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Q&A

Is it legal to lower salesperson’s pay?

01/25/2012
Q. We are planning to change a salesperson’s pay from straight salary to a lower salary plus commission. Can we do this without violating wage laws?

Can we dock exempts for snow-day absences?

01/25/2012
Q. Due to recent snowstorms, some exempt employees have not been able to get to work. Can we dock the pay or accrued leave of employees who do not come to work? Can we do so even if the office is closed?

Can we ask about disabilities before hiring?

01/20/2012
Q. We recently extended an employment offer to someone who was later determined to be unable to perform the job’s essential functions due to a visual impairment. As a result, we wasted a significant amount of time. Aren’t workers obligated under the ADA to disclose that they suffer from a disability?

Can mental health problems be covered by the FMLA in addition to the ADA?

01/20/2012
Q. One of my employees recently informed me that she needs to take time off to seek psychiatric treatment. I realize that this employee may be disabled under the ADA, but could she also be considered to be suffering from a serious health condition under the FMLA?

When can worker take 401(k) hardship distribution?

01/20/2012
Q. An employee’s spouse has become disabled. Even though this employee is younger than 59½, he’d like to take a distribution out of his 401(k) account. Can we accommodate him?

What should an anti-violence policy include?

01/18/2012
Q. We do not have a workplace violence policy and would like to prepare one. What should we include in the policy?

How should we go about reviewing our violence-prevention program?

01/18/2012
Q. We’re re-examining our workplace violence-­prevention strategies. What guidance is available to employers?

Must we rehire returning service members? We have already hired replacement workers

01/12/2012
Q. We have a number of employees who serve in the armed forces. Some have taken multiple leaves in recent years because they were called up for duty in Iraq or Afghanistan. At least one has been gone for years. With the drawdown of troops in Iraq, we expect that several will want to return to our company, but we have had to hire people to replace them. Are we obligated to rehire them even if we don’t have an open position?

Should we retain copies of I-9 documents?

01/12/2012
Q. We recently decided to start making copies of documents that employees provide to complete their I-9 forms (driver’s license, etc.).  Do we need to go back and complete new I-9s for employees hired before this date or ask them to provide the documents again so we can make copies?

When must lunch breaks be paid?

01/11/2012
Q. Our employee handbook says nonexempt retail em­­ployees can take an unpaid 30-minute lunch break. However, our store is often very busy and employees often take lunch breaks of only 10 to 15 minutes. Should employees be paid?