|  We issue our non-exempt employees uniforms, which are required to be worn during the workday. One of our employees resigned and did not return her uniform. As we haven't issued her last paycheck yet, can we hold the employee's paycheck until the uniform is returned?
 No. Employees must be paid all monies earned except for mandated or appropriately authorized deductions. Many states specify when employers must pay employees who leave the company, voluntarily or involuntarily. In New York, wages must be paid to all separated employees no later than the next regular payday for the pay period in which the termination of employment occurred. In addition, commissioned salespeople must be paid the final pay within 5 business days of termination of employment. Commissions earned, but not due at the time of termination, must be paid within 5 business days of the date they become due. Our company currently has only 22 employees but we are hiring and plan to be at about 55 employees by the end of this year. I know that some laws apply to companies of a certain size and we want to be sure to address any regulations that apply to us as we continue to grow. Can you help us with this task? Congratulations on the growth of your company. You are correct that various laws apply depending on the number of employees. We are today mailing you our free "Companies are Never Too Small for Employment Laws to Apply." This booklet specifically addresses federal regulations; however, there may be local or state regulations that also apply. Whichever is most favorable to employees always applies. In addition, there are some fundamental policies that your company should have in place that can protect you from possible exposure to litigation. Please contact PMP and we can discuss this further. Turnover is becoming an issue and we need to do something to retain our employees. How can PMP help us? Turnover can hurt a company's bottom line. PMP can assist you putting into place solid and practical solutions resulting in higher retention. It is a known fact that poor management skills are always at or near the top of a list of reasons employees leave their company. PMP offers cost effective personalized training that is the first step a company needs to take. PMP has experience in analyzing and implementing other practical and effective measures including the development of fair policies and procedures that have proven to greatly increase employee retention. Contact PMP to receive a chart showing some of the true costs of turnover and what can be done about it. One of our employees resigned before we had a chance to terminate him. If we receive a request for reference or employment information, can we refuse? Your Company should have an established policy concerning employee references. Although there are some exceptions based on local regulations, as a rule of thumb, your company policy should state that: - Requests for information should be in writing.
- Only one person in the company should be designated to respond to requests (usually someone in HR).
- Limit the information provided to dates of employment, last position held and final rate of pay.
- Provide references only if the employee signs an authorization that also releases the company from liability.
- All employees should be aware of the policy.
- Apply the policy consistently.
Due to reduced orders, our company has instituted a no-overtime rule for non-exempt employees unless they receive permission from their department manager. One of our employees worked three hours of overtime after this rule was put into place. Do we have to pay him the overtime he worked? Yes, even though he violated company policy, the company must pay him overtime pay for the three hours worked. But you have a right to discipline employees who don't follow your rules. From the Department of Justice, Civil Rights Division, Disability Rights Section FAQ Can an employer deduct from employees wages for lost equipment? In New York, an employer may only make deductions from the wages of an employee where such deductions are (1) made in accordance with the provisions of a law, rule or regulation, or (2) expressly authorized in writing by the employee and for the benefit of the employee. Deductions for employee benefits include items such as payments for insurance premiums, contributions to pension plans, and payments for union dues. An employer may not deduct for the value of a tool belonging to the employer and used by the employee during the course of employment even if it was lost or damaged by the employee. This type of deduction from wages applies to items used during employment such as tools, equipment, and uniforms, and is not permissible even if the employer gives notice to the employee that the item lost or damaged would be charged against him. www.pmphr.com | 
