TXHRGuy
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The law in the state where the work is done is probably always going to be the controlling concern, which can make for some whacky boundary problems. For example, let's say that your NY employee is dispatched to do something in NJ. While in NJ, t…
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Just pointing out that job relatedness is generally pretty easy to demonstrate. VA, with heavy industry and accident/injury prone mining probably has some pretty hard core cost-cutting and abuse prevention stuff.
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"Playing musical chairs was a team building exercise and refraining from participation would have impacted my career potential with the firm."
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If you do not have EAP, you can try this tactic: "Jack, it's a little awkward for me to bring this up, but a few people have noticed that you are throwing up a lot. I really don't want any illness flying around the office. Are you OK to work?" …
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Although if your FMLA policy already requires concurrent use, be sure that you are not asking for information you are not entitled to until after the vacation time is up. A cleverly crafted vacation policy for vacation use during illness will help …
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[quote user="getgone"]Yes I am exempt, so for the day that I worked 40 mins..I would use some of my sick time to cover it I assume. but what I was also told is that they were being nice in paying me my holiday pay because I didnt work the full day b…
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I advise against using BCBS if you are a multistate employer. If all your employees are in a single state, you should be OK. Their setup and billing practices make them a very poor choice for multistate operations. I've done the monster rate hik…
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Printing small or printing duplex on cheap paper = waiting for the ADA complaint to surface. Manually flipping pages to copy duplex = more green and more labor cost and bad attitudes. I think the committee simply requested something that sounds good…
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If you have an external applicant that already has EA experience, that trump's the internal candidate's recommendation in my view.
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This isn't a disability case: the person is able to work but must miss work sometimes for treatment. There's no reason why the person can't work, if you have work for him or her to do (i.e., don't make work or invent jobs or a spot if it doesn't ma…
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If you have a policy (check code of conduct in particular) stating that employees cannot engage in activity that disparages the image of the Company, that may give you enough of a fig leaf to deny the request but keep in mind that if the employee is…
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Your office manager is correct in that you are liable if the person using the stool falls off it and gets hurt. It's more likely a workers' comp issue than a matter of tort liability or personal injury or legal attack from any other theory since it…
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[quote user="Redbudpt"]IT HR, option # 2 was exactly what I did with our problem employee. He got the hint very fast that we were serious about the offense and the unapproved overtime has ended for now...[/quote] I have another one that works: red…
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[quote user="efeldman"] Since we're going to need to do more with less in 2009, I am looking for simple, cost-effective ways to reward and recognize those people who will be working harder than ever. Any ideas? Anything you have done that was par…
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Glad to help. Keep this in mind: if it weren't for the bad behavior of employees in an ever increasingly complex legal environment, we would not really have a profession as it exists today. As soon as the government passes a labor or employment l…
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[quote user="cappy"] Ok that is a good explanation. However there is one more clarification. Maybe I'm dense after all it is Friday. An accusation is made in the work place and of course the 'victim' must be accorded all of the dignities and entitl…
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[quote user="cappy"]Wouldn't the supervisor that was under investigation have a specific right to know who is the accuser?[/quote] Absolutely not. In fact, it is the Company's obligation to protect the alleged victim, part of which is to prevent the…
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[quote user="IT HR"] I don't think you can keep this from the head of the company. It is their company and they have a right to know what is going on. [/quote] At the same time, telling the head of the company that not knowing is safer for him …
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Training is work as far as FLSA is concerned. Can you demonstrate that this was an optional benefit and attendance was not required?
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That will be a long search because it's sort of like trying to find a round square. If the person is an independent contractor, then they don't have a "job" in the sense of employment to abandon. If the contractor is failing to deliver, look at the …
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In most states a private investigator has no more rights than a regular citizen and in states where they have any power, it's usually very limited, like exemption from loitering laws. In every state, as far as I know, if you say anything to the pri…
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I wouldn't really worry about disparate impact here since there is a good and obvious business reason for exempting billable hour employees. It could, however, raise an eyebrow as to why it is that all the billable hour people are male, which would…
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[quote user="IT HR"]There are some really good changes and then many things they didn't fix.[/quote] I have heard second hand that the reporting requirements are now significantly more burdensome.
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I was having lunch with a friend of mine on Sunday. He's an employment law attorney who specializes in FMLA. He says the amendments and commentary print out to over 700 pages.
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[quote user="HRDir1"]The law says that leave is intended for "the purpose of giving birth" (or adopting). Thus, a reasonable interpretation would be that it is available at the time of the birth or adoption, but not substantially earlier or substant…
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FLSA makes it clear that it's on the employer to record hours worked. If you cannot demonstrate co-employment and foist this off on the contracting firm, then it's YOUR problem their manager didn't sign the sheet, not the employee's. If you have a…
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Vacation is a state-by-state and circuit by circuit issue. In some places (e.g. 9th Circuit), it's earned compensation and, although you don't have to pay it out every pay day as it accrues, you have to give it to the employee when they leave. In …
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[quote user="4179993"] So here is for an awkward situation. I recently accepted a fantastic new position (in this economy no less). Unfortunately, they are letting go the former HR director (hence I am starting). My future supervisor wants my pre…
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[quote user="6374630"]Was wondering how you did -- I just took it -- got a 498 -- need a 500 (out of 700) to pass[8o|][/quote] Like the bar exam, a lot of people fail it on the first try. I've never taken it but my wife did and she said it was toug…
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You have larger problems than him poking his nose into your business. For example, the FLSA implications of him sneaking in and doing work on Company premises. Is he being paid? What about FMLA: has the paperwork been done and is his time being c…