There are many potential liabilities resulting from misclassification and they come from several sources: namely, the IRS, unemployment insurance, workers’ compensation, federal wage and hour law, and state wage and hour law. An employer will owe up to three years of back taxes on the misclassified employee’s wages, in addition to fines and interest. They […]
Alice Gentry
Q&A: Can we deny an employee’s use of accrued vacation time?
Yes, the decision to approve or deny the use of accrued vacation time is up to you, assuming you do so in a consistent and non-discriminatory manner. It would be acceptable, for example, to deny a vacation request because approving it would leave you without adequate coverage, or because the employee asked with less notice […]
Affirmation: I Will Kick-Start My Day with 7 energizing activities
Mornings can be a tough part of the day. We don’t want to get up, and most of us certainly don’t want to go to work. But mornings are important. A good morning is the most important step to ensuring that you have a good day. If you stumble out of bed, shower, get dressed, […]
Q&A: Can we give employees different amounts of vacation or PTO time?
If the differing amounts of vacation or PTO are based on a clearly-defined employee groupings, such as seniority, department, or exempt versus non-exempt status, then yes. It’s a common practice, for example, for employers to offer more vacation time to employees who have been with the organization for longer. Where you can run into trouble […]
Q&A: A newly-hired employee quit after their first day. To keep things simple, can we just pay them as an independent contractor?
No, that approach is not compliant with regulations. The IRS, the U.S. Department of Labor, and state agencies have specific criteria for determining who is an employee and who is an independent contractor. These criteria focus on the overall relationship workers have with their employer, with attention to who controls when, where, and how the […]
Q&A: Can a Pregnant Employee Be Entitled to More than 12 Weeks of FMLA?
Question: A pregnant employee has gone on leave 4 weeks before the baby is going to be born. Do I have to give her all 12 FMLA weeks after it’s born, too? Sixteen weeks is a lot! Answer from Megan, PHR, JD: Eligible employees are entitled to take up to 12 workweeks of FMLA leave […]
Good thing to do: Create a Peace Garden
Your spring garden can be a delightful addition to your meditation practice. It can be very simple to design a special space that will appeal to all your senses without requiring much time consuming maintenance. These are some ways to create a garden that can improve your peace of mind come rain or shine. Designing […]
Q&A: An employee has informed me that they were offended by a suggestive photo a coworker showed them. How should I handle this?
As an employer, you have an obligation to take steps to prevent harassment and deal with it thoroughly and promptly when it occurs. Since the alleged behavior may constitute sexual harassment, we recommend that you investigate the matter and put a stop to any such behavior as soon as possible. Speak to the employee who […]
Affirmation: Taking on additional responsibilities at work increases my value.
I work to my fullest potential. It gives me a sense of satisfaction to extend myself into other areas, so I gladly accept additional responsibilities when they come my way. Taking on new projects also makes me more valuable to my employer. I reject the narrative that I owe my employer the amount of work […]
Affirmation: On the highway of life, work does not drive me.
On the highway of life, work does not drive me. I drive work by staying calm and remaining positive. I am in control of my work and emotions. I am successful because I am dedicated to my work and passionate about my life. Therefore, peace and joy follow me wherever I go. When I am […]