Joseph Beachboard

Q. Our company has received a number of résumés from college students interested in working as unpaid interns for us during the summer months. Would hiring such unpaid internships violate federal or state laws?

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Q. We couldn’t obtain the amount of overtime one of our employees worked in time to include payment for those hours in the current payroll period. We understand that untimely payment of wages could expose our company to penalties. May we issue a paycheck to the employee for his regular hours worked and include his overtime payment in the following pay period?

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Q. One of our employees has just filed an internal complaint claiming that she has been sexually harassed. We are concerned that if we discipline the alleged harasser based on our findings and note this incident in his personnel file, he may demand to inspect our investigation records. May we avoid this by maintaining a separate investigation file?

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Q. Our company policy prohibits managers from dating subordinates. I have just learned that a manager has violated this rule. May we terminate him?

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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?

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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?

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Q. We would like to institute a rule subjecting em­­ployees to discipline for clocking in late. Are we permitted to do this even though we round our employees’ time to the nearest quarter-hour?

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Q. Is it legal to institute a policy requiring all new hires to submit to a consumer credit report?

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Q. I’m aware that California law generally does not allow employers to use noncompete agreements. Are there any noncompete agreements that California courts will enforce?

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Q. We suspect that one of our employees has filed a fraudulent workers’ compensation claim. We would like to hire a private investigator to gather information on his activities. By doing so, are we subject to the requirements of the Fair Credit Reporting Act?

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