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Q&A

All staff on payroll count toward FMLA threshold

01/01/2005

Q. We’re a church with six full-time employees, three part-timers and six musicians who are paid per performance. Are we subject to FMLA? And who counts as an “employee” under the law: full-time, part-time and on-call workers, such as our musicians? —E.E., North Carolina

All-Electronic HR Files? Your Call if State Law Agrees

12/01/2004

Q. You recently said that I-9 forms can now be stored electronically. To save on office space and filing time, our department is considering scanning and electronically filing all personnel files and documents. Is this OK? —S.S., California

Unemployment claim hangs on seasonal staff duration

12/01/2004

Q. If our company hires seasonal employees for the holidays and then releases them after the Christmas rush, are we responsible as the last employer that will have an unemployment insurance claim placed against it? —B.B., New York

No need to give notice of demotion or pay cut

12/01/2004

Q. We’re planning to demote an employee for performance reasons. He’d move from a supervisory job (salaried/exempt) to an hourly job, so we’d cut his pay by about $10,000 a year. What kind of notice must we give him regarding the pay cut and exemption status? —L.K., Missouri

Govt. Rarely Requires In-House ‘Sick Area’

12/01/2004

Q. Is our company required to provide a couch or cot on the premises in the event that an employee becomes ill? Are there any laws that dictate safety or health reasons for doing this? —V.A., Ohio

Include indemnity statement in temp agency contracts

11/01/2004

Q. We’re a surveying company and often use temporary workers on big projects. We recently rejected a candidate sent by the temp agency. Now, the candidate is threatening to sue, saying we discriminated against her because of her accent. Can she sue us even though she was employed by the temp agency, not by us? —M.L., Maryland

Skeptical of ‘Spouse’ on benefit plan? Ask for proof

11/01/2004

Q. A few of our employees have added their spouses to our health benefits plan. We’ve heard through the grapevine that some of these “couples” aren’t actually married. Can we check on this without being discriminatory? —L.C., Illinois

Don’t probe applicants about their HIV status

11/01/2004

Q. Is it legal to ask applicants medical questions, specifically, if they have HIV? Does the law allow any legal exceptions to ask this question of people applying for food-handling positions?” —S.S., California

Firing family members? If they’re at will, it’s your call

11/01/2004

Q. We may soon terminate an employee whose daughter also works here. We’re uncomfortable with her daughter remaining as an employee. Can we legally terminate the daughter, as well? —R.M., Missouri

Set tight time limits for keeping job applications

10/01/2004

Q. Our employment application states, “This application will remain active for six months.” Is this time frame advisable? How long should applications remain active? And how long should I keep completed applications? —K.S., Minnesota