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Q&A

Reconciling rest periods and restrooms

12/01/2007

Q. We operate a labor-intensive factory that requires workers to remain at their stations throughout most of the workday. Is it legal to require workers to use their 10-minute rest period to use the restroom? …

Worker notification requirements when layoffs are planned for 2008

12/01/2007

Q. We employ nearly 100 employees at a facility in San Jose. What type of notice must we provide if we are planning to lay off more than half of these employees during the first quarter of next year? …

New law puts curbs on Social Security numbers on paychecks

12/01/2007

Q. We’ve heard that a new law changes how we use Social Security numbers in the workplace. Is that true? …

Reporting requirements under the Georgia New Hire Reporting Program

12/01/2007

Q. I’ve heard that Georgia law requires employers to report new hires to the Georgia Department of Labor, but I can’t find any such requirement in the department’s rules …

Reporting requirements under the Georgia Unemployment Compensation Program

12/01/2007

Q. Does Georgia law require employers to provide separation notices to employees who voluntarily resign from their jobs? …

RSVP: Holiday party during FMLA leave?

12/01/2007

Q. An employee who is unable to work has been out on FMLA for the past few weeks. Our holiday party is coming up next week. Should I allow her to attend if she wants to? …

Keeping employees safe when serving alcohol at company parties

12/01/2007

Q. I’m an HR director and I’m planning our company’s holiday party. What is our liability as the host if we serve alcohol? …

Must we pursue reasonable accommodation if employee could never return to work?

12/01/2007

Q. I run a bike messenger service in downtown Newark. Recently I discharged one of my messengers who was rendered a paraplegic in a freak accident. We did not participate in the interactive ADA accommodations process, but I think all parties would concede there is no reasonable accommodation that would allow her to ride a bike again. We are aware of liability for failure to provide a reasonable accommodation, but is there a separate cause of action in New Jersey for failing to engage in the interactive process? …

FMLA and late certification: Can we fire for missed deadline?

12/01/2007

Q. As the law requires, my company provides FMLA leave to employees, provided they submit medical certification forms completed by their health care providers, within 15 days. A late submission is grounds for discharge under the company’s employee absence policy. Health care providers being what they are, we frequently receive forms after the deadline. I have a problem employee out on FMLA leave again, who has not submitted a medical certification form within the 15-day deadline. What options are available to me as the employer? Will the employee be protected by the FMLA if I choose to discharge her for not providing the certification form in a timely manner? …

Lawsuit deadlines

12/01/2007

Q. Today, I received notice of a discrimination claim from a former employee I fired 200 days ago. I thought my company was in the clear because employment discrimination complaints had to be filed within 180 days. I was surprised to hear from my HR department that the limitation period for filing the complaints can extend to 300 days. Is this true? And under what circumstances does the 300-day deadline apply? …