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Q&A

May we forbid employees to talk about how much they get paid?

02/01/2008
Q. My company has a policy prohibiting all workers from discussing their pay with other employees. Is this legal?

A better term for ‘Probationary’ periods

02/01/2008

Q. Our company has an initial 90-day probationary period for all new employees. Our employee handbook clearly describes the probationary period and also contains an introduction stating that the company has the right to terminate its employees at any time with or without cause. Our attorney recently informed us that the two provisions may be inconsistent and recommended that we delete the handbook’s reference to a probationary period. Should we follow her advice? …

New laws for the New Year?

01/01/2008

Q. Heading into 2008, are there any changes to Ohio law that employers need to be aware of? …

Right to have a witness during discipline

01/01/2008

Q. We have a nonunion shop. It is not uncommon for our employees to insist that they have the right to have a witness present during investigatory interviews and disciplinary action meetings. I have heard conflicting answers to whether employees in a nonunion facility have the right to have a witness present during investigatory and disciplinary interviews. Can you clear up the confusion for me? …

GPS to track employees

01/01/2008

Q. I would like to install GPS tracking devices in company-owned vehicles to track my employees’ whereabouts and determine whether they are making effective use of company time. I would prefer not to notify my employees that I will be installing these devices. Would I subject my company to any liability for violating our employees’ right to privacy if I take this step? …

Access to personnel files

01/01/2008

Q. Am I required by law to give my employees copies of documents contained in their personnel files? …

Time spent working on employee suggestion program—Is it work time?

01/01/2008

Q. Our company recently has adopted an employee suggestion program with prizes for employees who make a suggestion that we adopt. I have been asked whether employees who turn in suggestions must be paid for the time they spend on developing their ideas if they work on them at home. Employees are not required to turn in suggestions, but we did make a big deal about the suggestion program with our employees …

Union security clauses are enforceable in Michigan—Non-Dues payer can be fired

01/01/2008

Q. I run a small warehouse facility where the employees are represented by a union. The labor contract requires all employees to pay union dues or an equivalent fee. The union has contacted me and indicated that one of my laid-off employees is not in good standing for failing to pay union dues, and has requested that the employee be discharged. Even though he is laid off, the union still requires him to pay union dues. This is a good employee, and I do not want to terminate him. Am I required to do so? …

WARN notice: What if employees aren’t all terminated at the same time?

01/01/2008

Q. I’ve read that 50 or more employees must be affected by a plant closing in order to trigger a Worker Adjustment and Retraining Notification (WARN) Act notice requirement. We will be closing a plant, but it will take several months before all employees will be laid off. When are we required to give the notice? …

Does Georgia’s whistle-Blower law apply to private employers?

01/01/2008

Q. I’ve read a lot recently about a new whistle-blower law that went into effect this year. What requirements does it impose on companies doing business in Georgia? — B.N. …