• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Q&A

How should we pay if our time clock breaks?

07/26/2011
Q. Because of a time-clock malfunction, we couldn’t determine how much pay we owed some employees. What is our obligation to pay employees if we can’t calculate the exact number of hours worked? Is there any penalty for the delayed payment?

Must we accommodate this employee’s beliefs? She says witchcraft is her religion!

07/19/2011
Q. We have an employee who claims to be a witch. She contends that witchcraft is her religion and has asked for time off on certain “holidays.” Are we required to accommodate this employee’s request?

It’s an emergency! Can we fire worker whose volunteer firefighting duties cause absences?

07/19/2011
Q. I have an employee who is a volunteer firefighter. Although I believe that volunteering is important, his absences to respond to emergencies have disrupted workplace productivity. Can I replace him on this basis?

Can we offer pizza instead of pay when employees must work through lunch?

07/19/2011
Q. Occasionally, when we receive a big order, our nonexempt employees are required to work through their lunch break. Although we do not pay them overtime for this work, we buy pizzas and sodas for all the affected workers. Is this lawful?

Can job description call for ‘high energy’ worker?

07/18/2011
Q. I am updating job descriptions. We sometimes use the term “high energy” as a qualification. Does this violate the ADA or other laws?

Will we get in trouble for disciplining an employee for disparaging Facebook postings?

07/13/2011
Q. An employee has posted some very unflattering things about the company on her Facebook page. Is there anything we need to consider before taking disciplinary action against her?

Are we obligated to comply? Employee’s doctor ordered an ergonomic study

07/13/2011
Q. One of our employees tripped and fell at work. Days later, he came in with a doctor’s note ordering light-duty restrictions. The doctor’s note also ordered an “ergonomic workstation study” to be done by the employer. Is this something we are obligated to do?

Out of FMLA leave–and out of luck?

07/13/2011
Q. One of our employees has a recurring illness that flares up every so often. By taking a few weeks off here and there, he has used all of his paid time off (PTO) and exhausted his FMLA leave. If he has another flare-up, do we have to permit him to take time off even though it would be more than the FMLA requires or our policies allow?

Do oral complaints carry the same weight as written complaints in retaliation cases?

07/13/2011
Q. We have an employee who has made several complaints about his wages while talking to his manager during informal meetings. Are these oral complaints sufficient to trigger the Fair Labor Standards Act (FLSA) anti-retaliation provision?

What’s this new technology designed to help employees track their hours worked?

07/13/2011
Q. I heard something about a new wage-and-hour smartphone app that the Department of Labor has announced. What does it mean for our company?