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Q&A

What’s my legal liability when a customer harasses my employee?

09/08/2009

Q. I own a themed restaurant where some employees dress in costumes to entertain the children. Last week, an employee complained that a “regular” grabbed her breasts through her mouse costume. Am I correct that I don’t have any responsibility because the groper wasn’t one of my employees?

Am I permitted to communicate directly with employees’ medical professionals?

09/08/2009

If an employee’s FMLA medical certification is incomplete (required information is omitted) or insufficient (the information provided is vague, ambiguous or nonresponsive), an employer is now entitled to request additional information directly from the employee’s health care provider, subject to certain key limitations.

What can I do about an employee who refuses to work mandatory overtime?

09/08/2009

Q. Despite the recession, my business is going gangbusters. Instead of having to lay off people, I’m in the position of having to schedule lots of overtime. I have one employee, though, who is balking at having to work more than 40 hours a week. He’s really hurting my production. Do I have any recourse against this employee for refusing overtime?

Can we recover the cost of a former employee’s laptop by withholding from his final paycheck?

09/08/2009

Q. An employee who recently quit has not returned a company-owned laptop computer worth more than $1,000. Can we withhold the value of the computer from the employee’s last paycheck?

Is it too late to call for a union election?

09/08/2009

Q. Someone from outside our company approached our HR vice president wishing to discuss a “personnel matter.” During the meeting, he presented the vice president with a set of union authorization cards signed by over half of the company’s employees. As the vice president flipped through the authorization cards, the individual stated that he is a union business agent and that his union represents a majority of an appropriate bargaining unit at the company. Are our employees entitled to an election to determine if they will be represented by the union?

What’s the latest on the employment of immigrants in the Carolinas?

08/28/2009

Q. My company has about 80 employees spread among four stores in Charlotte and upstate South Carolina. Business is rebounding, and we expect 10 to 15 new hires in the next few months. Proposed changes in immigration laws are often in the news. Is there anything new I should know?

What should we do? We may need to terminate one of our founding partners

08/28/2009

Q. My company, a North Carolina corporation, has only four employees, all of whom are equal shareholders. We don’t have employment contracts. May three of us decide to terminate the employment of the other, a 25% shareholder?

Is it possible to reduce everyone’s hours without running afoul of the law?

08/28/2009

Q. In an effort to avoid laying off employees in this tough economy, our company has decided to temporarily reduce everyone’s work hours to 35 hours per week. May we?

What should we do before we start taping employees’ phone conversations?

08/26/2009

Q. For quality-control purposes and to ensure that workers are not making personal telephone calls, we would like to tape-record the calls employees make on company phones. Would that be legal?

Should we require a nondisclosure agreement?

08/26/2009

Q. Should we require new employees to sign a nondisclosure agreement in order to protect our trade secrets, customer lists, etc.?