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  • HR Specialist: Employment Law
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Susan Lessack

Does the FMLA cover cosmetic surgery?

09/24/2010
Q. One of our employees is having cosmetic surgery and plans to take leave. Would that fall under the FMLA, or would it be a leave of absence?

May we ask applicants about criminal records?

09/24/2010
Q. We’re going back and forth on this question: On an employment application, can we legally ask about an applicant’s prior conviction record or arrest record?

Can we push employees to donate to charity?

09/24/2010
Q. Is it legal for us to strongly encourage our employees to have money withheld from their paychecks to support a charity drive, like the United Way?

How employers can respond to increasingly stressed workers

09/24/2010

Today’s economic climate has caused employers to cut budgets and workforces—and expect workers to do more with less. As they see colleagues laid off and their employers cutting back, employees are more concerned than ever about their own job security. It makes sense for employers to address stress issues in their workforces, since increased stress affects not only employees, but employers’ bottom lines.

Can we discipline late worker by cutting her pay?

09/23/2010
Q. One of our hourly employees ($15 per hour) arrives late way too often. We’d like her to get here on time so we’re considering cutting her hourly rate when she arrives late. For example, if she arrives an hour late, we would not pay her for the hour and cut her pay to minimum wage for the rest of the day. Can we do that?

Must we pay premium during unpaid leave?

09/17/2010
Q. I am a small employer with a group medical plan. If an employee takes an approved unpaid leave of absence, am I required to continue my premium subsidy during the unpaid leave? We have 22 employees and aren’t required to comply with FMLA.

Docking exempt worker for single day: Is it legal?

09/16/2010
Q. We require exempt employees who miss a full day for any reason to use either a sick day, personal day or vacation day in order to get paid for the full week. Is this appropriate? Is it permissible to pay them for less than a full week of work if they have used all of their paid leave time and still miss a full day of work?

Can worker be disciplined for wheelchair damage?

09/09/2010
Q. One of our employees has intellectual delays and is in a motorized wheelchair. In the past year, he ran over a client’s foot and damaged the office walls numerous times, including punching through the drywall. We are at our wit’s end. Can we terminate him if he continues to cause damage or at least make him pay for wall repairs out of his paycheck?

Can we shuffle hours between weeks to avoid OT?

09/06/2010
Q. Employees at our construction company sometimes work more than 40 hours in one week, but far fewer than 40 the next. We have been transferring the extra hours to the next week. Can we do this?

Moonlighting on company time: Can we get tough?

09/02/2010
Q. One of our employees has received glowing reviews for 10 years, but she’s been working on her personal business on company time for the past two years. The employee’s supervisor never addressed this issue in writing, and now her new supervisor wants to fire her without any documentation or counseling. Can the supervisor do this without any expectation of “trouble” from the employee?