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Susan Lessack

Q. Our employees punch a time clock and then go to job sites. Sometimes they don’t take a lunch break. But when they do, they’re unable to clock out and back in, so there’s no time record. Can a manager adjust the timecard by marking through the daily total and deducting the lunch time?

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Q. Management wants to institute a policy requiring cashiers whose registers are short at night’s end to replace the disputed amount out of their own pockets. Would that violate the law?

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Q. While on unpaid leave, one of our employees applied for and was granted workers’ compensation. This person has not expressed any interest in returning to work. We think she may even be working somewhere else. Can we terminate her?

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Q. Two of our employees live together but are not married. They want to take FMLA leave at the same time after their child is born. Since they work in the same section, doing similar work, this would be a big problem. If they were married, we could make them share the 12 weeks. Can we force them to do the same even if they aren’t married?

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Q. Some of our employees are quite heavy. We’re concerned they may become a liability at insurance renewal time because we suspect they have health problems (they also smoke and eat junk food). Can we ban smoking near our premises and make the workplace a snack-free zone?

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Q. We had the NLRB union-rights notice laminated and it is ready to be posted in our break room. Now the deadline is off. Can we still display it?

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Q. An employer asked us for a job verification on an employee we fired. The request includes a written consent form from the worker allowing the query. Can I release any and all information regarding the former employee’s history with us?

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Q. We’ve received differing information on exactly what notices we’re legally supposed to post in our office. Where can I find a reliable listing?

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Q. Some of our employees routinely ask to use FMLA when they are five or 10 minutes late. It’s a scheduling nightmare and hurts morale. Does the FMLA cover employees who are consistently tardy?

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Q. We have a fleet of company cars. If an employee is at fault in an accident, is it legal for us to require reimbursement for the $500 deductible by reducing his pay over a period of three or four pay cycles?

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