Question: One of our employees interviewed a candidate today and emailed me afterwards. He was impressed by the candidate, but grew concerned after the candidate mentioned having social anxiety. He wondered whether the anxiety could affect the candidate’s ability to do the job. I reminded the employee that we’re an Equal Opportunity Employer and we …
HR Snapshot – When a Job Candidate Mentions Having a Disability Read More »
Question: We’ve been approached by some local college students who are volunteering to be unpaid interns. Can we bring them on without paying them? Answer from Sarah, PHR, SHRM-CP: According to the U.S. Department of Labor, there are certain requirements that must be met when taking on unpaid interns. These requirements are intended to …
HR Snapshot – What Are the Rules for Unpaid Interns? Read More »
Question: If an employee puts in their notice, can we let them go that day instead of keeping them for the full notice period? Answer from Celine, SHRM-CP: Unless there is a contract or agreement to the contrary, employers are under no obligation to keep an employee on during their resignation notice period or …
HR Snapshot – Terminating an Employee Before Their Notice Period Ends Read More »
Question: How do we calculate whether we’re covered under FMLA? Answer from Margaret, PHR, SHRM-CP: To be covered under FMLA, private sector employers need to employ 50 or more employees for at least 20 calendar workweeks in the current or preceding calendar year. The 20 calendar workweeks do not need to be consecutive. When …
HR Snapshot – How Do We Calculate Whether We’re Covered Under FMLA? Read More »
Question: We have good reason to suspect an employee has been stealing from the register. How should we respond? Answer from Angela, PHR: I would recommend suspending this employee and conducting an internal investigation. You may also want to report the theft to law enforcement depending on the circumstances. An internal investigation generally includes …
Question: Some managers have been continually talking about politics in the office, not taking into consideration anyone else’s political backgrounds and beliefs. It gets offensive at times, but employees are afraid to say anything. Any advice on how this can be handled? Answer from Emily, PHR: In general, a private employer can limit political …
HR Snapshot – When Managers Talk Politics in the Workplace Read More »
Question: We have an employee claiming they shouldn’t be classified as exempt from overtime. If it turns out they’re right, what are the penalties for misclassification? Answer from Kara, JD, SPHR: The cost of misclassification will depend on several factors, such as how many employees are misclassified, how much extra money they would have …
HR Snapshot – What Are the Costs of Misclassification? Read More »
Question: We want to terminate an employee who doesn’t fit with our culture. Can we do this? Do you foresee any issues? Answer from Kyle, PHR: First things first, check your policies and any correspondence (like an offer letter) that have been given to the employee to ensure that you have established an at-will …
HR Snapshot – Can We Terminate an Employee Who Doesn’t Fit With Our Culture? Read More »
Question: Can we require exempt employees to clock in and out? Answer from Aimee, GPHR, SHRM-SCP: While it doesn’t violate the FLSA to have an exempt employee clock in and out, I recommend only tracking exempt hours if there is a business reason to do so. There are some valid reasons for tracking exempt …
HR Snapshot – Can We Require Exempt Employees to Clock In and Out? Read More »
Question: What is the technical or otherwise common definition of an employee’s termination date? Is it the date the on which the termination occurs or the last date the employee performed work? Answer from Monica, SPHR, SHRM-CP: Typically, the termination date is the day that the actual termination occurred. It may or may not …
HR Snapshot – What Is the Technical Definition of an Employee’s Termination Date? Read More »
