TXHRGuy

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TXHRGuy
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  • Could/Should have something in your non-disclosure policy, electronic communications policy, and/or non-disclosure contract.
  • Generally, you can't count time as FMLA time if the person on leave was not actually supposed to be at work.  There are a couple exceptions and they can be found in 29CFR825.200(h):     (h) For purposes of determining the amount of leave used by an …
  • Well, if you eliminate the position but then start looking for someone to fill it, that could cause trouble.  Why?  Because the reason for separation was "position eliminiation" but the position clearly wasn't eliminated because the Company immediat…
  • 9 days I think may be a record long wait for turnaround on a post pulled aside for approval by the staff. [:S]
  • OK, you originally asked for info  on having a tobacco free workplace for customers but not employees:   [quote user="HRFLDist"]We are considering a tobacco free workplace policy but we also have a lot of customers who smoke....does anyone have any …
  • [quote user="HRFLDist"] This is actually an employee health concern we are trying to address.  I agree with you....I feel it would be hard to tell employees they can't smoke but then allow customers to do it....the owner is concerned the a customer…
  • If it were 100% no tobacco, it would be easy to just stick it in the drug and alcohol (and now tobacco, too) free workplace policy. Since the employer is clearly not concerned about exposing employees to smoke and only concerned about employees smok…
  • [quote user="regdunlop"]this practice could jeopardize their exempt status because their pay would be affected if they had no time left in their PTO bank. deductions from pay can't be part of the disciplinary process because the infractions aren't s…
  • The Company does not have to blindly accept the employee's HCP's disability finding.  It sounds like HR has already made up their mind, hopefully AFTER entering into an interactive discussion and simply rejecting the HCP's finding and the supervisor…
  • I do not know the state level sensitivities on this issue. I have had an attorney reviewed policy in the 5th and 8th circuits saying that if you miss work for any sort of unplanned health care, then you must have a return to work authorization from …
  • I don't think it's illegal to outsource their sales group.   If what they did was take their existing employees and convert them into contractors, that could be more difficult because it can be made to look like a play at dodging FLSA.
  • The different EIN shouldn't matter as they are owned by the same entity, meaning there is a central body that has access to all the info anyway. Strip away the corporation and imagine that Bob owns a hardware store and a lawn care business.  Frank, …
  • Are the two companies involved here under the same ownership?
  • [quote user="gi_janearng"]I don't think I need to do anything to accomodate him as it appears to me that is being taken care of and is doing his assigned job to standard.  I also don't think there was an improper medical inquiry.  I just feel that t…
  • Do the comments suggest to you that the person being evaluated has or is regarded as having a disability?  If so, apply ADA.  There may not really be anything for you to do.  The review now has to be filed with medical docs, and you might want to dr…
  • Is the tax levy state or federal?
  • [quote user="pindert"] I must write a SHORT (the audience has no patience for "extraneous" details) bullet-point outline of the reasons why an employer should not terminate an employee who has just requested a FMLA/STD leave for his own serious med…
  • SF Bay has the right federal info.  I'll add to that only that it means "calendar week" - you can be off for 21 days and still end up paying for the full first and final weeks of the period if they are only partial calendar weeks.
  • In my opinion, pretend salary pay of non-exempt employees generally creates more problems than it fixes.  I say pretend because the way non-exempt "salary" pay works often doesn't really follow the FLSA description of salary, particularly relating t…
  • [quote user="ddnicole"] We have cut everyone hours to 32 per week due to a drop in sales.  We are paid on a semi-monthly payroll and pay ee's up to the day.  My question is: 1. some pay periods we have 72 hours worked and others we have 88 hours wo…
  • Doesn't BLR's comp survey include NFP?  I haven't looked at it in a couple years.
  • [quote user="HRBaby"]The president wants us to start listing voluntary and involuntary terminations in our company monthly newsletter.  I think that's crazy!!!  There is no added benefit to it, unless it's someone retiring.  What would you do?   [/q…
  • [quote user="regdunlop"] basically the americans with disabilities act requires that for an employer to exclude an employee from the workplace based on a disability, the employer must obtain objective evidence that the employee poses a direct threa…
  • [quote user="HRFLDist"] When our current security cameras were installed I was unaware that all managers (except HR) were given access to live and historical data.  I am very uncomfortable with this because the other day the purchasing manager calle…
  • I have never worked in a medical setting so I cannot claim to fully understand the power structure or political environment.  That being said, I would generally take this to HR once Dan opted not to have an open dialogue about it.
  • I'm not much into "feeling" or "valuing" on items like this. I'm much more in tune with "fair and even" If your policy says you owe her this money while she is on furlough, or medical leave, or whatever the cause of her absence may be, then you sho…
  • My $0.02: the card is only as meaningful to the candidate's job search as the conversation that gave rise to the opportunity to hand it to someone.
  • It's always nice to have someone handy who knows local laws!   I see that you say this employee is adequate but not outstanding.  Consider this, in a Company of 5 people, an adequate employee may be a real shining example elsewhere: don't be in a ru…
  • [quote user="6380514"] Our exempt employees currently accrue PTO hours based on FT (30+ hrs) or PT (20 - 30 hrs) employment.  PT accrue at 1/2 the rate of FT.  So, question - how do you calculate your PTO?  We have an employee who's looking at goi…