The federal Fair Labor Standards Act, amended by the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), requires all employers to provide reasonable break time and a private, non-bathroom space for nursing employees to express breast milk. It needs to be shielded from view and free from intrusion from coworkers and the public. […]
Category: HR Q&A
Q&A: Personal Leave of Absence
An employee requested an unpaid leave of absence to complete their last semester of college. Do we have to approve it? If we don’t but still want to, what should we consider before approving the employee’s request? A leave of absence for educational purposes isn’t covered by the Family and Medical Leave Act, Americans with […]
Q&A: Who should be responsible for delivering a disciplinary action in response to performance or attendance issues?
In general, disciplinary actions should be delivered by the employee’s manager. It’s the manager’s job to define what success looks like in the role, set performance and attendance expectations, monitor the employee’s work, offer guidance, coaching, and feedback, and administer discipline when needed. Employees also tend to respond better when the person disciplining them is […]
Q&A: Who Should Have Access to Employee Files?
Whoever does HR in your organization will obviously need access since they’re responsible for updating employee information and making sure everything is compliant with employment laws. Many states also grant employees the right to view their own personnel files. Other roles in your organization may need access from time to time, but that access should […]
Q&A: Can We Have a Mandatory Retirement Age?
With a few exceptions, no, you can’t have a mandatory retirement age. Forcing an employee age 40 or older to retire at a certain age would likely violate the Age Discrimination in Employment Act. You could, however, offer voluntary retirement plans or various post-retirement benefits for employees over a certain age as long as these […]
Q&A: Do I need to do anything when employees come to me to vent?
It depends on what they’re venting about. If they’re complaining about conduct that might be illegal, such as harassment or threats of violence, you’ll need to investigate. This is true even if the employee asks you not to take action. If the situation doesn’t pertain to potentially unlawful conduct, it can be helpful to ask […]
Q&A: If an employee puts in their notice, can we let them go that day instead of keeping them for the full notice period?
Generally, yes, you can let an employee go that same day unless there is a contract or agreement to the contrary. While you aren’t required to retain an employee or provide compensation during a resignation notice period if the employee doesn’t work, there are some things you should consider before telling the employee you don’t […]
Q&A: What is a “plan document” with respect to insurance plans offered by private employers?
A plan document is the official governing document of employee benefit plans, such as health, welfare, and retirement plans. The Employee Retirement Income Security Act (ERISA) requires that almost all private employers that sponsor benefit plans have corresponding plan documents. Your plan document should include specific information about the plan, such as eligibility, funding and […]
Q&A: Should we include a pay range in our job postings even though we aren’t required to by law?
We generally recommend including pay ranges in job postings even if it isn’t legally required. First, since the practice has become more common, more job seekers expect it, and many won’t apply for jobs that don’t include a pay range. By not including this information, you risk missing out on top talent. Second, sharing pay […]
Q&A: We’ve decided to bring employees back into the office a few days each week and change our remote work policies. Some employees have been grumbling about this change. What should we do?
Any time you make a change like this, you can expect a certain amount of employee complaints. People aren’t inherently great with change, and the benefits of remote work can be hard to part with. Given that, instead of trying to shut down complaints (which could potentially run afoul of employees’ rights under the National […]