TXHRGuy
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I agree with EFeldman about steering clear of that question. However, you can ask other questions to get at the same type of information. This isn't about her spouse, it's about her predicted tenure with your company. You can certainly ask how lo…
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I see point (2) as being even a bigger issue, now that you mention it, because it's not just earned PTO, it's the quid pro quo for not taking 1.5x time for the added work you did: it is, in the truest sense and in any state, earned and owed compensa…
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Depending on the Company's requirement to actually award the comp time as time off rather than OT pay, this could be a real problem in production environments where missing people can translate into missing out on big $. I agree with EFeldman that …
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It's difficult to have employees volunteer on behalf of the Company and pass the smile test under FLSA. Are they doing charity work under the banner of the Company or, in working the booth, are they promoting the interests of the Company itself?
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That's a good point, Mandi. Personally, I tend to present my ideas in formal proposals. Every so often you end up in a brain storming session and you blurt something out in the heat of creative inspiration. In that case, be the person to send a…
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The situation is too context sensitive to give any one answer. The relationship between you and your boss in simple power terms matters. Are you the administrator? The manager? The VP? Is your boss the manager, the director, the CEO? Am I a gen…
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There's one odd spot here. You cannot compel use of vacation concurrently with FMLA and ask for anything more than you would normally ask for vacation. So, you aren't really entitled to a full-blown FMLA cert until after the vacation unless your …
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FMLA obstruction, and all forms of discrimination are the most common culprits. One way that you can prevent liability from coming back to you when you know something is being done improperly is to document that you have communiacted the existence o…
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Here, when we make a job offer, the back of the offer letter is a copy of the A/B/C lists and we discuss what they want to bring on the list and highlight it for them there. If they don't have that or other allowable alternates when they show up, t…
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We are weekly. I would love to go semi-monthly. In a prior discussion about this, the big problem that kept coming up, then as now, was keeping track of OT. If you have a good time and attendance system attached to your payroll engine, you should…
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We use 1/2 point for "short shift", which includes coming late, leaving early, or taking a long lunch or other unscheduled break and 1 point for missing more than an hour of shift. We understand that people who might miss 61 minutes or more of thei…
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Points systems are great, and are even greater still in a no-fault environment. However, OP requests information about a policy that is not no-fault. I think it's a mistake on the part of management not to go with a no-fault system and I'm sympath…
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[quote user="HRforME"] (4) While they state that they assume a lot of the liability and responsibility for employment decisions, based on conversations with the DOL in late 2005, mistakes made by the PEO were considered mistakes made by the employer…
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[quote user="pammcconnell"] My point was not so much that you legally can't regulate, but rather, you will drive yourself nuts trying to regulate what everyone talks about. Companies for years have had policies about not talking about your compensa…
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[quote user="IT HR"]But TXHRGuy, didn't we have a discussion about stuff like this a couple of months ago? If I remember correctly it was regarding the NLRB getting involved because employers were trying to limit what employees talked about? Or wa…
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[quote user="pammcconnell"] I don't think that you can regulate weather or not a political argument will take place or not.[/quote] Actually, you can, in non-governmental employment. Public employees have certain free speech rights but nobody else …
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Food for thought.... The less specific your policy, the more your decisions are open to question and prone to error. What's the likelihood that you would rule similarly on cases 3 years apart? Would you keep a precedent manual up to date on leave-e…
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It's Pandora's box. I recently read an article about Googling candidates, checknig them out on networking sites, etc. The problem is there will occasionally be info you shouldn't know (e.g., age, religion, etc.) and information that simply isn't tr…
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The candidate may not be under NDA with his former employer. If that's the case, he may not be doing anything he isn't entitled to do. There's nothing wrong with being hired from Pepsi by Coke and telling Coke how Pepsi works as long as there's no…
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Non disclosure agreement. They don't carry the same weight in all circuits: consult counsel.
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[quote user="HRforME"] [...]Short of issues like that (safety), or ones that directly or indirectly infringe on religious beliefs, courts will pretty much uphold any dress code an employer imposes, including those that include personal grooming gui…
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Relating to my other reply, here's a good article that covers a lot of this ground in the legal world very nicely: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=957804 Unfortunately, I was writing that response while OP was writing clarificatio…
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I recall a case in which a religious organization opened a call center for answering questions about the texts and doctrine of the religion. They wanted only people of their religion working in the call center. They lost the case. Would they have …
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Beware of the customers refusing to do business question. That path usually leads to trouble. For example, no court in the US will let you discriminate on the basis of race simply because your customers are racist. That one is well established. I…
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Please clarify. Is this a situation in which you have a dress code stipulating skirts for women and there is a woman who, for religious reasons, wants to wear something different? Alternatively, is this a case in which you have a supervisor who ha…
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Congressional payola in the 30s?
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First -- I would never pay any severance pay without getting a release agreement as part of the plan. Wouldn't you hate to get sued by a person you paid to leave? Let's sort out this situation a bit: Things that have no bearing to a release and se…
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Essentially, the question is "have we paid for this week already?" The answer is, probably not. HRforME is correct in that FLSA stipulates that the salary basis of pay requires (with a few exceptions) that the individual's base salary pay be the s…
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[quote user="Catbert2"]We have some employees in the U.S. and almost as many in the UK who are all part of the same team. Those in the UK get many more paid holidays and tend to work somewhat shorter days than the U.S. employees, or at least that's …
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We don't allow negative paid time off banks: it creates too much heartache but that also partially reflects the fact that have a largely high turnover environment.