QUESTION: I have always cashed my weekly paycheck at a local bank. Now the company wants to force all of its employees, including those of us who are hourly, to sign up for direct deposit. I don't have a bank account, and I don't want one. Can the company force us to accept direct deposit?
ANSWER: Since you are an hourly, or nonexempt employee, your company needs your written consent for direct deposit. Without that, your employer can't legally enroll you in direct-deposit banking.
"Employees who do not consent to a direct-deposit arrangement must receive wages in cash or by check," New York State Labor Department guidelines state. And the employee's consent must be voluntary.
The guidelines include one big exception, but it doesn't apply to you as an hourly employee. Exempt employees, or those who fall into the executive, administrative or professional categories and who earn more than $900 a week, don't need to give their written consent for direct deposit.
Find a polite way to advise your company of your rights. Hanging a copy of this column on the company bulletin board may be one way to do that.
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Q: I have worked for a cemetery for 28 years doing research for genealogy work. I had a hip and knee replacement in 2008, and then I had another replacement on the same knee earlier this year. After my first knee-replacement surgery, I became disabled and couldn't drive to work. So my employer set me up to work from home. I have been telecommuting for about 1 1/2 years.
In March, a new executive vice president and general manager took over. In August, she called to say I should resign. I wanted to continue working, so I requested a letter from her with more details. Her answer stated that since I have been physically unable to work in the office, she would have to terminate me. Is it legal for her to terminate me since I am disabled, or is that discrimination?
A: Whether you can be legally terminated depends on a lot of "if"s. Initially, your company might have been obliged to accommodate you by letting you work at home.
"Employers may have a duty to accommodate known disabilities of qualified employees, under certain circumstances," said attorney Ellen Storch, counsel at Kaufman Dolowich Voluck & Gonzo in Woodbury, N.Y.
The accommodation must be "reasonable," though, and cannot place an "undue burden" on the employer, she said. And here's another wrinkle: An accommodation that was reasonable at one point -- like allowing you to telecommute -- may become unreasonable as the company's circumstances evolve, she said.
If the company's business needs change, the accommodation may become too costly or inconvenient for the employer, she said.
"If continuing to provide the accommodation would place an undue burden on the employer, there would be no obligation to continue providing it," she said.
Perhaps you should have another phone conversation with the new boss to find out what makes your accommodation so onerous for the company now. The added information could help you decide what your next step should be.
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Q: I have worked as a unionized mechanic for 30 years. Instead of starting at 6 a.m., I now start at 11 a.m. I thought that start times were based on seniority. Is it legal for the company to change my hours after such a long time?
A: Unfortunately, unless the change broke a union or employment contract or was discriminatory, the company can change your start time. Is it fair to a longtime employee? No. But it's probably legal.
