• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Q&A

What are the rules on timely pay?

10/27/2012

Q. Is it true that according to federal law, employees must be paid within two weeks of completing their work, no matter the excuse (computer glitch, etc.)?

Do we have FMLA reinstatement obligations if employee asks for leave and then quits?

10/27/2012

Q. One of our managers resigned a month ago, but she applied for FMLA leave a day before she quit. Are we under any obligation to return her to a position from which she resigned? Are we obligated to offer her a job when FMLA expires?

Employee needs help: What can we do?

10/27/2012
Q. Can we suggest psychiatric help for an employee we suspect may be having trouble with substance abuse? And can we require a random drug test?

Can we limit employee freelancing?

10/27/2012
Q. I recently found out that one of our designers has been freelancing on the side. It doesn’t seem to be interfering with her work, but is there anything we can do legally to protect the interest of the company?

Must we provide benefits during leave?

10/22/2012
Q. Are we required to continue to offer our employees benefits while they are out on leave?

What are California’s requirements for providing sexual harassment training?

10/22/2012

Q. We know that we are required to conduct sexual harassment training for our employees. But we’re not sure which of our employees we are required to train and what formats we can use to provide the training.

How do we pay hourly staff for out-of-town travel?

10/19/2012

Q. I need to send a nonexempt employee to training for two days out of town. We’ll pay his mileage, hotel, meals and training costs. We plan to pay him for a normal eight-hour workday for both days … Do we have to pay for off-duty hours since the employee needs to stay at the training venue?

What to do? Breastfeeding breaks have turned into major workplace interruptions

10/18/2012

Q. As required, we provide milk-expression breaks. However, a new mother on our staff is having her mother, who cares for the newborn, bring in the baby twice a day to nurse. It would be OK if she just nursed and then sent grandma and baby home. But these breaks are taking 30 minutes or more as co-workers admire and play with the baby. Can we just tell her to express and refrigerate the milk?

Is this asking for trouble? Our sick policy requires a doctor’s note containing a diagnosis

10/18/2012
Q. Our policy states employees must provide a doctor’s note if they take sick leave of three or more days. Are we violating any laws by demanding the doctor’s note, which includes a diagnosis?

Must we employ someone with allergies?

10/18/2012

Q. We recently hired someone we didn’t know has a severe allergy to peanuts. If she even smells peanut butter, she has a severe allergic reaction, requiring her to use an EpiPen and head to the emergency room. Could we have refused to hire her if we had known about her allergies?