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  • Oregon appears to be getting a similar ban State Lawmakers Vote to Bar Credit Checks by Employers 
  • We use the current valid I-9 Form but 1. Put a line through old name (we do not erase the old name), 2. Print the new name and the reason for the change (marriage, divorce, etc), 3. Date and Initial the changes  
  • Thanks to someone else's post on another I-9 topic I found this information in the I-9 handbook for employers:  You DO NOT need to complete a Form I-9 for persons who are: 1. Hired before November 7, 1986, who are continuing in their employment and…
  • Be sure to look at the EEOC's Uniform Guidelines on Employee Selection Procedures. They require employers to solicit information on race, gender, and ethnicity data from "applicants" so that selection procedures can be measured for disparate impact …
  • If the employee wrote something inappropriate and that was directed at another employee it is a serious offense that warrants an investigation. Words exhnaged during a heated argument are one thing, but a hand-written note on a card is even more ser…
  • We give flex sched. employees the preceding workday off if theholidy falls on a day they aren't scheduled to work.
  • CA Labor Code Section 2802 requires that an employer "indemnify an employee for all necessary expenditures or losses incurred as a direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer…
  • Most states don't have any rules on travel away from home but some do.  Which states are you in? Federal FLSA requires compensation if travel away from home cuts across the employee's regular working hours.  It doesn't matter if the travel is on the…
  • Try this Tool from the Department of Labor:  http://www.dol.gov/elaws/overtime.htm
  • We must pay non-exempt employees overtime anytime they work more than 40 hours in a "workweek." There's no getting around that fact.  A workweek is 7 consecutive 24-hour days. Using that workweek you must calculate overtime on a weekly basis (so no …
  • We don't currently have any employees that are eligible for Medicare Part D.  But if we did I believe we'd have to provide a creditable coverage notice at least annually to both Part D-eligible employees and CMS. http://www.cms.hhs.gov/CreditableCov…
  • Are you grossing up wages to pay for the employee's share of taxes?
  • I found this IRS information when researching another question.   From IRS Notice 2009-27 "Involuntary termination is the involuntary termination of employment, not the involuntary termination of health coverage. Thus, qualifying events other than…
  • What does your company's policy on drug use state?
  • From the FMLA regulations "An employee is entitled to any unconditional pay increases which may have occurred during the FMLA leave period, such as cost of living increases. Pay increases conditioned upon seniority, length of service, or work per…
  • Sarbanes-Oxley is outside of my area of expertise, but my understanding is that the law requires companies to have the proper internal controls in place. For instance you need to know whether payroll is so out of whack that it affects your financial…
  • We have never had to deal with this, but how about taking a different track. Since you are concerned about losing these employees and firing them isn't an option, instead of focusing on punishing those who are tardy, how about rewarding those who ar…
  • You don't have to pay an exempt employee for any workweek in which he or she performs no work.  It must be a full workweek. If the exempt employee performs any work (say 1 hour), you would have to pay them the full salary or put their exempt status …
  • Thanks for the tip.
  • The answer to your first question is that FMLA prevents employers from requiring second or third opinions on a fitness-for-duty certification (http://www.dol.gov/DOL/allcfr/ESA/Title_29/Part_825/29CFR825.312.htm)  The ADA requires employers to prov…
    in ADA/FMLA Comment by SFbay October 2009
  • From IRS Notice 2009-27 "Involuntary termination is the involuntary termination of employment, not the involuntary termination of health coverage. Thus, qualifying events other than an involuntary termination, such as divorce or a dependent child ce…
  • I am reading a book on hynobirthing.  The author argues we induce self-hypnosis often in our everyday lives. One of the examples she used was getting so involved in a work project that we get in a hypnotic state.  Maybe this explains your experience…
  • We don't have DOT drivers but I think there are minimum age requirements for interstate trucking and transporting hazardous materials. And some trucking companies have even higher age requirements. This still doesn't explain asking for date of birth…
  • The bigger question is whether it would be your company our the buyer who provides the COBRA. It's a complicated area, and the IRS says it depends on the facts and circumstances of the case. This is something you should talk over with your attorney.…
  • As far as I know, the Internet Applicant Rule applies regardless of the position, the time the job is posted, or whether the position is ultimately filled internally. The Internet Applicant Rule applies as long as the contractor considers expression…
  • I think you are smart to avoid asking for any information that would raise the eyebrows of the EEOC. Even though the executive assistant probably has no involvement in the hiring decision it's best to avoid even asking for the information. For this …
  • The new FMLA regulations have an example of what could be considered "harm" and another for what wouldn't. http://www.dol.gov/dol/allcfr/esa/title_29/part_825/29CFR825.301.htm (see part e)  "For example, if an employer that was put on notice that a…
  • FMLA is complicated so you should read up on it and consult with your attorney.  You generally have only 5 days to notify the employee of FMLA designation once you have enough information to determine it qualifies for FMLA. But the new FMLA regulati…
  • we aren't a mid-sze manufacturing firm but i have a suggestion for dilemmas 1 and 2 -- give the managers and employees an incentive to participate in the performance appraisal system and mentoring system.. for dilemma 1 you can make their handling o…
  • 29CFR541.602 - Salary basis. http://www.dol.gov/dol/allcfr/esa/title_29/part_541/29CFR541.602.htm  "(3) While an employer cannot make deductions from pay for absences of an exempt employee occasioned by jury duty, attendance as a witness or temporar…