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Q&A

Is it permissible to ask women about gaps in their employment histories?

09/23/2008

Q. Can we ask female applicants about lengthy gaps in their employment histories? I’m afraid that doing so might make it look as though we are digging into personal or family issues that could lead to a claim of gender bias …

What’s the new law on paying temps?

09/19/2008

Q. Our company hires temporary workers to assist with various short-term projects. I recently read that a new law changes how these workers are paid. How does the new legislation affect employers? …

Isn’t there a California state program that covers paid family leave?

09/19/2008

Q. I understand that the state of California has a program that offers benefits to employees who require a leave of absence to care for a seriously ill child, spouse, parent or domestic partner. How does this program work? …

Must we pay employee who takes family and medical leave to care for relative?

09/19/2008

Q. One of our employees will be taking a protected leave of absence to care for her ill mother. Are we required to pay her for the time off? …

Must we pay doctors to fill out FMLA forms?

09/18/2008

Q. Recently, a doctor sent our HR department a bill for completing one of our employees’ FMLA certification forms. Do we have to pay it?

Can we give higher pay to employee with degree?

09/18/2008

Q. Is it illegal to pay someone without a degree less than someone with the degree? In our case, two employees have the same title but do slightly different tasks. One has a bachelor’s in HR and the other does not. However, the one without a degree is doing all the HR duties and gets paid less than the one with a degree. The degreed employee doesn’t use her HR skills in her job at all.

Circulating résumés around the office

09/18/2008

Q. One of our managers who hires for his division has started passing around the résumés of possible candidates to other managers. He wants to get their opinions on the candidates. Does passing along résumés to these people violate any privacy laws?

Unmarried co-workers, childbirth and FMLA leave

09/18/2008

Q. Two of our employees (they aren’t married) are having a child together. I know that spouses who work for the same company have to share the 12 weeks of FMLA leave following the birth of a child. Is that also true for unmarried parents in the same workplace?

Can the union demand we pay for employees’ personal protective equipment?

09/12/2008
Q. Our company is in the midst of planning for contract negotiations. The bargaining committee has made it known it will demand that the company pay for all steel-toed safety shoes. The company does require that its employees wear steel-toed safety shoes in the plant, but the company has never paid for the shoes. The union states that because of new OSHA regulations, which have been adopted in Michigan, the employer is required to pay for employee personal protective equipment (PPE) and therefore must pay for the safety shoes. …

What are the limitations on an injured employee’s right to select his own doctor?

09/12/2008
Q. While at work, one of our employees suffered what we believed to be a minor back injury. We sent him to a clinic, which determined that he could perform light-duty work. We offered him a light-duty assignment. Now the employee has gone to his personal physician, who has excused him from all work. The employee’s physician also has billed us for his services, since this was a work-related injury. We do not know how to respond to these differing opinions or whether we are obligated to pay for the employee’s personal physician’s services …