TXHRGuy
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[quote user="cappy"][quote user="mikeerdas"] How does one, and should one, accommodate a high-performing employee with a strong work ethic who asks to take a "trip of a lifetime"--a long vacation lasting ~3-4 weeks? Is it something to seriously cons…
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However, trucking has an established industry standard of using a mixture of employees and contractors doing the same work. However, I'd think you'd need or, at least, certainly want a good business reason for doing so (e.g., can't afford another t…
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[quote user="levitruck"] We run a trucking company and our driver wants to switch from a w4 employee who we take taxes out on to a 1099 emplyee who handles his own taxes. How do I change this? Will it cause a red flag at IRS? Thanks for the help![/q…
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"Deemed resignation" is what you are looking for. The standard of 3 days' failure to appear for work or contact the employer being adequate to deem the employee to have resigned their position is case established. That's why nearly all policies on…
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There's some over-complication going on here. If you want to suspend an exempt employee for other than major misconduct as described by DOL, you have to suspend them in whole calendar weeks and you can do that and not pay them a nickle. If that is …
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[quote user="cappy"]Yes that is correct; municipal governement. We are in a right to work state so we are not covered by a CBA.[/quote] "Right to work state" simply means you are in a state in which it is illegal to have a CBA that requires the emp…
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If you are paid every other week, there will be an extra paycheck in some years. The Company can legally argue they are paying you at the same salary rate even though they are reducing your paycheck to compensate for the additional check. I'm assu…
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The wording OP provided says if you specify color, it's a uniform. The more typical, non-CA rules which generally allow that if the clothing is something you might wear outside of work, then it is not a uniform is not in play here. I believe that t…
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I agree with Cappy. In general, I wouldn't do anything to reduce the Company's rights under FMLA by voluntarily taking myself out of the picture. The longer you play in the HR sandbox, the more you will appreciate the need not to make exceptions …
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[quote user="CarolL1999"] So what you both are saying is that the purpose of the statement I asked about is to protect the employer even if they asked an illegal question? I hadn't even considered that possibility. (and would be surprised if that …
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In what year did you graduate from HS? In what year did you graduate from college? What is the name of your spouse? Do you have any children?
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I don't think you have any legal concerns with having that policy. I think you may have legal concerns when it is later enforced unequally. If you can ensure that it is enforced fairly, it's a nice thing to do for your employees. I would put a mi…
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Will email you later this week. Happy 4th!
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Are you certain that it is merely BO? There are odor causing health issues that are covered by ADA.
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The rules vary from state to state about what contexts qualify a person to make a claim in their state. When I worked for a Texas firm that was based in Arkansas, had I been laid off, I would not have been eligible to make a claim in Arkansas becau…
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[quote user="MDHRGirl"]In the state of Maryland, is it legal to allow a special agent conducting a background check on a former employee review their personnel file? Do I need a signed authorization from the former employee to release the personnel…
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One of your committee members is concerned that supporting an ADA walkathon could spawn ADA concerns for your non-profit organization?
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[quote user="cappy"] TX I appreciated the [Y] +1 on the other post. Thanks.[/quote] Even though, as HR Professionals, we all know that everything we see on the Internet is true, I think it's helpful sometimes for OP to see "general consensus". We'r…
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[quote user="IT HR"] The employer has the obligation to notify the employee that this illness and subsequent absences could qualify for FMLA. Even though you are pretty sure this would qualify, until you get the documentation from the employee then…
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You cannot deduct in partial day increments from a salaried employee's pay. Only for full days missed except fue to illness or injury, in which case you can only deduct in accordance with a bona fide sick leave plan. As you have no bona fide sick …
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Keep in mind that as your percentage paid goes down, your participation rates may go down, which can cause you to lose group status and force you to stay with the same carrier or in some states drop your coverage all together. Reduced participation…
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[quote user="dsi1"] I am against micro-managing but it looks like it may be needed to get people inline. I do like the suggestion of promoting someone into a supervisory roleand that may help the issue.[/quote] Supervision and micromanagement are no…
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Don't take this the wrong way, but it could be a case of needing better management! The rule of delegation is to check back. Have you considered walking in occasionally and rolling up your sleeves to meet with each person so you can find out where…
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BLR has a salary increase budget survey. :-)
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[quote user="californian"]I would just quote the requirements of the agreement verbatim. Hopefully the agreeement says something like "upon expiration of this agreement, all Teachers/AAs are required to reapply for their positions within XX days." Q…
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Rescinding an offer is generally far more dangerous than making or failing to make an offer. I agree wholly with SFbay if you really want to pursue rescinding the offer. An alternative route would be to counsel this person when they next appear, …
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[quote user="cb499"]We allow exempts and non-exempts to go up to 24 hrs. in the hole for emergencies (and have not yet run into the situation of needing it paid back) and beyond that, it's considered leave without pay regardless of whether the emplo…
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Many companies won't let you borrow against your leave bank. Probably the vast majority and, of course, it's because it's difficult to get paid back and generally the $ lost is more expensive to recover than to write off.
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If they are employees of your company, your company is required for all the employment paperwork, even if the employment is intended to be temporary based on project completion or a time frame. Having them sign a document that indicates that they a…