner and now wants to put that partner on her insurance plan. Do we have to do that?

What should we do about executive’s offer of special leave allotment?

09/30/2013
Q. The daughter of one of our executive assistants was recently diagnosed with an illness that will require extensive treatment. Her boss offered her “a few extra weeks of paid vacation” to care for her daughter. He told her this before HR had an opportunity to talk to her about options for time off. We don’t think the special treatment would be received well by staff outside of the executive wing. Do we have to provide what he promised even if it’s against company policy? Is it even legal?

What are the rules on paying for time spent putting on protective gear?

09/30/2013
Q. Our company policy states that employees are not compensated for the time spent changing into their uniforms, which includes special protective wear. A new employee was surprised to find out he couldn’t clock in before getting geared up. Are we required to pay ­workers for that time, or is it up to the discretion of each individual company?

Does telecommuting affect nonexempt status?

09/03/2013
Q. We’ve allowed employees to work from home on occasion and are considering making it an option for some positions. Does exempt/nonexempt status matter when it comes to employees working from home on a permanent basis?

FMLA expired and we haven’t heard from worker: Can we legally terminate?

09/03/2013
Q. One of our employees was injured on the job and has been on leave for almost six months now. Her eligibility for FMLA leave expired a couple of months ago and we haven’t received a response to the notice we sent her stating that her time off under worker’s compensation counts against any leave she may be entitled to. Can she legally be terminated and replaced?

Isn’t it illegal to withhold pay as punishment?

09/03/2013
Q. When an employee fails to clock in or out properly, our payroll department withholds that day’s pay until the next pay period as a form of employee discipline. My understanding is that an employer can’t hold back portions of pay as punishment. Am I right?

When does a voluntary wellness program become involuntary?

09/03/2013
At what point is the financial incentive to participate in a wellness program or the penalty for nonparticipation so great as to render it involuntary? Per­­haps more to the point, how does the EEOC define that tipping point?

What should we do? Employee says he’s allergic to co-worker’s service dog

08/13/2013
Q. After making several accommodations for an em­­ployee who was recently diagnosed with epilepsy and assigned a service dog, another employee is now claiming he is allergic. Can we ask for medical documentation to confirm his allergy? And aside from moving him farther away from the dog, are there other accommodations we are required to make for him?

What do we need to consider when crafting a policy on unpaid intern injuries?

07/26/2013
Q. We recently started to provide unpaid internship opportunities to local college students… The interns are not subject to the same process as other permanent or temporary employees in terms of background checks and workers’ compensation insurance. Now we’re looking at how best to structure this relationship to address issues such as what happens if an intern is hurt at a client facility. How should we approach this?