Ask the Lawyer: January 2012

Q: I have employees that put in patient notes and drive from facility to facility. Do I have to pay them for this time?

A: The answer is yes. If they are non-exempt hourly employees, the law does allow you to pay them a reduced rate for these activities. You must pay at least minimum wage. If the employee works overtime, you still must pay the time and one half for hours over forty. If the employee is exempt salaried employee you do not have to pay additional pay for the additional time.

Q: I have been scheduled for unemployment hearing for employee recently fired. What can I do to protect the company?

A: One aspect employers do not always think about is having an in-person hearing instead of telephone hearing. Employers often believe a telephone hearing saves them time, but in-person hearings allow you to look an employee in the eye and make sure testimony is truthful and accurate. A picture is worth a thousand words as they say.

This article is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. The information contained in this article does not create an attorney-client relationship between Karen McKeithen Schaede Attorney at Law, PLLC and the reader.