Q&A

Are cellphone allowances taxable?

02/01/2012
Q. We reimburse employees for the business use of their personal cellphones. To cut down on paperwork, management has suggested that instead of having employees submit their cellphone bills, we give them a flat allowance. This sounds like we’re giving them extra pay. Would those allowances be taxable?

May we ask applicants about their religion?

01/25/2012
Q. When, if ever, can our company legally ask an applicant about his or her religious affiliation?

What should we do? The law and our union rules are on a collision course over harassment

01/25/2012
Q. Our union agreement says we must give 48 hours’ notice before dismissing a regular employee. But we have proof that two employees have been har­­assing—and continue to harass—black and gay em­­ployees. In fact, their har­ass­ment just caused us to lose a good em­­ployee who couldn’t take it any ­longer. What trumps what?

Is it legal to lower salesperson's pay?

01/25/2012
Q. We are planning to change a salesperson’s pay from straight salary to a lower salary plus commission. Can we do this without violating wage laws?

Can we dock exempts for snow-day absences?

01/25/2012
Q. Due to recent snowstorms, some exempt employees have not been able to get to work. Can we dock the pay or accrued leave of employees who do not come to work? Can we do so even if the office is closed?

Can we ask about disabilities before hiring?

01/20/2012
Q. We recently extended an employment offer to someone who was later determined to be unable to perform the job’s essential functions due to a visual impairment. As a result, we wasted a significant amount of time. Aren’t workers obligated under the ADA to disclose that they suffer from a disability?

Can mental health problems be covered by the FMLA in addition to the ADA?

01/20/2012
Q. One of my employees recently informed me that she needs to take time off to seek psychiatric treatment. I realize that this employee may be disabled under the ADA, but could she also be considered to be suffering from a serious health condition under the FMLA?

When can worker take 401(k) hardship distribution?

01/20/2012
Q. An employee’s spouse has become disabled. Even though this employee is younger than 59½, he’d like to take a distribution out of his 401(k) account. Can we accommodate him?

What should an anti-violence policy include?

01/18/2012
Q. We do not have a workplace violence policy and would like to prepare one. What should we include in the policy?

How should we go about reviewing our violence-prevention program?

01/18/2012
Q. We’re re-examining our workplace violence-­prevention strategies. What guidance is available to employers?

Do we have to pay fired employee for accrued but unused vacation time?

01/12/2012
Q. We recently fired an employee for misconduct. She now claims we have to buy out all the vacation time she had not used. Do we have a legal obligation to pay her for accrued and unused vacation time?

Must we rehire returning service members? We have already hired replacement workers

01/12/2012
Q. We have a number of employees who serve in the armed forces. Some have taken multiple leaves in recent years because they were called up for duty in Iraq or Afghanistan. At least one has been gone for years. With the drawdown of troops in Iraq, we expect that several will want to return to our company, but we have had to hire people to replace them. Are we obligated to rehire them even if we don’t have an open position?

Should we retain copies of I-9 documents?

01/12/2012
Q. We recently decided to start making copies of documents that employees provide to complete their I-9 forms (driver’s license, etc.).  Do we need to go back and complete new I-9s for employees hired before this date or ask them to provide the documents again so we can make copies?

When must lunch breaks be paid?

01/11/2012
Q. Our employee handbook says nonexempt retail em­­ployees can take an unpaid 30-minute lunch break. However, our store is often very busy and employees often take lunch breaks of only 10 to 15 minutes. Should employees be paid?

Can a dress code apply to just one employee?

01/05/2012
Q. Can we set a dress code policy that bars visible tattoos and multiple piercing on our receptionist but not other workers who have less public contact?
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