Susan Lessack

Q. We’re going back and forth on this question: On an employment application, can we legally ask about an applicant’s prior conviction record or arrest record?

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Q. Is it legal for us to strongly encourage our employees to have money withheld from their paychecks to support a charity drive, like the United Way?

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Q. Is it legal to adopt a once-a-month payroll for hourly employees?

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Q. One of our hourly employees ($15 per hour) arrives late way too often. We’d like her to get here on time so we’re considering cutting her hourly rate when she arrives late. For example, if she arrives an hour late, we would not pay her for the hour and cut her pay to minimum wage for the rest of the day. Can we do that?

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Q. I am a small employer with a group medical plan. If an employee takes an approved unpaid leave of absence, am I required to continue my premium subsidy during the unpaid leave? We have 22 employees and aren’t required to comply with FMLA.

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Q. One of our school employees hurt her back while assisting students in the classroom. She went out on workers’ comp and has now reached maximum improvement, according to her doctor. But she can’t do her old job. Do we have to provide another job for her?

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Q. One of our employees has received glowing reviews for 10 years, but she’s been working on her personal business on company time for the past two years. The employee’s supervisor never addressed this issue in writing, and now her new supervisor wants to fire her without any documentation or counseling. Can the supervisor do this without any expectation of “trouble” from the employee?

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Q. We require exempt employees who miss a full day for any reason to use either a sick day, personal day or vacation day in order to get paid for the full week. Is this appropriate? Is it permissible to pay them for less than a full week of work if they have used all of their paid leave time and still miss a full day of work?

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Q. One of our employees has intellectual delays and is in a motorized wheelchair. In the past year, he ran over a client’s foot and damaged the office walls numerous times, including punching through the drywall. We are at our wit’s end. Can we terminate him if he continues to cause damage or at least make him pay for wall repairs out of his paycheck?

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Approximately 70% of employers sponsor wellness programs designed to drive down health care costs, reduce absenteeism and promote better employee health. But now, the Genetic Information Nondiscrimination Act has muddied the wellness waters. Learn how to comply while still offering incentives for employees to participate in your wellness program.

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