BMD Editors

Q. How do I make corrections to a Form I-9, especially when too many documents are indicated on the form? A previous employer completed the forms. Also, is there guidance on how to do I-9 self-audits? 

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Q. We have some paid consultants who have been working for us for two years. Are there any ramifications if we refer to these consultants as “staff” and enter them in a national database as our staff?

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Q. If an employee is admitted to a nonmedical facility for alcohol addiction, can this leave qualify under the FMLA? If so, what documentation is acceptable? Can a letter from the facility be substituted for medical documentation?

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Q. Our company is very casual and has no dress code. A recent hire is a young woman who wears low-cut tops and short skirts. Our staff is predominantly male and this has become a distraction and frequent conversation topic. How can we implement a dress code now without appearing to single anyone out?

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Q. One of our employees who is out on workers’ comp isn’t following the treatment prescribed by the workers’ comp doctor. She fails to attend physical therapy as prescribed. She says she’s still in pain and can’t return. Our conduct policy sets progressive discipline based on different offenses. Can the failure to abide by the doctor’s orders be included as a violation? 

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Q. A job description says “a bachelor’s degree or equivalent work experience” is required. An employee in that job has proven he can do everything the job description entails and then some. Is it legal to tell him the raise (within reason) cannot be justified to the board of directors be­­cause he doesn’t have a college degree? 

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Q. If we see in the local paper that one of our employees has been charged with possession of an illegal substance, is that enough cause to have him take a drug screen? 

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Q. We are a retail company with about 200 employees. We have six different departments. The supervisors are not agreeing on an overall dress code. They wondered if there’s any legal risk in having each department make and follow its own dress code. (Everyone works in the same office space.) 

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Q. We have an hourly employee who does clerical work during her normal 40 hours. She would also like to start cleaning the office two nights per week. Since these are two separate jobs, would she get overtime or could it be a separate payment?

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Q. If an employee is not available to sign his or her time ­sheet, can the supervisor sign the employee’s name and include the supervisor’s initials and a comment stating that the employee is not available to sign?

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