• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Carl Crosby Lehmann

Q. We are considering holding, off-site at a park, a “Company Olympics” event featuring sports such as softball and tennis. If an employee were to be injured while participating, would that be considered a workers’ compensation-covered injury? Would it matter if participation was voluntary?

{ 2 comments }

Q. An employee has requested FMLA leave to care for her 5-year-old niece who is recovering from heart surgery. The employee’s sister and her daughter live with the employee. Is leave under these circumstances protected under the FMLA?

{ 0 comments }

Q. When should we reverify employees’ work eligibility on the Form I-9 they signed when they were hired?

{ 0 comments }

Q. We want to bring on a worker to help finish up a contract that we have with a customer. The contract and work will end in a few months. To ease in setting this up and to avoid any long-term commitment, I’d like to hire the individual as a contractor and not an employee. Can I do this?

{ 0 comments }

Q. We are a small employer and only have operations in Minnesota. I recently learned that Minnesota does not require overtime pay until after an employee has worked 48 hours in a workweek. Do we have to pay overtime after 40 hours or can we have employees work an extra eight hours before they are entitled to overtime?

{ 0 comments }

Q. I run a nonunion construction contracting company. We recently received a letter from a union stating that they believe we are paying substandard wages and benefits. The letter asked us to provide any information we might have to show that they are wrong and that we are paying area standard compensation to our people. Does the union have a right to this information?

{ 0 comments }

Q. We recently received a letter from an attorney representing one of our employees. It requested “all personnel files and records, including all medical ­rec­ords” that we have on this employee. The letter contained an “authorization” that the employee had signed, but which did not specifically name our company. Do we have to provide this information? What if we don’t? And is there any risk to the company if we do provide it?

{ 0 comments }

Q. We would like to hire a few college interns over the summer, but with our tight budget, I don’t think we can pay them. What rules apply to unpaid internships?

{ 0 comments }

Q. A recently terminated employee demanded immediate payment of his wages and asked us to directly deposit the check into his bank account. I know that Minnesota law requires us to pay the wages through the employee’s last day of employment within 24 hours of his demand. While this employee was normally paid through direct deposit, we cannot coordinate a direct deposit within 24 hours. Can we just send the employee a check by mail?

{ 3 comments }

Q. A new hire is refusing to provide his Social Secur­­ity number because he does not want taxes withheld from his paycheck. He argues that since he is Native American, the U.S. government is not entitled to tax him. Is he required to provide this information? Can we withdraw our employment offer if he continues to refuse?

{ 2 comments }

Q. One of our employees is expecting a baby and would like to count the time she spends at pregnancy-related doctor’s appointments as FMLA leave. Are we obligated to allow intermittent leave for doctor’s appointments?

{ 0 comments }

Q. We are hiring for a new position that does not meet any exemption under the Fair Labor Stand­­ards Act (FLSA). However, we think there will be more interest in the job if we pay a salary. Can we still compensate on a salary basis even if the position is nonexempt?

{ 0 comments }

Q. I’m confused about what we can do to restrict gossiping over pay. We think it’s nobody’s business and our pay rates are based on a number of factors. Can’t we tell new employees that we consider compensation levels confidential?

{ 0 comments }

Q. Do we have to tell employees exactly how much they will be making before we offer them a promotion?

{ 0 comments }

Q. During snowstorms and floods, the government sometimes declares a state of emergency in certain counties. No one is permitted to be on roads except essential employees and emergency vehicles. Do we have to pay employees who can’t come to work because of the restrictions?

{ 0 comments }

Q. We’ve concluded that a small group of our employees don’t appreciate their jobs. We’d like to post their jobs and replace employees who won’t take a pay cut with unemployed people who will work for a lower wage. Is this a problem?

{ 0 comments }

Q. We have a number of employees who serve in the armed forces. Some have taken multiple leaves in recent years because they were called up for duty in Iraq or Afghanistan. At least one has been gone for years. With the drawdown of troops in Iraq, we expect that several will want to return to our company, but we have had to hire people to replace them. Are we obligated to rehire them even if we don’t have an open position?

{ 0 comments }

Q. We are re-examining our applicant screening process. One idea we’re considering is eliminating calling previous employers for reference checks. We haven’t found those calls to be very helpful, because most former employers will only confirm dates of employment and job title. Is this a good idea?

{ 2 comments }

Q. We recently decided to terminate an employee based on performance concerns. The employee is in sales and is required to cold call a certain number of individuals each day. In reviewing the daily call logs, the employee’s manager discovered that she has been calling the same disconnected number over and over again … To top it off, she sent an email telling other employees they could do the same. In preparing for the termination meeting, I’m wondering what we should say?

{ 0 comments }

Q. Due to a downturn in business, we are planning to close one of our stores. Ten employees will be affected. Do we have to give any advance notice to the employees of their layoff?

{ 0 comments }

Page 4 of 12« First...23456...10...Last »