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Q&A

Are there any downsides to paying a holiday premium to exempt employees?

12/18/2012
Q. Our policy says employees who work on holidays are paid time-and-a-half. If an exempt employee works on a holiday, can I pay him time-and-a-half?

Can we request doctor (not nurse) sign FMLA form?

12/17/2012

Q. Do we have to take a nurse’s signature on an FMLA certification? I’d like to have an actual doctor sign the forms so I am sure someone actually saw the employee.

Can we terminate worker to keep domestic violence from spilling over into our workplace?

12/12/2012
Q. We have learned that one of our employees has been subjected to domestic violence and has a restraining order against her boyfriend. We are concerned that the man might become violent in our workplace. We are considering terminating the employee to make sure that our other employees are safe. Does such a termination raise any legal issues?

What are the rules on hands-free cellphone use for commercial drivers?

12/12/2012

Q. We have several employees who drive commercial motor vehicles. We have heard that there are rules about the use of cellphones by those drivers. How do those rules affect us?

Investigating customer complaint: How can we access our sales rep’s cellphone records?

12/12/2012

Q. We recently received a complaint that one of our sales reps had sent false emails and texts about one customer to another. We determined that the emails and texts have been sent from the cell­­phone we provide to the sales rep. We asked the service provider to send us copies of the emails and text messages. The service provider refused our request. Why can’t we get that information?

Can employees bank OT hours for extra leave?

12/12/2012

Q. Sometimes, our employees work overtime and we note those hours in an overtime bank so they can take time off later. One of our employees claims this is illegal and that we have to pay him. Is that true?

‘You’ll always have a job here’: How to respond?

12/04/2012

Q. When we were disciplining an employee, the president of our small company told him that he “will always have a job here.” He’s an at-will employee. Are we now obligated to keep him on if he improves?

How should we handle documents containing info about employees’ medical conditions?

12/03/2012
Q. Our office received medical information from an employee’s physician in conjunction with his FMLA leave request. What’s the best way for us to maintain this kind of documentation?

Does the FMLA cover leave for ‘stress’?

12/03/2012
Q. One of our employees has asked to go on medical leave due to “stress.” Does stress qualify as a condition that requires leave?

What are the downsides of personality tests?

12/03/2012

Q. We are thinking about using personality tests to evaluate whether applicants would be friendly and communicate well with our customers. Does using such a test expose us to potential lawsuits?