BMD Editors

Q. Can an employer that files for bankruptcy refuse to pay employees for their work and blame the bankruptcy court for not allowing them to?

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Q. We give certain employees company cars to drive. If they get traffic tickets, are we responsible for paying the fine? Or can we hold the employee liable? We don’t have a company policy on this. I was wondering if there are any sample policies.

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Q. Do employers have the right to put employees’ address and phone numbers in a place where all employees can access them? Are there privacy issues? Should we get employees’ permission?

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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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