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Ask the Attorney Archives

How can I tell if an ‘independent contractor’ is properly classified?

06/28/2010
Q. We have independent contractors performing work for us, but I question whether they are really independent contractors. One works for us 8:00 – 5:00, five days a week. He only works for us and only works at our facility. Do we simply change him to an employee? What do we need to do?

When hiring an exempt worker mid-week, must we pay for the full week?

06/21/2010
Q. When we hire employees mid-week and they are salaried, exempt-status employees, are we required to pay them for the entire week or just from the day that they started? And if they’re terminated mid-week, does the same rule apply? — S.M., Wisconsin

Seizure in car while driving to a seminar: Covered by workers’ comp?

06/14/2010
Q. We are a small business with 20 employees. We sent a crew of maintenance men (hourly employees) to seminar about two hours away. On the way, one of the guys had a seizure in the car and was taken to the hospital via ambulance. Diagnosis was low electrolytes. Apparently, after speaking to the employee, he has had this before but never followed up with a doctor. We were unaware of these problems and he has been with us for about three years. My question: Because he was technically on the clock on the way to the seminar, is this workers’ compensation? Personal insurance? All he was doing was riding in the vehicle? No strenuous activity. — N., New York

What’s the right way to amend a disciplinary write-up?

06/14/2010
Q. “Recently we disciplined an employee for using the Internet without permission. A written warning was issued. The next day, the supervisor informed the employee that he would be on a two-week probationary period, which was verbally communicated to the employee. Since nothing was said or written about that probation period at the time of the discipline, is it possible to amend the write-up to include the probation period?” — J.Q., North Carolina

How does a demotion affect an employee’s vacation accrual?

06/14/2010
Q. “We are demoting a supervising attorney to staff attorney. Our supervisors have a higher cap on the amount of vacation time they can accrue before they stop accruing than the staff attorneys. After the demotion, do we have to allow the demoted employee to cash out his vacation time above the cap or does he lose it as part of the demotion?”  — C., Calif.,

Can our CEO’s bullying trigger a lawsuit?

06/07/2010
Q. “I am the HR generalist for a small, fast-growing start-up of 20 FTE’s. Our CEO has been bullying an employee. His actions have been intimidating and extremely demeaning. The employee has come to me for mediation, and is ready to seek legal advice. Please advise as to whether the employee has any legal grounds.” — C.R., Mass.

“How quickly must we announce health plan changes to our employees?”

06/01/2010
Q. “When we make changes to our medical plan, how long do we have to get the new Summary Plan out to employees?” — C.L., Illinois

Can an exempt employee be disciplined for poor attendance?

05/24/2010
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“Does requiring two-weeks’ notice affect employees’ at-will status?”

05/17/2010

Q. “If we put something in our employee handbook requiring a two-week notice of resignation, does that alter the employees’ “at will” status and create a contract of employment?” — M.P., Texas

At what stage in hiring can we legally require drug tests?

05/11/2010
Q. “We require pre-employment drug screening and this is mentioned on the application. Sometimes, after applicants complete the application and interview, they inform us that they don’t think they can pass the screening. Is there a legal way to find out this information before they even begin the application/interview process?” — R.W., Nebraska