(Click a question to review the answers.)


Where should we keep employee records? +

Employee records should be kept in a confidential place where it is restricted to a single employee or department. Certain records such as medical and financial records should be kept in a separate file.

How should an employer deal with the usage of personal cell phones in the workplace? +

An employer should establish a policy governing the use of cell phone. The policy could state that the cell phone ringer should be turned off, personal calls should be made or returned on their own break, and the cell phones should not be used in work areas or public areas.

Do I have to pay an employee for unused sick time? +

Mandatory paid sick leave does not need to be paid out at the time of separation.

Do I have to pay an employee for unused vacation time? +

Accrued unused vacation and paid time off must be paid out at the time of separation even if the employee was still not eligible to take the vacation.

Do I have to pay an employee who reports to work?

If an employee is scheduled to work and reports to work, the employee must be paid a minimum of 2 hours and up to 4 hours.

Do I have to pay an employee who clocks in before their shift starts? +

You do not have to pay the employee as long as no work is performed. Please remember that it is the employer’s burden to prove that the employee was not working. So, don’t let employees clock in until they are ready to work.

Can I require all employees to have direct deposit? +

No, you can offer it but may not require it.

Can I delay payment to an employee that does not submit a time record? +

No, it is the employer’s obligation to pay all wages on established payday.

Can I terminate an employee for absenteeism? +

Please check the reason of absenteeism before acting.

Can you terminate an employee during an introductory period for any reason? +

No, you should always document a legitimate, nondiscriminatory reason for termination.

Do we need to pay an employee for unapproved overtime hours? +

Yes, an employee must be paid for all hours worked. An employer should establish an overtime policy stating that all overtime must be approved. Once this policy is in place you should counsel the employee on unapproved overtime and document that in the employee's file.