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Employment Law

Must we pay travel costs when light duty means a temporarily longer commute?

12/24/2008

Q. One of our employees who normally reports to another facility has been out on workers’ comp and is now doing light duty in the office. Getting here adds an extra hour to his commute. I know we don’t have to pay for his commuting time, but what about his travel expenses?

Are mandatory arbitration agreements legal?

12/24/2008

Q. We require that our employees to agree to resolve all disputes by binding arbitration, rather than going to court. I’ve heard some government agencies have ruled those kinds of arbitration policies illegal. I don’t think that could be right, but thought I better check.

Can we make staff provide emergency contact info?

12/24/2008

Q. We’re cleaning up our personnel files and updating emergency contact information. Some employees don’t want to provide their contact information. Is it legal for us to require them to give it to us?

Do we have to grant paid leave for time an employee will spend testifying in court?

12/24/2008

Q. An employee has been subpoenaed to appear as a witness in a criminal case. Are we required to pay him for that time, or can we have him take vacation time or an unpaid leave of absence?

Feds issue new I-9 form: Start using it by Feb. 2

12/18/2008

U.S. employers must begin using a revised version of the I-9 Form starting Feb. 2. Employers that use the current edition of the I-9 (dated 06/05/2007) after Feb. 2 may be subject to fines.

As economy falls, résumé fraud and in-house theft rise

12/18/2008

Raise your skepticism level a few notches—and tell supervisors to do the same. Experts say the sinking economy is leading to desperation from both employees and applicants.

Obama to inherit dispute over SSN ‘no match’ letters

12/18/2008

How should employers respond to a government “no-match letter” that identifies discrepancies between an employee’s name and the Social Security number provided for I-9 purposes? The Department of Homeland Security tried to clarify that issue last year with new regulations, but a lawsuit held it up.

When does ‘I quit’ mean ‘Help, I’m disabled’?

12/18/2008

If you know an employee is suffering from depression, don’t be so quick to accept his or her hasty resignation, a new court ruling shows. Instead, you may need to identify this person as “disabled” under the ADA and, therefore, engage in an interactive process to find a work accommodation.

Must we pay for short smoking breaks?

12/18/2008

Q. Would a brief clock-out (initiated by the employee) of less than 20 minutes, such as an impromptu smoking break or personal phone call break, need to be paid as work time? The company accepts such impromptu clock-out breaks without prior supervisor approval.

Do we have to pay health insurance opt-out bonus during FMLA leave?

12/18/2008

Q. Our company offers a health insurance opt-out incentive, paying employees $400 a month if they use their spouses’ insurance plans. We now have an employee going out on FMLA maternity leave. Do we have to keep paying her $400 per month?