TXHRGuy
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[quote user="LHSsoccer13"] TXHRGuy, point well taken. I was assuming that since the original post said that a few people were out, no one would be able to ascertain who it was that had the H1N1 and who was just out. Clearly it would be better to s…
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[quote user="LHSsoccer13"]I don't see the problem for a company to make a blanket statement to its employees that there has been a confirmed case(s) of the H1N1 virus in the office. You are not singling any employee out and/or violating that person…
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[quote user="IT HR"]I participated in a webinar today and the attorney mentioned over and over that with any actions taken relative to H1N1 that we as HR professionals need to be mindful of the legal aspects of things including ADA, HIPPA, etc. The…
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Actually, the more I read on this, the more I'm clear that ADA prohibits this disclosure, including in a recent EEOC letter on this very topic stating both that the employer has no duty to report and will have a liability for disclosure. Here's part…
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[quote user="mbaker01"]I sat through a webinar hosted by SHRM. The attorney, Stephen Woods (Ogletree-Deakins), spoke about this very situation. You can certainly notify employees who may have been exposed to the infected employee without violating…
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[quote user="bwojt@menv.com"]Hi, A few of our employees have been diagnosed with H1N1. We have posters, emails, etc regarding the flu and encouraging people to stay home if they are feeling ill. We also provide employees with a very liberal work f…
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Not all work is a matter of trust, or it does not merit the pay level to attract people who can and will do the work without supervision.Not all work can be done remotely.Not everyone with the flu can perform the essential duties of their job. I jus…
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Are they normally supervised when they work on site? Is the nature of their work such that they can be held accountable for actually having done it? That is, can you tell if they have worked or not? You can use time sheets that the employee has to…
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Too many pronouns, need some clarification: [quote user="HRstudies"]1) The employee is receiving excessive write-ups and complaints by her supervisor after she raised a concern that she was misclassified as exempt under FLSA and asked for overtime …
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[quote user="jodijrl33"] An employee is using the internet at work to access social web sites (myspace and facebook). Can the application on Myspace Texas Hold Em be considered as gambling? Also this employee downloaded Limewire which allows dow…
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It certainly can't hurt to read the statutes in FL but I would imagine you pay the estate. Whoever handles payday law in your state will be able to answer the question. In Texas, it would be the labor board.
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Then they aren't violating your absence notification policy. You'll have to call them to find out whether or not their absence is FMLA qualified. At that time, you should simply request that they also call HR after calling their supervisor or, if …
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[quote user="LR9500"]Our company has a problem keeping up with intermittent FMLA. When they leave a message saying they will be out do we record it as an FMLA absence or should we count it as a pto/vac day? Can we require proof that they were at t…
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[quote user="Deldra"] Thank you Cally! I reviewed the opinion letter and the regulations but they do not not answer my question which is: If after the doctor's review he states she does need to be off on Fridays/Mondays, but may need to be off occ…
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[quote user="Deldra"]Good point but Friday isn't always her "fifth day!" There have been times she is off on Wednesday and Thurday and still calls out on Friday citing FMLA!!! It's clear to me and her supervisor that she is abusing the system. If…
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[quote user="Deldra"]We have a Certified Nursing Assistant (CNA) who is currently on an intermittent FMLA. In checking her attendance records since January 2009, she has a pattern of calling out on Fridays – not every Friday – and some Mondays whic…
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I would guess that retroactively designating leave knowing that surgery is coming up when the cause of failure to designate is company mistake will probably count as "harm or injury to the employee" when you fire them under your attendance policy fo…
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[quote user="HR01"] There are three plants - 2 are union/non-union and the 3rd is non-union. It is assembly only. The labor market is 100 - 200. Employees should have prior assembly experience, preferrably food service. The skills are mostly le…
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Union or non-union?What kind of manufacturing? Heavy? Tech? Assembly only?What is the size of your relevant labor market?What is the skill set required? Is it learned in school or in an apprenticeship setting within the shop? Whatever you do, y…
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[quote user="hbarnes"]You are correct but im trying to take a full time RN and make her per diem. Just need to make sure im doing it the correct way.[/quote] There are tax and record keeping ramifications of per diem pay also, both for the company a…
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I doubt this is something you can require as a matter of policy. It will be determined by the laws of the state in which the accident occurs. Your liability policy probably can, if it does not, include employee drivers. I'm not an attorney but I …
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[quote user="HR Lady"]Thanks for your patience. I found all your posts valuable. [/quote] Very glad to help. [Y]
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I think it would be better to change the holiday pay policy in advance or at least send out or post a notice that it will be handled differently for awhile or that it won't be granted under furlough (and then double the good will by providing the PT…
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[quote user="HR Lady"]If we say that the extra days of leave are for the company's gratitude in hard fincial times, then won't we still have to pay the holiday pay during the week of enrite furlough? This defeats the employee's request to chooose n…
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[quote user="HR Lady"]Thanks TX. Where the salaried employees are concerened, couldn't they be included during the weeks where no work at all is performed, therefore, no salaries are owed. During the upcoming Thanksgiving, Christmas and New Years …
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Sounds OK for hourly employees because such pay is optional for the employer. Definitely not OK for exempt employees because such pay is mandatory if the holiday falls on a regularly scheduled day.
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What's your pay statute say? Normally the method of payment is specified in the law.
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[quote user="PT"]I have a question regarding relocation/moving expenses. A principal in my firm wants to treat them as a loan. Has anyone done this? Can you provide an example agreement?[/quote]SOX may be invoked.Collecting loans from employees is a…
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[quote user="hbarnes"]Yes they provided a written release[/quote] That sounds like the attorney represents your employee. Perhaps you can find out what they want to know so you can better help your employee. If the employee is contemplating suing …
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Did the law firm provide a written release from the employee? That would be a minimum but I generally hold out for a subpoena, especially if I don't know what the action is about.