Louis DiLorenzo

Q. In New York, does a terminated employee have the right to see his personnel file or other documents?

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Q. In New York, can an employee be prohibited from engaging in political activity?

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Q. Would a brief clock-out (initiated by the employee) of less than 20 minutes, such as an impromptu smoking break or personal phone call break, need to be paid as work time?

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Q. Can an employer prohibit employees from sharing confidential wage information with each other, such as rates of pay or the amount of wage increases?

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Q. We have two offices in two different states. In one office, we have a sick leave policy in place because we have exempt employees, and the FLSA requires us to have the policy if we want to dock exempt employees for sick time after they exhaust their sick days. All employees at the second office are hourly, and they rarely call in sick. Can we have a policy at one location and not at another?

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Q. Are we required to give applicants official offer letters? What does a letter have to spell out?

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Q. Would a brief clock-out (initiated by the employee) of less than 20 minutes, such as an impromptu smoking break or personal phone call break, need to be paid as work time? The company accepts such impromptu clock-out breaks without prior supervisor approval.

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Q. Some of our supervisors make their exempt employees take personal or sick leave for every minute they miss from work, even if they work a regular schedule the rest of the week. Can we safely do that?

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Q. Our company offers a health insurance opt-out incentive, paying employees $400 a month if they use their spouses’ insurance plans. We now have an employee going out on FMLA maternity leave. Do we have to keep paying her $400 per month?

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Q. Our company recently discovered some theft in our operation. We called an employee in for an investigative interview. He claimed to have consulted with an attorney and refused to answer our questions on the grounds that he could not be forced to incriminate himself under the Fifth Amendment. What are our choices?

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