Al Vreeland
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For on-call time, the answer depends on the degree of freedom they have - checking in every hour is not a high degree of freedom. Other options: You could either pay them minimum wage for the entire 3-4 hours or you could have them clock out for br…
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It depends on the nature of the training. If it is general to the industry (such as a nurse maintaining her licensure requirements), you are not require to consider it time worked. However (and more likely), if it is specific to your business, it …
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You are correct - overtime must be calculated on 40 hour week, regardless of the pay period. There is an exception specific to hospitals, called the 8/80 plan. But that exception does not apply to construction. Al Vreeland Editor, Alabama Empl…
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Generally speaking, they must meet the salary threshhold without respect to any conditional or contingent payments. If they are involved in sales, you may wish to consider the outside sales exemption or the retail/service establishment exemption …
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As long as the employee's primary duty is exempt management/administrative or professional duties the employee can remain exempt. If the primary job is totally supervision and he works 40 hours in that position as long as the employee doesn't work …
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An employee can provide information after the fact which supports the designation of leave as FMLA. You nevertheless always have the right to require employees to comply with your call off procedures, whether or not the leave is FMLA. The fact tha…
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You are entitled to hold employees to your regular, uniformly applied call-off procedure even when the employee is on FMLA leave. Al Vreeland Editor, Alabama Employment Law Letter Lehr Middlebrooks Price & Vreeland, P.C.
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Foster children are included in coverage under the FMLA regulations (825.113). If the need was foreseaable, you can require advance notice (825.302), but I would be extremely cautious in denying leave on this basis. It may be that the suergery w…
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Unpaid FMLA leave does not count toward benefit accrual (which in the case of a DB plan is usuallydetermined by creditable service). Al Vreeland Editor, Alabama Employment Law Letter Lehr Middlebrooks Price & Vreeland, P.C.
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It depends how you intend to use the absences. If it's for purposes of discipline, you may never count an FMLA absence against the employee. Al Vreeland Editor, Alabama Employment Law Letter Lehr Middlebrooks Price & Vreeland, P.C.
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Unlike some states, in Alabama, an employee does not have a legal right to a copy of his personnel file. However, if the manager has done his job (sometimes a big assumption), there should be no surprises in the file and allowing the employee to re…
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Even though you are non-union, discussion of pay between co-workers can be considered "concerted activity" which is protected under the National Labor Relations Act. If you discipline an employee for violating a policy restricting discussion of the…
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You're better off saying nothing. While explaining the hardship is, by itself, not a violation of the law. If he were later terminated for some other reason, he could use your statements as evidence against you that you were upset with him about …
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There are no state statutes in Alabama which limit your ability to search the cooler. The question, therefore, will be whether the employee has a reasonable expectation of privacy in the cooler. If you have a published policy which provides for a …
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Alabama does not have a voting leave law. Of course, check your CBA as well. Al Vreeland Editor, Alabama Employment Law Letter Lehr Middlebrooks Price & Vreeland, P.C.
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Let me confess that this is not my area of expertise. But my partner, David Middlebrooks, who heads our AAP Compliance Group responded as follows: I trust you are speaking about the adverse impact analysis -hiring. Compliance officers can vary on …
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Que No. 1 - - In addition to the National Guard and Reserve, USERRA covers the "Armed Forces" (including active duty) which I read to include Coast Guard. The entrance exams would broadly fall into training or service or preparing for training or s…
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An effort to obtain U.S. citizenship, like many immigration matters, can be a long and tedious journey through the constantly evolving immigration regulations. These matters often require the collaborative effort of HR and outside immigration couns…
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The question is whether the Per Diem is truly an expense reimbursement or whether its really additional income. As you can see from the posts here, people use the term very differently. A pure expense reibmursement (e.g., payment for out-of-pocke…
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Yes Al Vreeland Editor, Alabama Employment Law Letter Lehr Middlebrooks Price & Vreeland, P.C.
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You are correct. Although some states require pay at the time of termination, Alabama does not. Under the FLSA, you must pay on the normal pay cycle. Al Vreeland Editor, Alabama Employment Law Letter Lehr Middlebrooks Price & Vreeland, P.C.
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If you use an outside firm to perform the checks, you are required to comply with the FCRA - which requires certain disclsoures, authorizations and additional disclsoures if negative action is to be taken. It does not, however, require that your po…
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There is no statute which prohibits general harassment, as opposed to harassment based upon a protected characteristic (e.g., race, sex, age, disability). Even if the conduct and comments are neutral on their face, they could still violate Title VI…
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The Waffle House case only held that an arbitration clause could not be used to prevent the EEOC itself from pursuing a court action. The courts still enforce properly drafted arbitration agreements which require employees to arbitrate instead of…
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Pardon the self-promotion - our firm publishes the Alabama Employer's Desk Manual which summarizes all state and federal laws applicable to Alabama employers. A newly updated version of the manual is due out very shortly. If you are interested, yo…
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It's too soon to request recertification. You could request a second opinion (at your expense), but that would only cut off any remaining leave. His leave up to this point would still be protected under the FMLA. Although it's frustrating, the …
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I have seen drug and alcohol policies that provide for discipline for employees who are "under the influence," which is a different standard that testing positive (since THC can take 30 days to metabolize). I wouldn't recommend this standard, but y…
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The answer will depend on whether your policy andCBA allow testing under the circumstances (i.e., reasonable suspicion), whether the Plant manager had reasonable suspicion (or whether he knew it was a blood sugar issue), and whether the CBA allows t…