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Q&A

Beware Time-Clock Inconsistencies

02/01/2004

Q. Our employees punch in 15 minutes or less before their warehouse shifts begin. We pay them starting at their scheduled start time. Also, our employees are scheduled for 30-minute lunch breaks, but some punch in and out for lunch within 10 or 15 minutes. Our company pays the full lunch time, regardless of what is punched. Is this OK? —J.W., Indiana

Business trip injury qualifies for workers’ comp

02/01/2004

Q. One of our nonexempt employees was traveling with her boss to other company sites to conduct meetings. After one meeting, she and the boss went to dinner, which the company paid for. During the meal, the employee broke a crown on her front tooth, requiring emergency dental work. Would this fall under workers’ compensation? —R.B., Alabama

You decide definitions for full- and part-Time status

02/01/2004

Q. How many hours must employees work to be considered full time? Part time? —D.S., Texas

Reverse age bias is rarely an issue with early retirees

01/01/2004

Q. Are there any specific rules defining “early out” retirement packages offered to employees? Our company is planning to offer early outs. Our criteria mandate that an employee must have worked 15 years and be at least 50 years old. But we have employees who have worked as long as 28 years, but fail to meet the 50-year-old criterion. Is this age discrimination in a reverse sort of way? —T.G., Florida

When does COBRA apply?

01/01/2004

Q. Our business has 14 employees, and we pay 100 percent of their health insurance costs. One employee is out on workers’ comp. Are we required to continue paying his health insurance, or can we offer him COBRA? —P.F., Delaware

Intentional ill will can lead to punitive damages

01/01/2004

Q. We’re being sued for discrimination. What circumstances would open us for punitive damages? —L.C., Massachusetts

Background checks: Weigh convictions, not arrests

01/01/2004

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? —T.F., Nevada

Steer clear of cutting sick worker’s job in half

12/01/2003

Q. One of our full-time employees, age 60, is ill and expected to be out six months. We’d like to make her position part time, because we need to hire an additional part-timer in another department. Essentially, we’d like to split her full-time job into two part-time positions. Is this legal? —D.H., Texas

You can’t make employees contribute to charity

12/01/2003

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? —L.M., Texas

Give notice before changing benefit terms

12/01/2003

Q. Currently, our company pays 70 percent of employees’ health insurance premiums. But we need to either decrease the percentage or possibly ask employees to pay the entire premium. How much notice must we give employees before making such a change? —D.O., Louisiana