Human Resource Blog

There is not enought information here for us to make a determination. The best bet is for the employer or employee to contact the EEOC, the Equal Employment Opportunity Commission at www.eeoc.gov.

Under the Americans with Disabilities Act, an employer must make reasonable accommodations for a worker who is disabled. But, the EEOC definition of disabled is pretty strict. An employee must be unable to complete one or more basic life functions — like bathing themselves, taking public transportation, using a phone book, shopping for groceries or preparing food — to qualify as disabled. If this employee was disabled under the EEOC definition, it is possible that the employer would have to provide a chair.

The doctor may also not be completely aware of the desk clerks duties. Often desk clerks must move around behind the front desk to fetch different tools and supplies for guests. They may even have to go to different departments to find towels or other requested supplies. So it may be that even with this accommodation, the employee is in danger of injuring herself — or is unable to complete the essential functions of her job.

This is probably a violation of federal HIPAA regulations, which require that employers have limited access to an employees medical information, and that they keep that information private. In this case, the employer has no legitimate need to know the employees medical condition, which would be revealed by a list of medications. For example, an employee who disclosed their use of certain drugs would be cluing the employer into the fact that the employee is HIV positive. Sadly, some employers would use this information to discriminate against certain workers, even though iit is not legal.

One way for the employer to handle this would be to ask — not require — that employees submit a list of medications that they might be interested in, anonymously. Even then, it is somewhat problematic. We will give the employer the benefit of the doubt, that they are trying to find a plan that includes everyones prescription drugs yet keeps costs low. But this is not the way to do it.

It would be illegal to fire an employee for refusing to share this information, because the employer cannot legally require the information.

You’re right — under HIPAA, the employer is legally prohibited from sharing your personal medical information with anyone. This even includes most people within the company. Medical information must be kept in a secure location and not disclosed. You can report violations of HIPAA to the US Department of Labor. Find out more about HIPAA here: http://www.dol.gov/ebsa/newsroom/fshipaa.html

This will depend entirely upon what state you are in. While more than 50% of US states have some type of anti-smoking statute, there are still states where it is legal to smoke inside the workplace. In other states, you can’t smoke inside the workplace, but you can smoke 1 inch outside the door. Other states such as Illinois, Ohio and New York require smokers to be at least 15 feet from the door.

For a more specific answer, please post a question mentioning your state.

Under both federal and Illinois law, paying employees with a check that bounces, is the same as not paying employees. It’s a violation of the federal FLSA, the Fair Labor Standards Act or minimum wage law. That’s because paying an employee nothing, is paying less than the minimum wage.

Illinois also has a minimum wage law, which the employer is violating.

Put another way, the employer is not responsible for writing a paycheck. The employer is responsible for getting the money to the employee.  This includes actually having the funds in the bank to pay the employee.

Under the Illinois Payday Law, employers must by law pay workers on payday. An employer who issues worthless paychecks is not paying workers.

The employer is probably not responsible for employee’s bank fees or higher credit card interest, although a responsible employer would reimburse workers for them. However, a responsible employer wouldn’t write bad checks in the first place.

The best recommendation is for this employee to take two steps. The first step would be to report the employer to the Wage and Hour Division of the U.S. Department of Labor at   866-487-9243, or file an online claim for unpaid wages with IDOL, the Illinois Department of Labor.  If anyone can force this employer to meet payroll obligations, they can.

The second step would be for the employee to look for a new job, even if that involves quitting this job. This employee should ask herself, “Why do I want to work for someone who is not paying me?”

Continuing to work for the employer doesn’t make payment for past wages more likely. By law, the employer is already required to pay those wages. On the other hand, if the employee continues to work, and the business closes, she may lose 12 week’s of back pay instead of the current 3 weeks of back pay.

It’s easy for an employee to get caught in the trap of working for nothing and accepting the employer’s promises of future payment, but it’s a sinkhole. Once an employer’s cash flow problems are so severe that he or she can’t pay employees, and can’t borrow the money to pay employees, the business seldom recovers.

A responsible employer will lay off workers temporarily rather than have them perform work that the employer can’t pay for. This employer’s actions suggest that he or she is irresponsible.

Laying workers off for a month in this situation would not be a “threat” – it would be a kindness. The employees would be able to collect unemployment, and have time to look for jobs where they actually get paid.

Under unemployment regulations in Illinois and most states, a worker who quits “for good cause” can collect unemployment benefits. Not being paid is definitely a “good cause” for quitting a job. 

The employee should be aware that the employer’s promises of future payment probably mean nothing. If the employer goes bankrupt, there is a chance that the worker will never be paid for the hours that he or she has already put in.