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

Q&A

Do small employers have to comply with COBRA?

01/07/2011
Q. We are a small company with only 12 employees. We are under the impression that our employees do not have rights under the Consolidated Omnibus Budget Reconciliation Act (COBRA) since it applies to larger employers. Are we correct?

Do U.S. employment laws apply overseas?

01/07/2011
Q. Our company has employees stationed in locations outside the United States. A situation recently occurred that raised the question of whether U.S. employment laws apply to employees of American companies working outside the United States. Do they?

When a company sells off a function, does it have to give plant-closing or layoff notice?

01/07/2011
Q. My company is selling a portion of the business that employs more than 100 workers. Do we have any special obligations to provide notice to these employees?

Three’s a crowd: Can an employee bring someone else along to his performance appraisal?

01/07/2011
Q. An employee has asked to have his wife present during his performance evaluation. Does he have the right to bring a representative?

How long should we retain I-9 forms?

01/07/2011
Q. We’ve been keeping I-9 forms for an indefinite period. Now I hear we only have to keep them for three years for active employees and one year for terminated employees. Which is correct?

Are we legally required to offer performance improvement plans and last-chance warnings?

01/03/2011
Q. I attended a seminar for HR professionals last month where the instructor discussed the value of offering performance improvement plans and last-chance warnings to employees before they are terminated. Is my company obligated to offer these plans or warnings?

Does new law allow nursing, or just pumping?

12/29/2010
Q. We set up a room for new mothers to express milk, complete with a refrigerator and comfortable chair. Now we have a new mother back at work after just four weeks who has the grandmother bring the infant to the workplace every three hours for nursing. This is very disruptive. Can we tell her to express and store the milk instead?

Snow day pay: Can we dock for tardiness, no shows?

12/23/2010
Q. We dock hourly employees who arrive late for work, but not our exempt employees. There’s quite a bit of resentment about this policy, especially since over time our exempt employees have been extending the time it takes them to get to work during inclement weather. We know we can’t dock exempt employees if they make it in during snow days, but can we discipline them?

What should we do? We’ve been lax about breaks

12/21/2010
Q. I am the HR director for a large company. We recently realized that we have not been providing nonexempt employees with any breaks during the day (other than a lunch break). What should we do?

How much access must we grant OSHA inspectors?

12/21/2010
Q. When an Occupational Safety and Health Administration inspector arrives at our workplace, must we allow him or her onto the premises?