It does! Congress enacted the National Labor Relations Act (NLRA) in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to limit certain labor and management practices that can harm the general welfare of workers, businesses, and the U.S. economy. Although a good portion of the NLRA deals with unionization, […]
Category: HR Compliance
Q&A: Do We Need to Pay Summer Interns?
Generally, yes, though it depends on who benefits most from their work. The U.S. Department of Labor (DOL) has adopted the “primary beneficiary test” to determine whether a worker is an employee (who must be paid in accordance with federal wage and hour law) or can be classified as an unpaid intern (a non-employee who […]
Q&A: What is Discrimination Based on National Origin?
Yes. Discrimination based on national origin is prohibited under Title VII of the Civil Rights Act and includes treating applicants or employees unfavorably because they are from a particular country or region of the world, speak with an accent, or appear to be of a certain ethnic background. Even if the manager didn’t follow through […]
Q&A: A remote employee’s roommate has been disrupting their work to the point that their performance is suffering. How should we handle this?
This situation should be handled the same way you’d manage most work disruptions affecting an employee’s performance. Start by having a conversation with the employee about the disruption and explaining your concerns and performance expectations. Remind them that it’s their responsibility to maintain a working environment where they can be successful. Feel free to brainstorm […]
Q&A: What’s the difference between a furlough and a layoff?
Furloughs and layoffs are ways to reduce labor costs during times of economic hardship. They both involve a loss of work for employees, but there is a key difference between them. A furlough continues employment but reduces scheduled hours or requires a period of unpaid leave. Because the employment relationship remains intact, employees typically expect […]
Q&A: A remote employee told us they were injured at home during their workday. What are our responsibilities?
When an employee informs you that they were injured while working from home, take the claim seriously and follow your usual procedure for a workplace injury. Here are the steps we recommend: * Thank them for letting you know about the injury and ask if they need medical attention. If necessary, help them get it. […]
Q&A: What are Whistleblower Protections?
Whistleblowing occurs when an employee reports wrongdoing (dangerous, illegal, or unethical activity or practices by the company or its employees) either directly to the employer or to an outside authority. Many laws, including the Occupational Safety and Health Act, consider whistleblowing a protected activity, meaning you can’t lawfully retaliate against an employee for making such a report. […]
Q&A: What is mentoring in the workplace?
Mentoring is a professional relationship between a senior or more experienced employee (the mentor) and a newer or less experienced one (the mentee). The mentor shares their knowledge and experience, offering guidance, advice, feedback, and encouragement. The mentee, for their part, can go to their mentor with personal and professional goals, questions, and frustrations. Mentorship […]
Q&A: We’ve had a request for a religious accommodation, but I think the employee wants to get out of following the policy for other reasons. How do I determine whether a religious belief is legitimate and sincerely held?
Ordinarily, you should assume that an employee’s request for a religious accommodation is based on a sincerely held religious belief, observance, or practice. The definition of religion is broad and protects beliefs, observances, and practices you may not be familiar with. That said, if you have an objective basis for doubting either the religious nature […]
Q&A: We’re not bound by any law requiring us to conduct background checks, but we choose to do them for all new hires. Should we also do them when we rehire an employee?
It’s up to you. Conducting a background check when hiring a former employee would keep the process simple and straightforward. Every exception you add to a process gives you something else to remember – and potentially forget! That said, you could instead establish a time limit between an employee’s termination date and rehire date – […]