SFbay

About

Username
SFbay
Joined
Visits
0
Last Active
Roles
Guest, Member

Comments

  • OSHA gives this answer for days away from work but I couldn't find anything specific to restricted work days:  1904.7(b)(3)(ix)If a case occurs in one year but results in days away during the next calendar year, do I record the case in both years?…
  • Basically the regulations give us a little flexibility in how we account for FMLA leave but prevent us from charging employees for FMLA leave when they were in fact working. Say your time system is able to handle FMLA leave in 6 minute-blocks. Howe…
  • Vacations and holidays don't fall under the definition of an ERISA welfare plan and therefore aren't covered by ERISA.
  • Sheila, you have a couple of options. This is from the state website ...  How do I provide my employees notification of the EITC and what should I provide them? The law states: The employer shall provide the notification required by handing direct…
  • I don't have any first-hand experience with the H-2B program but I know there is a lot fo demand for this type of visa.  I found this on the government's website ...  The H-2B visa category allows U.S. employers in industries with peak load, season…
  • You'll have to check your state law.  We are in California and I don't think we could have a policy that makes employees forfeit vacation at the end of each year (but we can have a cap on how many days you accrue before you have to burn one). Has yo…
  • You sound like you are in an awkward position. First question, would you have a problem with a male employee working at the bar?  If it is legal work and does not violate company policy (it seems to violate none of your policies), I would approve it…
  • The Job Accommodation Network might be able to help you.  Its site seems to be down but when it reappears you can find it at http://www.jan.wvu.edu/empl/index.htmhttp://www.access-board.gov/
  • You can store I-9 Forms electronically. The signature may also be made electronically. The Department of Homeland Security points employers to IRS revenue procedure 97-22 for guidance on electronic storage. http://www.ice.gov/pi/news/factsheets/i-9…
  • I won't claim to be a tax expert but I think your colleague is correct. The IRS treats cell phones as "listed property," which has "implications for depreciation deductions taken by the business and the computation of net income." (http://www.irs.…
  • I agree with the previous post.  You must pay for time worked and it's your responsibility to track hours worked. If there is a dispute, the burden of proof will fall on your shoulders.  Pay the employee and then speak with the employee and remind h…
  • We don't have an office in Texas, so I can't attest to the legality of it.  But ... I  wouldn't want to do it at my company. I think background checks on current employees are usually limited to transfers to a new position where security is especial…
  • We haven't moved to an alternate workweek schedule, but I would imagine some employees would love it (save on gas, possibly childcare costs)  and others would dislike it. As with any change you will want to come up with a strategy to communicate it …
  • I think some companies try to offer the employee about the same level of living as he/she has in the United States and offer some benefits to help make the move easier, including language classes, a bonus upon completion, housing allowance etc.You c…
  • I just looked and New York doesn't seem to have a state FMLA law, but I believe religious organizations are covered by the employment related provisions of ADA. Flexible leave is one type of reasonable accommodation under ADA.  I found this opinion …
  • I believe your ability to recover the loss through a paycheck deduction is very limited and depends on your state law.  The agreement might be unenforceable.
  • The regs state that an employer may request subsequent recertifiction of medical conditions when it "receives information that casts doubt upon the employee's stated reason for the absence." I don't know whether another employee's statement that the…
  • You should report it to your HR people who should remind managers to keep information about discipline confidential
  • It appears you are asking about a nonexempt employee. I don't know the law in New York, but federal law requires you to pay nonexempt employees for all "hours worked." I believe you'd have to pay the employee for all the time he/she worked that day-…
  • I thought everyone would get a kick out of this article on Halloween: http://www.washingtonpost.com/wp-dyn/content/article/2007/10/16/AR2007101601873.html   
  • I think there is a more important question you all have missed.  Is this board's "Johnny Bravo" going to go to work dressed up like his/her namesake this Halloween? Inquiring minds want to know.  Make sure those bell bottoms comply with your dress c…
  • You should read the following wage order from the state.  Go to the section with the title 5. Alternative Workweeks: http://www.dir.ca.gov/Iwc/SummaryInterimWageorder2000.html 
  • I attended a conference where an employment attorney stressed that you should never dispose of an active employee's I-9 form. She said a lot of employers make this mistake. It would be a violation of the law.
  • This is outside my scope of knwoledge, but I did a quick Google search and found some information that I hope helps.  Here are the regs on the farmworker exemption: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_780/Subpart_D.htm You may also want …
  • We have two floating holidays that employees can use at any time. I have heard of some employers using all floating holidays but we continue to use both designated holidays and floating holidays. It seems to work well.
  • I think you'll have to check your state law about when and how often employees must be paid their wages. I also read a recent article about IRS rules on this situation with teachers, but I am not sure if it also applies to bus drivers. I hope this l…
  • If you are giving your managers harassment training in California, the state has this to say:(A) A trainer shall be one or more of the following: 1. “Attorneys” admitted for two or more years to the bar of any state in the United States and whose p…
  • I am lucky and have never worked for an abrasive manager. *knocks on wood*  That said, I know some managers who should take this test.  We've tried to open their eyes to their behavior, but maybe this test will do the trick.
  • I wouldn't go to this guy for recommendations ... Does Your Workplace Need a 'Funsultant'? Not likely, if you read "Are We Having Fun Yet? The Infantilization of Corporate America" by Matt Labash, who rues the fact that fun as a core…
  • You may also find some useful data in these two places: http://www.ilr.cornell.edu/globalcallcenter/upload/GCC-Intl-Rept-US-Version.pdf http://www.bls.gov/news.release/jolts.toc.htm  
    in Turnover Comment by SFbay August 2007