TXHRGuy
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An employee who has "figured out the system" isn't doing anything wrong. If the system isn't working right for you, change it. Be aware that changing your attendance system because you do not like the way it interacts with FMLA may open you up to…
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Take a look at askjan.org - JAN is the job accommodation network. If you don't find anything there, the employee or her medical provider may have some ideas. Dyslexia is a visual phenomenon. Perhaps software that reads the documents to her (if th…
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I do not like switching people from exempt to non-exempt status when they must work part time. It creates the appearance that the job is a pay-for-time rather than a pay-for-ability position. Reducing salary is fine, but it should not be due to a …
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Even if you are not subject to FMLA, you can still put her on unpaid leave and let her come back to her job when she is ready. Termination is a possibility, but not until you address ADA concerns. Under ADAAA, short term disability, such as impair…
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Yes, an absence for personal reasons other than illness or accident is permissible, and the employer has no obligation to pay under the Fair Labor Standards Act. You should check your own state to be certain but, from a federal perspective, the empl…
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You are correct, they do NOT have to be work days. That's why it's important to stay on top of Monday absences. If the serious illness began Friday after work, then you have your three days with only one visible day of absence to the employer.
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Raise the issue with HR. If you don't agree with HR's position on the matter, call the Department of Labor. Be aware that after two years, you may be beyond the statute of limitations to recover anything. You would have to talk to an attorney about…
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There is no legal reason based on job title alone that prevents you from laying off any employee. If you have one foreman too many, you can lay one off. I do not agree that you should lay off the least senior foreman: I think you should lay off t…
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Unless the employer is governmental, you have no chocie but to pay the overtime.
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Judgment and discretion is the hallmark of FLSA exempt status. That's not something you document so much as something you establish by practice. You should speak more with your attorney about whether the way those employees are managed would meen …
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(1) indefinite and permanent are not the same thing. Do you know if it is permanent yet? (2) have you considered other things you may be able to do to reduce the employee's stress? Creativity in accomodation is a good thing. Take a look at askjan…
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If you are in a small company, you probably cannot afford a HRIS. If you find a simple, cheap, HRIS detached from payroll, please let us all know!
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That's a very narrow area. You probably need to talk to counsel, DOT, or a HR expert with substantial DOT experience. We used to have a pretty lively DOT crowd here. Maybe one will chime in soon. Things can get quiet around the holidays.
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Better check your state labor organization's website. You can bet that you are not permitted to fire someone who is out on workers' comp for such a short period.
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Are you trying to base the bonus on new customers or increased revenue or both?
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Whether you tell anybody or not, the Company is on notice that you are pregnant because one of the partners has actual knowledge of your condition. Based on what you have said so far, I don't think you have any duty to say anything to the Company. …
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[quote user="tarabarnett"] Is it required that we make an FLSA adjustment on a monthly bonus that is rewarded on safety? This bonus is soley based on if the employee was injured during the month, incured an attendance points and length of employem…
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[quote user="4318083"] Hello, How have you handled a situation where an employee is in Jail, and no show / no calls fro days in a row? I would think we followi the normal policy of attendance for no show / no calls. j Then if the emnployee comes i…
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Some states essentially require that you give the EE a copy of anything he or she signs. As a general rule, I give out as little documentation as possible for any reason at any time.
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Check with your company's HR. Maybe there is a book. Maybe an intranet. We cannot answer your quesiton with the information provided.
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Insubordination is this: Supervisor: "Perform task X." Subordinate employee: "No." Bad attitude and insubordination are not on the same footing by any legal standard. What disciplinary or coaching steps have you taken with the employee who has an a…
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[quote user="new2hr"]Good morning,A few months ago, we implemented a new travel and expense system. This program allows the Accounting department to better analyze how travel funds are being spent. I headed the implementation and execution of the …
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[quote user="HRforME"]I would not have any policy that allows any confidentiality at all in company-related emails. The employees should have personal emails if they want to send personal information. Of course HR and Legal are probably two departm…
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I believe that PA requires furnishing the final check on the next regular payday. I know that some companies do change pay method for the final paycheck, and I can't think of a reason why doing so would not be acceptable so long as you comply with …
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If the employer wants to change their pay period once a year, they can do that. It's not clear to me from what you have said that you have been shorted a day. if you have been shorted by a day, they owe it to you. Ask payroll to explain it to you…
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[quote user="mav"]It was two full days of closure. I have two concerns.1) We do not have PTO, we have vacation time, sick time and personal time. All three are addressed in the employee handbook and have rules associated with them. Sick time is the …
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From a federal perspective, there is no problem with forcing people to use vacation or PTO. Therefore, if you close for inclement weather, you can charge exempt employees' PTO banks. However, if an exempt employee has insufficient PTO available to…
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I would put a GINA safe harbor blurb on any request for medical information of any kind.
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Here are 3: WARN actCo-employment obligationsIssues with temps becoming non-temps because they are effectively hired on a "permanent" basis
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Non-DOT drug testing is a highly state-specific topic.However, if you intend to run random testing, I recommend that you contract out the entire process so that selection and timing of testing is not determined by your company. The drug testing com…