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Q&A

Checking e-mail after hours: Should we pay?

11/11/2010
Q. Several nonexempt employees have smartphones. Do we have to pay them for the time they check work e-mail at home?

Do I need a state-specific separation agreement?

11/11/2010
Q. I am terminating employees in three states. Is it OK for me to use my standard separation agreement in all three states?

What’s the best way to handle termination meetings?

11/11/2010
Q. I just terminated an employee and it was an ugly, public scene. Do you have any tips for making termination meetings easier?

Furlough days: Eligible for unemployment?

11/11/2010
Q. Due to budget problems, we plan to furlough our employees for one day per month. Some have asked whether they can collect partial unemployment comp. What should I tell them?

Must we accommodate a ‘breathing machine’?

11/04/2010
Q. We provide janitorial services to local companies. We just learned that one of our employees is asthmatic. She missed several days because of her asthma. Now she wants to return, but she needs to keep a breathing machine with her. What can we do? We aren’t sure our customers will accommodate that need.

Worker in car accident during break: Are you liable?

11/02/2010
Q. Our company lets employees take two 15-minute paid breaks during their eight-hour shifts. One employee usually leaves the premises during her break and drives to a convenience store. If she were involved in a car accident on the way, would the company have any liability since she is still on the clock?

What’s the Texas law on voting leave?

11/01/2010
Q. We have had a hard time determining whether we must allow employees to miss work so they can vote? So this isn’t a problem in 2012, what rules must we follow?

What kind of information are we required to give participants in our health insurance plan?

11/01/2010
Q. We just received a letter from an employee who has requested a copy of our medical plan. Are we required to provide this information to her?

How responsible is a parent company for an action filed against a subsidiary company?

11/01/2010
Q. A former employee has filed an employment discrimination lawsuit against one of my company’s subsidiaries. The suit names both the subsidiary and us—the parent company—as the responsible employers. Isn’t this charge just the subsidiary’s problem and not ours?

No holiday pay for exempt staff in first 90 days?

10/29/2010
Q. Our company has a 90-day probationary period that employees must complete before they’re eligible for holiday pay. We’ve always made salaried exempt employees meet this requirement, too. So if a holiday occurs during their first 90 days, we only pay them for the days worked that week. Is this legal?