We’ve heard that some employees aren’t sanitizing their workstations and wearing masks when required. Do we need to investigate safety violations even if no one has made an official complaint? Yes, I recommend you investigate the matter and take appropriate enforcement or disciplinary action. As an employer, you have an obligation under the OSHA general […]
Category: HR Q&A
Q&A: Is it okay to wish our employees a happy birthday on our company social media page?
There’s no law against it, but some employees may feel that announcing their birthday violates their privacy. While it’s great that you want to recognize your employees and celebrate with them, I recommend not announcing an employee’s birthday without first getting their permission. In the case of announcements on public social media, I would get […]
Q&A: What do we do if an employee is diagnosed with COVID-19?
First, notify other employees of potential exposure, if any, in the workplace. You should tell them that someone was diagnosed with the illness, but you should not identify which employee is sick, even if employees ask so they can gauge their own risk. Medical information, such as a diagnosis, must be kept confidential. It’s okay […]
Q&A: An employee has been called up to the National Guard. How do we handle their leave?
Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), the employee has leave and job reinstatement rights, meaning you’ll need to rehire them following their service. The employee will also be entitled to both seniority-based benefits (as if they had not been on leave) and to non-seniority benefits (e.g., continuation of life insurance) […]
Q&A: Can we withhold an employee’s paycheck until he returns company property?
We have an employee who offered to store some supplies at his home but now he is not returning our calls or in communication with us. Can we withhold his paycheck until he returns the items to us? No. Withholding or delaying an employee’s paycheck would violate wage and hour laws. You could attempt to […]
Q&A: How do we handle pay for an employee out on military leave?
There are two federal laws to consider when managing pay for employees on military leave: the Fair Labor Standards Act (FLSA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA). According to the FLSA, non-exempt employees only need to be paid for hours actually worked. Exempt employees, however, must receive their full weekly salary […]
Q&A: Do we need to keep all of the resumes that we receive?
We’re currently being inundated with unsolicited resumes. Do we need to keep all of them? You can keep or discard unsolicited resumes, but your practice should be consistent. Keeping some while discarding others could open you up to discrimination claims if your hiring decisions were ever challenged. If you’re feeling overwhelmed by the number of […]
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 […]
Q&A: Does “at-will employment” mean we can terminate without risk?
No, termination always comes with some risk, even when the employment is at-will. While at-will employment allows either you or the employee to terminate the employment relationship at any time, with or without notice, and with or without cause, it doesn’t allow you to terminate employment for an unlawful reason which includes termination based on […]
Q&A: What should I do if my employee discloses that their family member or roommate has COVID-19?
Answer from Megan, SPHR, JD: Employees who have come within six feet of someone who is infected should self-quarantine for 14 days after their last exposure per the Centers for Disease Control and Prevention (CDC). During this time, they should take their temperature twice a day and watch for symptoms of COVID-19. Currently, the known […]