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Q&A

How should we handle bonuses and overtime?

05/11/2009

Q. We routinely pay our nonexempt employees an annual holiday bonus. What effect, if any, does this have on their regular rates of pay for purposes of calculating overtime?

Can law enforcement agencies prohibit uniformed officers from wearing religious garb?

05/11/2009

Q. As a law enforcement agency, we have several employees who want to wear religious garb with their uniforms. Our uniform regulations do not provide any accommodation for religious symbols or dress. Can we require strict compliance with the uniform regulation without violating religious discrimination laws?

What’s likely to happen when an employee waits two months to charge harassment?

05/11/2009

Q. A female employee has made a hostile environment claim for the first time. She alleged that her male supervisor began sexually harassing her more than two months ago. She claims she didn’t complain sooner because she feared her supervisor would retaliate against her. Based on her excuse, will we still be able to defend against a lawsuit claim by asserting that she unreasonably failed to use the complaint procedure available to her to prevent and stop any alleged harassment?

How can we assess a worker’s alleged learning disability? Do we have to pay for it?

05/06/2009

Q. What kind of documentation can an employer request to verify a worker’s contention that he suffers from a learning disability that requires accommodation? Must we pay for the evaluation?

Can you provide a summary of the new Form I-9?

05/06/2009

Q. I recently heard that employers must now use a new I-9 form for new employees. Is this true?

What is the Employee Free Choice Act?

05/06/2009

Q. Can you give me a rundown on the “card check” law everyone is so afraid will transform labor-management relations?

Does Ohio law prevent employers from giving honest job references?

05/04/2009

Q. When I check a prospective employee’s job references, more and more I find that prior employers are unwilling to give any information other than confirming dates of prior employment. It makes it really difficult to accurately screen job applicants. Isn’t there a law that protects an employer that provides a job reference?

What are the rules on employee access to personnel files?

05/04/2009

Q. Do I have to grant employees access to their personnel files?

Can we ban weapons anywhere on our premises?

05/04/2009

Q. I know I can prohibit anyone, including employees, from bringing weapons into the workplace. Can I expand the same prohibition to the rest of my property, such as the parking lot?

OK to charge for pre-employment medical exams?

05/04/2009

Q. I know the ADA limits when and how an employer can ask medical questions of applicants or employees. If I require a pre-employment medical exam, can I require the applicant to pay for it?