Question: Do we have to give employees who smoke additional smoke breaks or allow them to return to work smelling strongly of smoke? We’ve received complaints from both other employees and customers. Answer from Emily, PHR: No, you’re not required to provide additional breaks to employees who smoke, and you also don’t have to tolerate […]
Category: HR Q&A
Q&A: Harassment Investigation – How To Figure It Out
We suspect that one of our employees harassed another, but we only have their conflicting stories to go on—no witnesses, video, or emails. The accuser’s account of the incident seems much more credible than that of the accused. Can we discipline with only this information? Answer from Monica, SPHR, SHRM-CP: Probably. It would be a […]
Q&A: When does the I-9 need to be completed?
All new employees must complete Section 1 of Form I-9 on or before their first day of employment. Then, within three business days of their start date, they should submit acceptable proof of their identity and eligibility to work in the United States. As the employer, you should complete Section 2 within those same three […]
Q&A: How do we determine whether a position is exempt or non-exempt?
Answer from Kara, JD, SPHR: Exempt and non-exempt are classifications under the Fair Labor Standards Act (FLSA), a federal law requiring that most employees receive at least minimum wage for each hour worked and overtime pay for hours worked over 40 in a workweek. Employees who are entitled to both minimum wage and overtime are […]
Q&A: Can We Reduce Someone’s Hours So They Quit and Can’t Collect Unemployment?
A fellow business owner told me I should substantially reduce the hours of employees I want to terminate so they’re forced to quit and can’t collect unemployment. Have you heard of this practice before? Answer from Kyle, PHR: We have, yes, and we don’t recommend it. First, the practice doesn’t prevent the employee from filing […]
Q&A: How many hours can I assign to a part-time employee? Is there a limit?
Answer from Laura, SHRM-CP: There’s no specific limit to the number of hours you can assign to a part-time employee, as it’s up to you to decide how many hours employees need to work in a week to be considered full-time. I recommend abiding by the standards you’ve set. So, for example, if you define […]
Q&A: What is the difference between a discretionary bonus and a non-discretionary bonus?
A discretionary bonus, as its name implies, is a bonus in which the employer has discretion as to whether to pay it and what amount it will be. In other words, there’s no promise or agreement that a discretionary bonus will be paid. A surprise holiday bonus is one example. A non-discretionary bonus, on the […]
Q&A: Can an employee returning from FMLA leave be placed in a different role?
Generally not. Upon return from FMLA leave, employees must be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other employment terms and conditions. To be truly equivalent, the job must involve the same or substantially similar duties and responsibilities and require substantially equivalent skill, effort, responsibility, and […]
Q&A: What happens if someone is misclassified as an independent contractor?
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 […]
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 […]