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Q&A

Given California’s strict break rules, can employees work through lunch?

05/20/2011
Q. We give our employees the opportunity to take up to a one-hour lunch break every day. However, several of our employees have requested to work through their lunch break in order to leave work earlier. Is this legal?

Is FMLA available for weight surgery? Kidney donations?

05/19/2011
Q. We have a very overweight employee who wants to have a weight-reduction surgery. This will be expensive and she may be off work for up to six weeks. Do we have to grant her FMLA leave for that time?

When do the new rules for implementing the ADA Amendments Act (ADAAA) go into effect?

05/13/2011
Q. When do we have to start paying attention to the final regulations implementing the ADAAA?

Do disabled workers have extra rights during layoff?

05/12/2011
Q. We have several temporary positions we must fill. A disabled applicant is qualified and we want to hire him but are worried we won’t be able to terminate him after the position ends. Are there any rules that require us to retain him?

If we buy another company, are we also buying the union that represents its employees?

05/11/2011
Q. We’re considering buying another company in the same industry. That company has a unionized workforce, and our executives are concerned because they don’t want to deal with a union. Otherwise, though, they are positive about this possibility … If we buy this company, will we have to deal with the union?

How can we help get a union decertified?

05/11/2011
Q. A few employees have told me recently they are fed up with their union and would like to get rid of it. How can I help them? We’d be glad to get rid of the union, too.

Must we give drug policy to an ex-employee?

05/05/2011
Q. We just terminated an employee for testing positive for PCP. Now the former employee wants a copy of our drug-testing policy. Do I have to provide it?

Is it legal to offer comp time?

04/28/2011
Q. Some of our full-time, salaried employees have to put in a lot of extra time for off-hours meetings and additional workload responsibilities. Is it legal to give these employees extra time off from work?

Can our substance-abuse policy also apply to out-of-town travel?

04/28/2011
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.” 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?

If employee has authority to hire and fire, is he automatically eligible for exempt classification?

04/28/2011
Q. Our mailroom supervisor is currently classified as exempt because his position includes qualifications such as hiring and firing the mailroom staff. But for the most part, he mainly performs mailroom duties. Have we classified him correctly?