Q. Regarding the “learned professional” exemption, is it safe to say that a person with a four-year degree would be considered in that category, but a person with an associate's or two-year degree would not? —Marilyn, Pennsylvania
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Q. Is it legal for our company to require employees to speak only English at work? —B.K., Idaho
Q. Some employees have complained anonymously that an employee is receiving preferential treatment because she's the wife of a manager. How can we defuse this situation? Should I transfer her to another warehouse? —B.B., New York
Q. I know that it's illegal to ask applicants certain questions, like whether they are married. Are there any questions I can't ask a previous employer or reference? —F.T., Maine
Good news for New Jersey employers: When the New Jersey Department of Labor reviews an employee's unpaid-overtime claim and orders back pay, the employee can't file a separate lawsuit in federal court asking for more money and attorneys' fees to boot. Labor's decision is final; case closed ...
Your organization may spring for pizza when everyone works late or buy a cake for employees’ birthdays. But employer-provided food can do more than fill the bellies of hungry staff ...
With all the talk about workplace privacy, remember that your organization, not the employee, owns the computers and the data in them. You needn’t fear a privacy lawsuit if you give permission for law enforcement to read e-mail, search hard drives or access phone numbers on company-owned cell phones ...
Q. A pregnant employee eligible for FMLA wants to take the 12 weeks of leave. Our leave policy says an employee on FMLA must first use his or her sick, vacation and personal leave, in that order, before the leave is unpaid. In this case, the employee has enough sick leave for the 12 weeks. But should she be allowed to use sick leave for the entire 12 weeks? Is this in our best interest? —M.P., Texas
Q. While on unpaid leave, one of our staffers applied for and was granted workers' compensation. This person has not expressed any interest in returning to work. She may even be working for someone else. Can we terminate her? —A.L., New York
Q. Is drug testing permitted under Maryland law? —L.R., Maryland