Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: What are the regulations for when a workday begins? Is it when you enter the building or your office? A: Generally, the head of each Agency establishes the work requirements for the basic workweek. Check with your human resources office to get a copy of the policy. Under the Fair Labor Standards Act (FLSA), any walking and waiting time that occurs after the employee engages in his or her first…
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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Who can I talk to about an inspector making public profanity comments in a public building to me? As background, I am a contract security guard. An inspector was explaining something to my partner and when I asked a question he yelled at me and used profane language. A: I assume the inspector you mention is a federal employee. As a contract employee, you should report the incident to your…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I have been working without performance standards and my position description, classification and grade does not accurately reflect what I do. OPM has advised that they cannot conduct a review of the agency’s classification program without first allowing the agency to address the issue. The agency has not taken any action. Do we have any recourse to address this issue? A: The complicated, arcane and outdated classification system does depend…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: An employee tells coworkers that he will be taking off for a long weekend, but does not have seniority to receive leave and is on the work schedule for those days. The employee then calls in with an emergency and claims FMLA (Family & Medical Leave) for those same days. Is this FMLA abuse? A: The FMLA rules anticipate that an employee request a FMLA absence in advance. Recognizing that…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Sometimes I am required to travel outside my normal duty hours to perform work at different base that may require the travel to start at 4:30 AM and return to my place of duty after 5PM. This isn’t on TDY but must be done in order to meet the contractors at the site they are working so I can provide COR over site. I have been told that all travel…
The issue of threats in the workplace is a serious matter for managers and for those employees who are subjected to the fear and intimidation that can accompany a threat. Managers have a duty to respond quickly and decisively. But when is a threat really a threat, and what action is appropriate? In the federal workplace, managers and human resources professionals use a five-part formula to determine how serious the threat is. This formula is often referred to as the Metz factors, a name taken from the court case that decided when a threat is a threat. The Metz factors…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: If I am on TDY in Japan and already have overtime hours on the current pay period, can I travel to other countries on my own expense during the same pay period? A: Although I cannot determine all the facts from your question, I assume that you are asking if you can take leave for personal travel once you have completed your requisite number of hours while on an international…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Can a federal agency refuse me workers’ compensation? What is the recourse if I am denied workers’ comp? A: For injuries that occur on the job, you need to complete either form CA-1, “Federal Employee’s Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation” or form CA-2 “Notice of Occupational Disease and Claim for Compensation”. The timeline for filing a claim under the Federal Employees’ Compensation Act (FECA) for…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: What is the difference between a PIP (Performance Improvement Plan) that is designed to help an employee succeed and a PIP that was merely put in place as a necessary step in the termination of an employee? If an employee was hired into a career ladder position and receives satisfactory annual performance evaluations but right before the 52 weeks are up, receives two quarterly performance appraisals with two “LTE’s” (Less…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: The Notification and Federal Employee Antidiscrimination and Retaliation (No Fear) Act states, among other things, that employees who engage in misconduct be disciplined. I filed a complaint with the EEOC and the judge ruled in my favor; however, my manager was not punished. Are you aware of cases where managers have been punished? A: No. And you may not either because such information is protected by the Privacy Act. You…