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Q&A

State law dictates your payroll frequency

07/01/2003

Q. Is it legal to adopt a once-a-month payroll for hourly employees? What other issues come up with a monthly payroll? —J.S., California

Dyslexia and the ADA: Don’t Screen for Disability

07/01/2003

Q. Is dyslexia considered a disability under the ADA? Can we legally screen potential employees for it through our pre-employment tests? —F.D., Ohio

Bonus plans don’t erase your overtime obligations

07/01/2003

Q. We plan to roll out an incentive plan for all employees. The incentive would be calculated monthly but paid quarterly in addition to regular pay. As part of the plan, we are eliminating overtime. Can we still have employees punch in to monitor attendance or can that come back to haunt us if they work extra hours to reach the incentive threshold? —J.B., New Jersey

Cosmetic surgery usually won’t qualify for FMLA leave

07/01/2003

Q. One of our employees is having cosmetic surgery and plans to take leave. Would that fall under the FMLA, or would it be a leave of absence? —K.H., Connecticut

Keep data on employees’ race separate

07/01/2003

Q. We have all new employees fill out a data sheet. Is it OK to ask for race on this form? —J.M., Nevada

Don’t dock exempt worker for partial-Day absence

07/01/2003

Q. If an exempt employee has no more paid leave left, can he take a couple hours off without pay? We’d just manually adjust his salary to reflect this. —A.D., Pennsylvania

You don’t need I-9 forms for pre-1986 hires

07/01/2003

Q. We have a few employees who started working for us more than 20 years ago, before the I-9 rules took effect. I don’t have an I-9 on file for these folks. Should I? —S.I., New York

Don’t link vacation bonus to exempt workers’ hours

06/01/2003

Q. Can we give an exempt employee extra vacation days in addition to the standard accrued time off outlined in our employee handbook? —T. L., Maryland

Is a janatorial supervisor exempt or nonexempt?

06/01/2003

Q. We classified our janitorial supervisor as an exempt employee. She meets some of the qualifications, such as hiring and firing janitorial staff. But when she’s on site, she mainly performs janitorial duties. Is she classified correctly? —L.B., Texas

Comp time isn’t legal, yet

06/01/2003

Q. Can our company legally offer comp time instead of overtime? I’ve received conflicting answers. —R.S., Virginia