Ask the Attorneys: Your HR Legal Questions Answered

Ask the Attorneys: Your HR Legal Questions Answered

John Hauge

Partner

Andrew TanickManaging Partner, Minneapolis Office

Ford and Harrison, LLP

Moderator

Becky RossMarketing Manager

(303) 228-8753

bross@kpaonline.com

Presenter

John Hauge

Partner

Ford and Harrison, LLP jhauge@fordharrison.com

Presenter

Andrew Tanick

Managing Partner, Minneapolis Office

Ford and Harrison, LLP

atanick@fordharrison.com

If you have questions during the presentation, please submit them using the “Questions” feature

Questions will be answered at the end of the webinar

QUESTIONSQuestions

Exempt vs. Non-Exempt

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Can a salaried employee’s wages get deducted for the hours that they did not work?

Must a salary non-exempt employee receive break times? If so, are they paid? If there is no policy on salary break times, can the employee leave the property during this time?.

Can anyone be paid a Salary, even if they are not in a hire/fire type position? ex: billing clerk, title clerk, etc.

Ford and Harrison

John HaugePartner

jhauge@fordharrison.com

Andrew TanickManaging Partner, Minneapolis Office

atanick@fordharrison.com

Exempt vs. Non-Exempt

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Can dispatchers be exempt when they are supervising independent contractors?

There seems to be some misunderstanding concerning the FLSA classification of Inside Salesmen. Could you provide information on what criteria needs to be met for them to be exempt?

Breaks/Sick Days

Is there any circumstance where an employer would If a (salaried) manager works a portion of a day, my understanding is that he/she can not be docked in pay. Also if the manager is contacted via phone or e-mail on a "sick" day and he/she responds, that it constitutes work performed by the manager and it can not be considered a day absent from work. Is that correct?

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Holiday Pay

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We have six paid holidays, but if one of these holidays falls on a weekend and the persons hours are from Monday to Friday, do we still have to pay for it?

Vacation Pay

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We give 1 week paid vacation for the first year, but if an employee does not make it to his first anniversary are we still supposed to prorate and pay said vacation? Even after only a few months employment?

We don't have sick days as part of our employee benefits. When a manager calls in sick, I mark it down as a vacation day. Is that "legal"?

Documents/Forms

How long do I need to keep I9s?

Could you please tell me how many personnel files each employee should have?

Is it necessary to have I9 info & drug tests results kept separate from employee file?

When an employee gets a divorce; changes her last name by Court Order; remarries (last name changed again) - do you have to make these changes on the employee's I-9 Form? The form only has room for 1 change at the bottom of the form.

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Job Descriptions

How crucial is it to have job descriptions and why?

Do all employees need job descriptions?

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Reviews / Disciplinary Action

Are annual reviews really a good idea or do they just provide ammunition for the employee if there is a dispute concerning performance?

What should be done to employees who unwittingly share prescription drugs (especially in the event one person gets really sick)?

What is considered insubordination?

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Termination

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Can an employee be terminated for repeated disruptive, negative behavior that causes surrounding associates to complain about working with him/her?

Can we terminate without warning the associates first?

When terminating an employee how long you have to give them their final check?

Are there ways of preventing having to pay unemployment to terminated employees?

Misc.

If an employer is non-union must they abide by any of the NLRB rules or regulations?

When a work comp case is considered compensable, is the payment to the employee/plaintiff paid in a lump sum? Also, how does that affect an employer’s insurance rates?

What is considered advance notice of employee's service under USERRA? Must it be written or is verbal notice acceptable? Reinstatement of old job for what period following military service?

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Ford and Harrison

John HaugePartner

jhauge@fordharrison.com

Andrew TanickManaging Partner, Minneapolis Office

atanick@fordharrison.com

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