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Q&A

How to handle missed time-clock punches

11/01/2007

Q. At our office, if an employee misses a time-clock punch, his pay for that day is suspended until he receives his check stub. The employee must then fill out a missed time-card punch form and have it signed by a senior partner. The missed pay is then applied to the person’s next pay period. Is this legal? — D.L., Virginia …

Mandatory doctor visits: Must you pay for the time?

11/01/2007

Q. We sometimes send our employees to our company doctor. Do we have to pay employees their hourly rates for their time? Also, are we responsible for any accidents that happen on the drive? —C.C., Arizona …

Drawing the line on tardiness: the legal risks

11/01/2007

Q. We’re having tardiness and absenteeism issues with our employees. If we place an employee on probation for an excessive number of times tardy and days absent, can we require no absences at all during the probation period? —C.V., New Jersey …

Timing on final paychecks

11/01/2007

Q. When is an employer required to give a worker his final paycheck? …

Temp agency employees and the FMLA

11/01/2007

Q. Must an employer using the services of a temporary agency comply with the FMLA for its temporary or leased employees? …

The marijuana exception to queries about criminal convictions

11/01/2007

Q. I know that an employer cannot ask a job applicant about arrests. Are there any limitations on my right to inquire about convictions? …

Should you encourage job candidates to reject other job offers?

11/01/2007

Q. Our company recently offered a job to a highly skilled software designer. Upon offering the worker a position, she informed us that she had accepted a similar position with one of our competitors. However, she told us that she would rather take our offer. What should we do? …

Gender identity and dress codes for males and females

11/01/2007

Q. The company I work for has had an employee dress code since the company was incorporated. Recently, a male employee began coming to work dressed as a woman. His supervisor asked me if this violates the dress code. If so, can the supervisor require the male employee to dress according to the dress code for males and discipline him if he doesn’t? …

Recouping company-paid health plan premiums after FMLA leave

11/01/2007

Q. While my employees are out on FMLA leave, we pay our share of health plan premiums on behalf of them. If an employee does not return to work following his FMLA leave, can I recover those premiums directly from the employee? …

Leave-Of-Absence accommodation and the New Jersey Law Against Discrimination

11/01/2007

Q. I have an employee who has a handicap, as that term is broadly defined under the New Jersey Law Against Discrimination (NJLAD). It would not qualify as a disability under the ADA. I know that a reasonable accommodation under the ADA can include a short leave of absence. In the absence of an ADA disability, do I have to provide a leave of absence as an accommodation for a handicap under NJLAD? …