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Q&A

How should we handle pay for employee who will be out two weeks on National Guard duty?

06/09/2010
Q. One of our full-time employees has just informed us that he will be on two weeks of National Guard duty soon. He will be absent from work to attend an annual encampment in a reserve branch of the armed forces. What are our legal obligations concerning pay to this employee?

Is our policy on criminal records legal?

06/09/2010
Q. We currently have a policy against the hiring of anyone with a felony conviction. Can you shed some light on whether this policy is legal?

What legal issues should we weigh before allowing employees to bring their pets to work

06/09/2010
Q. We run a pretty laid-back office and are considering allowing employees to bring their pets to work. Anything we should be thinking about?

What are the legal risks of not paying interns?

06/09/2010
Q. For years, we have used student interns during the summer months. Because they are interns, we do not pay for their services. Is this legal?

Updating your policy, but not your handbook

06/03/2010
Q. Our employee handbook says that employees are paid for 40 hours per week as long as they put in at least 38 hours. We recently told employees that, from now on, we pay only for actual hours worked. Do we have to change the handbook, too?

How should we handle tip calculations that factor out credit card fees?

06/02/2010
Q. Our employees receive tips, and we take advantage of the tip credit toward the minimum wage. In the past, we have paid employees the full tip amount on credit card charges, even though we have to pay a percentage fee to the credit card company. It doesn’t seem fair that we should have to pay money that we don’t really receive. How may we resolve this fairly and legally?

When commuting time varies, do we have to pay for trips in excess of ‘normal’?

06/02/2010
Q. Our maintenance employees drive company vehicles and keep them overnight. The employees are responsible for servicing a number of stores. Some days, they report to our warehouse to pick up parts before going to their first location. On other days, they report directly to a work site … Do we have to pay them for any time in excess of their normal commuting time to the warehouse?

If we fire dishonest employee, can he collect unemployment comp and vacation pay?

06/02/2010
Q. We have an employee who recently submitted an expense report for more than $1,300 for an extended business trip. We accidentally reimbursed him twice. He did not report the double payment and we did not learn of the mistake until an internal audit two months later. Our company policy prohibits dishonesty and we want to fire the worker for violating this rule. Will he be able to collect unemployment benefits? May we withhold the vacation pay that is due to him under our policy, which would just about make us whole?

Time clocks: What’s the law on rounding up, down?

05/28/2010
Q. Our time-clock software allows for a five-minute grace period at the start and end of each shift. For example, if the employee’s designated start time is 8:00 a.m. and the employee clocks in at either 7:56 a.m. or 8:04 a.m., the actual start time will be logged as 8:00 a.m. for pay purposes. Is this OK?

How liable are we for an employee’s accident that occurred while he was on the phone?

05/26/2010
Q. One of our managers was talking on his company cell phone while driving when he struck and injured a pedestrian. Can the pedestrian sue the company?