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Q&A

Centralize job references to minimize exposure

10/01/2004

Q. Concerning writing reference letters, we have a few supervisors who think it’s OK to write them only for “good” employees. But our policy says supervisors can’t issue reference letters for any current or former employee. I’m having a hard time finding a reason that justifies our policy. Help! —P.T., South Dakota

Review past practices to judge FMLA leave request

10/01/2004

Q. We’re a 24/7 office. Some employees rotate shifts, but our night employees typically work the same shift. After one of our employees gave birth, she asked to be placed on the night shift. We granted her request, but now she says medical reasons require her to be off for five days in a row. We put her back into the regular shift rotation, but she claims her FMLA rights are being violated and wants all employees to rotate shifts, even the night employees. Do we have to do this? —M.L., Ohio

No Need to Pay Employee for Home-to-Seminar Drive

10/01/2004

Q. In determining when to pay for travel time, what if an employee drives his own car to a seminar that’s two hours away? Should he get paid for his driving time to and from the seminar, even if he leaves from home and drives straight home afterward? —R.M., North Carolina

Calculating paid ‘On-Call’ time an art, not science

10/01/2004

Q. We have a maintenance employee who we will soon put “on call” for various shifts (occasionally at night) to fix equipment. How should we handle his on-call pay? —E.P., Rhode Island

Base Taking-Work-Home policy on security and job needs

10/01/2004

Q. Is there any legal precedent or other justification for not allowing public employees to create work-related documents on their home computers? —J.R., Alabama

Inquire about confidentiality agreements

10/01/2004

Q. If a job applicant doesn’t mention that he or she is subject to a confidentiality agreement, should we ask? —L.M., Maryland

Obtain applicant’s approval before calling previous boss

09/01/2004

Q. I’d like to contact an applicant’s former employer, but that employer wasn’t included in the applicant’s reference list. Can I call the employer anyway? —A.T., Wyoming

Investigate harassment, even if victim is hesitant

09/01/2004

Q. We’re afraid that one of our employees may have been subjected to discriminatory behavior. But she hasn’t filed a complaint. What should we do? Do we have an obligation to bring it up and investigate even if she declines? —S.P., Louisiana

Include cash rewards in employees’ taxable income

09/01/2004

Q. When we win contracts, we recognize employees with cash awards. But these awards may be given to only the select few employees involved. Is this legally OK? —G.J., Alabama

Accommodate group prayer if it won’t cause ‘Hardship’

09/01/2004

Q. A group of our employees met during their break to have group prayer. A supervisor complained to our president, who instructed that we should notify employees that they can’t pray on break time. Nor can they pray during lunch unless they leave the building. Some employees are upset. Is this policy legal? —M.S., California