TXHRGuy

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TXHRGuy
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  • Many businesses have a policy prohibiting scented stuff including but not limited to dried flowers, perfume, cologne, and even underarm deoderant.
  • Many if not most employers do not deduct from leave banks for partial day absences.  It's an administrative pain and the practice is not popular with salaried employees.The employee's own desire not to clock in and out is not a great reason to chang…
  • It doesn't really matter what the guy signs if he breaks your employee's nose, given that you have already acknowledged to your employees that you are concerned about this guy presenting a risk of violence.  Consider using an intermediary to pick up…
  • Quality Supervisor + Nice but not Extravagant Reward = Good OutcomePoor Supervisor + (Junk or Envy-Drawing-Gift) = Poor OutcomeBad supervisors make bad choices.  They do things like reward the least effective team member for a single visible contrib…
  • Why would you not track someone's tenure, unless you are doing it with paper and pencil?
  • In the absence of an individual or collective contract with the employer, they can do this.  They're paying you, not the other way around.
  • The fee aspect is really a payroll question, not a HR question.  Even so, I believe the administrative fee that can be charged for handling a garnishment is regulated in most if not all states, and $25 is higher than anything I have ever heard of.  …
  • If your offer letter was one that had a line on it for you to sign if you accept the offer, then it is highly likely that the offer letter is in your employee file and that you have a right to copy it.  If nothing else, you have a right to inspect y…
  • At the top of the screen, as you read this, click on Training, then on HR Training.  On the new screen, select "Diversity."I have had good results using BLR training materials.
  • Have you reached a conclusion about this supervisor based on a thorough investigation, or are you taking the complainants' word at face value?How you handle it is a matter of philosophy and risk aversion that we cannot decide for you.  There are man…
  • There is always room to sue.  The more desperate and clever the plaintiff's attorney, the more miserable and expensive will be the defense.The important factor is whether the employee has been led to believe his leave is FMLA leave.  I know there ha…
  • The deaf people I know use "deaf."  The one guy I know who uses hearing aids refers to himself as "deaf."
  • [quote user="OkieHR11"]Thank you all very much for your comments.  I calculated that the employee will only be eligible for 36 hours of leave at the time of her due date if everything goes "normally".  This situation is hard because I do not think t…
  • Check the EEOC's FAQ on pregnancy discrimination.  Generally, you have to treat temporary disability from pregnancy related issues the same as any other medically induced temporary disability.  If you had an employee who was not FMLA eligible who ha…
  • Anything like that would be state-specific.  In general, because the employer controls scheduling, a person on your payroll with few or irregular hours is just a person on your payroll with few or irregular hours and there's nothing special you need…
  • I don't have any state specific information. There is a common misconception that "casual labor" can be paid in cash with no payroll tax obligation.  However, you still have to collect and pay payroll taxes. 
  • Retention issues. Disparate impact issues. Poor morale. If the people are not managers, you cannot stop them from talking to each other about pay and benefits and can face headlines and expenses in a NLRB proceeding if you try to prevent them from d…
  • On further research, it appears that there is more flexibility under the law than I had thought.  However, as a practical matter, it can be hard to play pick and choose.  The insurer wants a lot of healthy gamblers both for revenue and to spread the…
  • Typically, the same benefits have to be offered to all the employees at a single location. I'm not sure why employees would have a different deduction on the same plan.  I have seen a pay increase to offset the standard deduction.
  • Most things are not "required."  If you have a general policy on applications, or if you find the current applications used by the former employer to be inadequate, I imagine you can make everyone mad and have them fill out new applications.  As far…
  • Whatever vendor you use, ensure that they (1) claim to be compliant with EEOC Uniform Guidelines on Selection, (2) will defend you against a lawsuit resulting from use of their instraument, and (3) Will provide you with a certificate as named insure…
  • I believe the 90 day stasis period is within the broad scope of a "bona fide" plan - there are DOL interpretive letters that suggest a very broad scope of plans and vesting periods are acceptable.  Whether a 90 day stasis period is desirable is a ph…
  • [quote user="6475429"]Our only locations are CA-4 employees, RI, 13 employees (4 temp staff from agency) and 11 in NY.  Each are there own entity but we are all commonly owned so I believe I have to look at everyone when reviewing these policies.  D…
  • That depends on your answers to the questions I listed, above.The two important questions are "how do I count the 50 employees" and "how far is 75 miles?"  Right now, we still do not have enough information to determine if you have met the fifty per…
  • After 700 views, I'm surprised there has been no response. It looks like your company has a total of 28 employees.  Do you have any other employees in any other locations?  Is the business you are talking about owned by an entity that has other oper…
  • You don't need to provide medical benefits to have a medical file.  FMLA information, workers' comp information, and drug tests are all medical information that, under ADA, must be filed separately from the employee files.  Many people take that to …
  • Each bit of EE file is subject to records retention requirements. If you are doing permanent layoffs, they employee is fully severed from the job and you need to do all the paperwork over.  Technically, you can re-verify I-9s, but that's more troubl…
  • 29 C.F.R. 825.104 tells you who is a "covered employer" and mentions two specific tests that apply to your situation.  You could be a "joint employer" or an "integrated employer".  825.104(c)(2) has the "integrated employer" test and 825.106(c) has …
  • Even if you do not have a state statute or regulation requiring it, the signature is a good idea if it can be obtained without a high expense. The main reason is to get controversy out of the way BEFORE payroll is processed.  That's a real headache …
  • I have a fairly detailed response floating around in moderation land.