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Q&A

Bonuses advanced and then rescinded: Does that threaten MFLSA exempt status?

10/15/2009

Q. Our bonus plan states that employees eligible to receive bonus pay will receive bonus advances with each paycheck based on year-to-date performance results. Last year, we were on track to meet the maximum bonus throughout most of the year, but the last few months of the year were slow and we didn’t meet our target goal. As a result, we deducted certain amounts from the last few paychecks of salaried employees. Do these deductions threaten the exempt status of the salaried employees?

Can an employee sue us and our parent company?

10/15/2009

Q. Our company is owned by a foreign parent company. A former employee who was discharged last year recently filed a suit against us and our parent, claiming age discrimination in violation of the Minnesota Human Rights Act. Will the court dismiss our parent company from the lawsuit?

Are we too small to WARN?

10/15/2009

Q. We are considering laying off approximately 20 of our 83 employees. If we move forward with this plan, is there any requirement that we provide advance notice to the employees who will be subjected to layoff?

Can we require employees to get flu shots?

10/06/2009

Approximately 3 million doses of the vaccines designed to prevent the H1N1 flu virus—swine flu—shipped last week. Local health authorities are preparing to offer vaccines as early as this week. Can you—should you?—demand that your employees get flu shots?

What happens if employees don’t give adequate notice of FMLA leave?

10/05/2009

Q. What rights does an employer have if an employee fails to give timely notice of FMLA leave?

Can we require employees to waive their rights to file an EEOC charge?

10/02/2009

Q. I know employees can be required to waive their rights to sue to resolve employment-related disputes, either through a negotiated release or binding arbitration agreement. Can an employer also require employees to agree to waive their rights to file EEOC charges?

Can we privately settle a race bias case that may be heading for the EEOC?

10/02/2009

Q. We have been threatened with a race discrimination lawsuit. Frankly, we think we made a mistake. Can we settle the matter just between the employee and us?

What’s the required timing for final paychecks?

10/02/2009

Q. What are the deadlines for paying employees who are terminated or resign from employment?

Is it OK to withhold money from employees’ final paychecks to ensure we’re reimbursed?

10/02/2009

Q. Can I make deductions from an employee’s final paycheck for outstanding expenses or company property that the employee still has in his or her possession?

How much notice are employees required to give when they need FMLA leave?

10/02/2009

Q. Can our employee take FMLA leave without first giving us notice that she needs leave?