Q. What should we keep in personnel files? —G.T., Missouri
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Q. If an employee is out sick but has already used up all her sick-leave hours, can we legally subtract from her vacation time instead? —K.P., Michigan
Q. I keep on file each employee's application, résumé, performance evaluations and any other praise or disciplinary records. Do I need to provide my employees with access to their files? And, if so, do I have to show them everything? —S.K., New Hampshire
Q. We recently received a subpoena to produce the contents of an employee's personnel file in connection with a lawsuit. The employee is a party to the lawsuit, but the company is not. Do we have to comply with the subpoena? Should we tell the employee about the subpoena? —K.H., District of Columbia
New federal court rules for electronic-records maintenance and discovery took effect on Dec. 1, 2006. The rules govern discovery of electronically stored information in federal civil litigation ...
Q. Is there a law or reasonable standard regarding how many weeks maternity leave should be? And should we make that a written policy in our employee handbook? Even with FMLA, to which our employees are entitled, we thought maternity leave was either six or eight weeks, depending on type of delivery. —J.F., Pennsylvania
Is your organization reaping the full financial benefits from its employee assistance program (EAP)? If employees aren’t using it, the answer is probably “no” ...
Q. We're a nine-physician medical clinic, and we employ a salaried business manager. She makes less than $100,000 but more than $23,660 per year. Her duties include personnel, hiring and firing, and office work. We don't give her comp time or overtime pay. If she takes a partial day off, she must use vacation time (paid time off). In light of the new (FLSA, overtime) rules, are we handling this correctly? —B.B., Missouri
The top three New Year’s resolutions for people: 1. Strike a better balance between work and home life. 2. Exercise more. 3. Avoid bad relationships. Your organization can’t help workers avoid disastrous dates, but it can help with the first two items ...
Q. We have a nonexempt salaried employee who normally works Monday to Friday and is paid biweekly. She took a week's vacation, which would come from her PTO (paid time off) bank. We had a customer emergency and called her into work on the Saturday of her vacation week. How should she be paid? Should she receive her PTO pay but have eight hours less of it charged against her PTO bank? Should she be paid for eight extra hours, plus her week of PTO pay? If we pay her both PTO and eight extra hours, do we have to pay her overtime? —W.M.