Chicago1
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I personally have not dealt with this situation, but I would definitely reassign this employee--just make sure she gets an equivalent assignment, not a demotion. If this relationship goes sour, you may find not only that you lose a client, but also…
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Since Obama has appointed Craig Becker to the NLRB, there may be no need for EFCA. My guess is that labor will be happy, at least for a while and the focus will turn to immigration reform.
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I've been reading on BLR and other news organizations that EFCA has been brought back to life with a compromise dropping card check. Does this mean that we should be worried about unionization? It seems like it will be so fast and easy to get reco…
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I think the Democrats owe the unions big time. EFCA may be amended, but it will pass in some form. My guess is that a compromise will include a provision for quick elections (instead of card check), and change or eliminate the mandatory arbitratio…
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I think the examples you cited were on slightly different issues than the narrow exception for major charity solicitation (when a no solicitation policy is in place), which I think is a pretty long-standing exception. But, I agree that it's critical…
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The NLRB does make an exception to the rules regarding a no-solicitation policy for solicitation by major charities. Under this exception, major charities may solicit on the premises on an infrequent basis. However, employers must be careful that th…
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I agree with TXHRGuy that your best bet is to prohibit all types of solicitation if you want to keep unions from soliciting in the workplace. I think it is okay, however, to allow a well established charity, such as United Way, to solicit once or t…
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I got the information below from BLR's COBRA publication, Steps to Compliance. Based on this, your former employees with dental coverage should get the required notices. Premiums for coverage under most COBRA-applicable group health plans are eligi…
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I think you're right that it would apply to exempt and nonexempt employees. Maybe someone can confirm that. You can also check out the CA site at http://www.dir.ca.gov/dlse/FAQ_Vacation.htm.
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Hope this helps. Check our this answer from the the California Department of Industrial Relations' FAQs: Q. My employer allows its employees to take their vacation before it is actually earned or accrued. Last month I took my three weeks va…
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I don't think the FLSA addresses this issue. You should check your state's law on wage deductions.
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I don't see why it wouldn't be taxable income. How does the employer even know that employees are using the $100 for health insurance?
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I don't see a problem with that--assuming the employee is at will. But, have you given the employee an opportunity improve performance? Seems harsh if the pay cut is done without some effort to get the employee on track. Also, make sure that you h…
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Seems counterintuitive to me--if layoffs are happening, you'd think the survivors would be supermotivated to excel at their jobs in hopes of escaping the next round of layoffs. But, if it's any comfort to you, apparently you are not alone in experi…
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I'm with IT HR on this one--it's very tricky to lay off an EE who's been on WC. You may have to consider numerous laws in this situation: WC, disability discrimination, leave laws, etc. I would definitely use an attorney to review all the facts a…
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Private employers are not required to provide employees with paid or unpaid vacation time. So, vacation is governed by the employer's policies, or by a union or government contract that provides for vacation. In case of a company shut-down over the …
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Florida does not have a law giving employees a right to access their personnel files. So, legally you don't have to show the employee the file. At our company, we have a policy permitting employees to see their files upon written request. However…
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If the employee is taking leave to bond with a healthy baby, the FMLA just says that the leave must be taken within one year of the birth. Also, this leave has to be taken all at once--no intermittent leave. But, if the baby is sick, the employee m…
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I got this from BLR's website on exempt employees (assuming you're exempt) -- The employer may not deduct from an employee's pay for less than a day's absence for sickness or disability. But, if an employer, for example, provides an employee with 2…
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Luckily, the new regulations don't take effect until Jan. 16, 2009. At least we have a little time to digest the 762 page document (about 200 pages of actual regulations) the DOL issued. My initial read is that some things are clarified, like what…
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Our company is facing a similar situation. Management is considering shutting down for 2 weeks in January (usually our slowest time of the year). It's okay to force employees to use vacation time--what about other types of leave? Is this conside…
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I've been reading that employers have to be proactive regarding EFCA, but I'm not sure exactly what we can do or say to employees without getting into legal trouble. Anyone have a good source for information on this?
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I'm just reading that EFCA has been introduced in Congress. Does anyone know if this law will affect small companies (under 20 employees)? Any ideas on how small companies can prepare for this--or should we just wait and see?
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I don't think anything's happened with EFCA -- yet. You're right--it's the election that has generated the buzz on this. People on both sides are pretty passionate and they want to get their messages heard before next Tues. McCain says he'd veto …
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Your handbook should be customized for your organization. Generally, though, you would want to include policies on vacation and cik time, PTO, holidays, FMLA, military leave, sexual harassment (including complaint procedures), internet/e-mail, atte…
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I, too, am sorry that you are dealing with this difficult situation. However, from your standpoint, you need to make sure that the ADA is not implicated here before you terminate--especially since you are not sure if this employee has bulemia or if…
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I dont' get how the FMLA will interact with this law. Seems like some employees will qualify under both the ADA and FMLA (especially those with "episodic" disabilities). Sounds like an administrative nightmare.
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Aside from state laws, you need to make sure that you comply with federal labor laws, especially FLSA. If the employees actually worked those hours, they must be paid, including overtime for hours over 40 per week. If they worked those hours witho…
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We could use something like that for the California sexual harassment training. I'm with Barbie--I'd love not to have to fly out to CA to do the training. But we need to keep track of who took it and I think we need a way to make sure that the empl…