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Q&A

Employee Can’t Claim COBRA if Not Enrolled in Plan

02/01/2003

Q. We offer insurance benefits that begin six months after hire. Due to changing business conditions, we had to terminate an employee after only 10 months on the job. But the worker wasn’t signed up for the health plan on his termination date. Does he now have any claim to COBRA? —M.R., South Carolina

Be Specific With Drug and Alcohol Policy

01/01/2003

Q. Our drug and alcohol policy states: “While on company premises and while conducting business for the company off premises, no employee may use, possess, distribute, sell or be under the influence of alcohol or illegal drugs.” It’s very clear how this applies at the work site. But some of our staff asked if this also applies to them when they travel or attend out-of-town seminars at hotels. Does our policy still hold up in this situation? —V.S., New Mexico

Don’t Allow Unlimited Sick Leave

01/01/2003

Q. Our company gives eight hours of sick leave per month to nonexempt employees. We’ve been told that, under the FLSA, exempt employees are to be paid whenever they are sick. So our exempt employees have virtually an unlimited sick-leave balance. Is this a correct way to interpret the FLSA? Should we have some type of sick-leave accrual and tracking for our exempts? —D.H., Kentucky

Focus on Decision Making When Deciding Exempt Status

12/01/2002

Q. I believe that one of our employees falls within the administrative exemption under FLSA, but I’m not sure if he “regularly exercises discretion and independent judgment.” How can I make that determination? —A.C., Mississippi

Overtime Pay Not Affected by Worker’s Shift Switch

12/01/2002

Q. Are employers required to pay for overtime hours resulting from the employee voluntarily switching shifts with another employee? —E.R., Kansas

Offer Letters Are OK If Crafted With Care

12/01/2002

Q. Our company has typically sent formal offer letters to job candidates for certain positions. Could such letters legally bind us, and would we be smarter to avoid them? —S.T., Texas

Giving Exempt Employees Extra Pay Is Risky Business

11/01/2002

Q. Our company pays overtime to salaried supervisors for hours they work over 40 in a week. I have never heard of this compensation practice. Is it legal? —C.H., Colorado

Accommodate Reduced Hours For Pregnant Worker

11/01/2002

Q. I have a salaried employee who is pregnant. She brought in a doctor’s note that says her hours need to be cut to six per day. Can I either reduce her pay or have her work six days a week? —M.S., Virginia

Who Pays for Uniforms?

11/01/2002

Q. We require employees to wear uniforms. Can we deduct from their paychecks the money to pay for the uniform or clean it? —L.B., Massachusetts

Length of Job Doesn’t Figure in Contractor Status

10/01/2002

Q. We’re an at-will employer. Is there a law (or advisable benchmark) regarding how long we can hire temporary staff before they must be either hired on a permanent basis or released? —D.A., Michigan