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Ask the Attorney Archives

How should we pay our independent contractors?

08/27/2012
Q. At our private school, we have several outside contractors who come in after school hours (during aftercare hours) to offer karate, dance classes, etc. We have been having parents write the checks directly to the contractors. Does that open the school up to any liability? Is it best to have the parents write the checks to the school and then we can write the contractor a check for the full amount? — Lisa, Virginia

Can we require employees to work weekends?

08/27/2012
Q. Our (medical) office is open seven days a week and 11 hours on weekdays. We rotate our staff so all hours are covered, even if each employee works 40 hours a week only. Recently, our regular weekend person left. Management wants to rotate all employees to cover weekend duties.  Some refuse for reasons like: church, family, health, or even saying that when they were hired years ago, they were not told that they had to do weekend duties. Is it legal for us to impose the weekend duties as part of their job to cover the days we are open? – Operations Manager, Florida

Do we have to alert job candidates that we’ll be doing a drug test?

08/15/2012
Q. I am wondering what the rules and regulations are for drug testing employees and candidates for employment. Do we need to tell them they are being drug tested or can we tell them to go to a lab around the corner to submit a sample (on the spot right after their interview)? – Kari Ann, New York

One employee wants to work two jobs: How do we calculate overtime?

08/13/2012
Q. We have a hourly shop employee who works 40 hours plus overtime per week. This same employee also has his CDL (commercial driver’s license) and would also like to help out after his shift in the shop by driving our truck. How would we pay him since it is a totally different job?  Would we have to pay him overtime or would be able to pay him a set pay per each trip, or could we pay him a different hourly rate for that driving job? – Mary, Nebraska

Employee’s coughing is bothering co-workers: What can we do?

08/13/2012
Q. We have a very good employee who has a chronic respiratory illness and does not attend work (has doctor’s excuse) when she has something contagious. She coughs incessantly about five times per year, lasting on to two weeks. We tolerate these episodes from a managerial/supervisory standpoint because it does not affect her work and she isn’t contagious. Employees have complained that it affects their ability to concentrate as well as interfering with telephone conversations with clients. We need any suggestions that you may have as far as our legal stance on what can be done with the employee. — Michelle, Georgia

How do I know the licensing requirements of all my employees?

08/13/2012
Q. My question is compliance related. The gaming industry is subject to heavy compliance regulation. From an HR standpoint, various positions require different kinds of licensing. Where do I look up all this information to make a compendium for all licensing required for any position. How do I keep myself updated at all times with regard to any HR compliance-related issues in the gaming industry. – Kiran, Nevada

Exempt vs. nonexempt: What counts as “discretion and judgment”?

08/07/2012
Q. I am trying to figure out if a position that was nonexempt is now exempt. On the U.S. Department of Labor website it states that the position may be exempt if the person who holds the position exercises “discretion and judgment.” But what is meant by those terms? I am also unsure whether the employee must meet all the requirements listed on the DOL list, or is it enough to meet just a few? – Monique, Pennsylvania

Suspension as discipline: What other options do we have?

08/07/2012
Q. We are a small business. Right now, after an employee receives a warning, we place the person on unpaid administrative leave.  Unfortunately, this has proven to be as much a punishment for co-workers who have to fill in and get work done as it is for the employee being punished. What are alternatives to administrative leave that would not leave us in the lurch? – Sabrina

Supervisor divulged confidential health info: What should we do?

08/07/2012
Q. I have employee who was approved to take Family and Medical Leave Act (FMLA) leave to care for her seriously ill parent. The problem is that her supervisor has shared the detail of her dad’s illness with other employees. This is a breach of confidentiality. The employee has complained. What should happen to the supervisor? – L, Michigan

How long do we have to hold a job for an employee on maternity leave?

08/06/2012
Q. How long do we have to hold a position for an employee on maternity leave if we employ fewer than 50 people? Our company policy says eight weeks, but what I have found ranges from 6-8 weeks from birth and then FMLA says 12 but we do not seem to qualify for that due to our size. – Ed, New York